Technical Corrections to the Export Administration Regulations and to the Defense Priorities and Allocations System (DPAS) Regulation, 3943-3946 [E7-1336]

Download as PDF Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 / Rules and Regulations Paperwork Reduction Act DEPARTMENT OF COMMERCE This final rule imposes no new reporting or recordkeeping requirements necessitating clearance by OMB. Bureau of Industry and Security List of Subjects in 14 CFR Part 254 Air carriers, Administrative practice and procedure, Consumer protection. Accordingly, the Department of Transportation revises 14 CFR Part 254, Domestic Baggage Liability, to read as follows: I 1. The authority citation for part 254 continues to read: Authority: 49 U.S.C. 40113, 41501, 41501, 41504, 41510, 41702 and 41707. 2. Section 254.4 is revised to read as set forth below: I Carrier liability. On any flight segment using large aircraft, or on any flight segment that is included on the same ticket as another flight segment that uses large aircraft, an air carrier shall not limit its liability for provable direct or consequential damages resulting from the disappearance of, damage to, or delay in delivery of a passenger’s personal property, including baggage, in its custody to an amount less than $3,000 for each passenger. 3. Section 254.5 is revised to read as set forth below: I Notice requirement. rmajette on PROD1PC67 with RULES In any flight segment using large aircraft, or on any flight segment that is included on the same ticket as another flight segment that uses large aircraft, an air carrier shall provide to passengers, by conspicuous written material included on or with its ticket, either: (a) Notice of any monetary limitation on its baggage liability to passengers; or (b) The following notice: ‘‘Federal rules require any limit on an airline’s baggage liability to be at least $3,000 per passenger.’’ Andrew B. Steinberg, Assistant Secretary for Aviation and International Affairs. [FR Doc. E7–1101 Filed 1–26–07; 8:45 am] BILLING CODE 4910–9X–P VerDate Aug<31>2005 14:38 Jan 26, 2007 Jkt 211001 RIN 0694–AD88 Technical Corrections to the Export Administration Regulations and to the Defense Priorities and Allocations System (DPAS) Regulation Bureau of Industry and Security, Commerce. ACTION: Final rule; technical corrections. I § 254.5 [Docket No. 061212330–6330–01] AGENCY: PART 254—DOMESTIC BAGGAGE LIABILITY § 254.4 15 CFR Parts 700, 730, 734, 740, 748, 758 and 762 SUMMARY: The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR), in Subchapter C, to remove an outdated reference to another agency’s schedule that is no longer used by that other agency; to remove an outdated reference to another department’s regulations and replace it with the department name and regulatory reference that is currently in use; to correct two references in the EAR that inadvertently directed the public to the wrong sections of the EAR for further information; and to correct contact information listed in the EAR for one (1) telephone number; one (1) fax number; one (1) e-mail address; and two (2) addresses to this rule adds an e-mail address, fax number, and address to clarify for the public where de minimis reports should be sent, when required by the EAR. BIS is also correcting a typographical error in a final rule published in the Federal Register on July 13, 2006 (71 FR 39526) that made administrative and technical corrections to the Defense Priorities and Allocations System (DPAS) Regulation (15 CFR part 700). DATES: Effective Date: This rule is effective: January 29, 2007. ADDRESSES: Although this is a final rule, comments are welcome and should be sent to publiccomments@bis.doc.gov, fax (202) 482–3355, or to Regulatory Policy Division, Bureau of Industry and Security, Room H2705, U.S. Department of Commerce, Washington, DC 20230. Please refer to regulatory identification number (RIN) 0694–AD88 in all comments, and in the subject line of email comments. Comments on the collection of information should be sent 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: For Export Administration Regulation PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 3943 related questions contact Timothy Mooney, Office of Exporter Services, Bureau of Industry and Security, Telephone: (202) 482–2440. For Defense Priorities and Allocations System (DPAS) Regulation related questions contact Liam McMenamin, Office of Strategic Industries and Economic Security, Bureau of Industry and Security, U.S. Department of Commerce, Telephone: (202) 482–2233. SUPPLEMENTARY INFORMATION: This rule makes the following technical corrections to the Export Administration Regulations (EAR): In § 734.2 (Important EAR terms and principles), this rule removes an outdated reference to schedule ‘‘E’’ issued by the Bureau of Census in paragraph (b)(8), because schedule ‘‘E’’ has not existed since 1989. Schedule ‘‘C’’ remains in existence and will continue to be listed in paragraph (b)(8) to provide a reference for the public for the Classification of Country and Territory Designations for U.S. Export Statistics, issued by the Bureau of the Census. In Supplement No. 2 to Part 734 (Calculation of Values for De minimis Rules), this rule revises paragraph (b)(5) and adds new paragraphs (b)(5)(i), (b)(5)(ii) and (b)(5)(iii) to add an e-mail address, fax number, and address, respectively, to clarify for the public where de minimis reports should be sent when required by the EAR and the methods of delivery available. In § 740.12 (Gift Parcels and Humanitarian Donations (GFT)), this rule corrects an outdated EAR reference in the ‘‘note to paragraph (a)’’, that directed the public to § 748.9(e) of the EAR for licensing of multiple gift parcels. The correct EAR reference, which this rule adds to the note to paragraph (a), is § 748.8(d). To further assist the public, this rule also adds to the note to paragraph (a) a reference, to Supplement No. 2 to Part 748 paragraph (d), for additional information regarding gift parcels. In § 740.14 (Baggage (BAG)), this rule removes an outdated reference in paragraph (e)(2) to the ‘‘Department of Treasury Regulations (27 CFR 178.115(d)),’’ because these regulations were renumbered from Part 178 to Part 478 when the law enforcement functions of Alcohol, Tobacco and Firearms (ATF) under the Department of the Treasury were transferred to the Department of Justice, effective January 24, 2003. To conform with these changes, this rule removes the reference to ‘‘the Department of Treasury’s Regulations (27 CFR 178.115(d))’’, and adds the updated reference to E:\FR\FM\29JAR1.SGM 29JAR1 3944 Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 / Rules and Regulations rmajette on PROD1PC67 with RULES ‘‘Department of Justice Regulations (27 CFR 478.115(d))’’. In § 748.2 (Obtaining Forms; Mailing Addresses), this rule corrects the contact information listed, in the unassigned paragraph of paragraph (a), for the Bureau of Industry and Security in San Jose, California. The updated contact information for this office is ‘‘Bureau of Industry and Security, U.S. Department of Commerce, 96 North 3rd Street, Suite 250, San Jose, CA 95112 ; Tel: (408) 291–4212; Fax: (408) 291–4320’’. To conform with this change made in § 748.2(a), this rule also corrects § 730.8 (How to proceed and where to get help), in paragraph (c), by correcting that same reference to the Bureau of Industry and Security in San Jose, California. Also in § 748.2, this rule corrects the zip code listed for the Bureau of Industry and Security in the second sentence of paragraph (c) by removing the zip code ‘‘20044’’ and adding the correct zip code ‘‘20230’’. In § 758.5 (Conformity of Documents and Unloading of Items), this rule corrects the e-mail address listed in paragraph (e)(2)(ii) for the Regulatory Policy Division. The correct e-mail address, which this rule adds to that paragraph, is ‘‘rpd2@bis.doc.gov’’. In § 762.6 (Period of Retention), this rule corrects an outdated EAR reference in paragraph (b) that, prior to publication of this rule, had directed the public to § 765.5(c)(4)(ii) for records pertaining to voluntary disclosures. The correct EAR reference, which this rule adds to that sentence, is § 764.5(c)(4)(ii). This rule also makes the following correction to the Defense Priorities and Allocations System (DPAS) Regulation: In Schedule I to Part 700—Approved Programs and Delegate Agencies, there is a typographical error in the form of the word ‘‘and’’ in the N5 Approved Program description. This rule corrects the N5 Approved Program description to read ‘‘Domestic counter-terrorism, including law enforcement.’’ 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 3, 2006, (71 FR 44551 (August 7, 2006), has continued the Export Administration Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701–1706 (2000)) (IEEPA). Rulemaking Requirements This final 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 VerDate Aug<31>2005 14:38 Jan 26, 2007 Jkt 211001 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 contains a collection of information subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This collection has been approved by the 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. Send comments regarding these burden estimates or any other aspect of these collections of information, including suggestions for reducing the burden, to David Rostker, OMB Desk Officer, by email at david_roskter@omb.eop.gov or by fax to (202) 395–7285; and to the Regulatory Policy Division, Bureau of Industry and Security, Department of Commerce, P.O. Box 273, Washington, DC 20044. 3. This rule does not contain policies with Federalism implications as that term is defined 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 revisions made by this rule are administrative in nature and do not affect the rights and obligations of the public. Because these revisions are not substantive changes to the EAR and to the DPAS, it is unnecessary to provide notice and opportunity for public comment. In addition, the 30-day delay in effectiveness required by U.S.C. 553(d) is not applicable because this rule is not a substantive rule. No other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this 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. Therefore, this regulation is issued in final form. Although there is no formal comment period, public comments on this regulation are welcome on a continuing basis. Comments should be submitted to Timothy Mooney, Office of Exporter Services, Bureau of Industry and Security, Department of Commerce, P.O. Box 273, Washington, DC 20044. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 List of Subjects 15 CFR Part 700 Administrative practice and procedure, Business and industry, Government contracts, National defense, Reporting and recordkeeping requirements, Strategic and critical materials. 15 CFR Part 730 Administrative practice and procedure, Advisory committees, Exports, Reporting and recordkeeping requirements, Strategic and critical materials. 15 CFR Part 734 Administrative practice and procedure, Exports, Inventions and patents, Research, Science and technology. 15 CFR Part 740 and 758 Administrative practice and procedure, Exports, Reporting and recordkeeping requirements. 15 CFR Part 748 Exports, Reporting and recordkeeping requirements. 15 CFR Part 762 Administrative practice and procedure, Business and industry, Confidential business information, Exports, Reporting and recordkeeping requirements. I Accordingly, parts 730, 734, 740, 748, 758 and 762 of the Export Administration Regulations (15 CFR parts 730–799) and part 700 of the Defense Priorities and Allocations System (DPAS) Regulation (15 CFR part 700) are amended as follows: PART 700—[CORRECTED] 1. The authority citation for 15 CFR part 700 continues to read as follows: I Authority: Titles I and VII of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061, et seq.), Title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195, et seq.), Executive Order 12919, 59 FR 29525, 3 CFR, 1994 Comp. 901, and Executive Order 13286, 68 FR 10619, 3 CFR, 2003 Comp. 166; section 18 of the Selective Service Act of 1948 (50 U.S.C. App. 468), 10 U.S.C. 2538, 50 U.S.C. 82, and Executive Order 12742, 56 FR 1079, 3 CFR, 1991 Comp. 309; and Executive Order 12656, 53 FR 226, 3 CFR, 1988 Comp. 585. Schedule I to Part 700 [Amended] 2. In Schedule I to Part 700— Approved Programs and Delegate Agencies, under the ‘‘Approved program’’ column, correct ‘‘Domestic and counter-terrorism, including law I E:\FR\FM\29JAR1.SGM 29JAR1 Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 / Rules and Regulations § 734.2 Important EAR terms and principles. enforcement’’ to read ‘‘Domestic counter-terrorism, including law enforcement’’. * PART 730—[AMENDED] 3. The authority citation for 15 CFR part 730 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); 22 U.S.C. 287c; 22 U.S.C. 2151 note, Pub. L. 108–175; 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. 11912, 41 FR 15825, 3 CFR, 1976 Comp., p. 114; E.O. 12002, 42 FR 35623, 3 CFR, 1977 Comp., p. 133; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12214, 45 FR 29783, 3 CFR, 1980 Comp., p. 256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 12981, 60 FR 62981, 3 CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p.208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; E.O. 13338, 69 FR 26751, May 13, 2004; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006); Notice of October 27, 2006, 71 FR 64109 (October 31, 2006). 4. Section 730.8 is amended by revising the undesignated paragraph at the end of paragraph (c) for the ‘‘U.S. Export Assistance Center’’ to read as follows: I § 730.8 help. How to proceed and where to get * * * * * (c) * * * Bureau of Industry and Security, U.S. Department of Commerce, 96 North 3rd Street, Suite 250, San Jose, CA 95112, Tel: (408) 291–4212, Fax: (408) 291– 4320. * * * * (b) * * * (8) * * * These destinations are listed in Schedule C, Classification Codes and Descriptions for U.S. Export Statistics, issued by the Bureau of the Census. * * * * * I 7. Supplement No. 2 to part 734 is amended by revising paragraph (b)(5) to read as follows: Supplement No. 2 to Part 734— Calculation of Values for De Minimis Rules * * * * * (b) * * * (5) Report and wait. If you have not been contacted by BIS concerning your report within thirty days after filing the report with BIS, you may rely upon the calculations in your report and the de minimis exclusions for software and technology for so long as you are not contacted by BIS. BIS may contact you concerning your report to inquire of you further or to indicate that BIS does not accept the assumptions or rationale for your calculations. If you receive such a contact or communication from BIS, you may not rely upon the de minimis exclusions for software and technology in § 734.4 of this part until BIS has indicated whether or not you may do so in the future. You must include in your report the name, title, address, telephone number, and facsimile number of the person BIS may contact concerning your report. Please submit your report to: (i) E-mail: rpd2@bis.doc.gov; (ii) Fax: (202) 482–3355; or (iii) Mail or Hand Delivery/Courier: Regulatory Policy Division, U.S. Department of Commerce, Bureau of Industry and Security, Regulatory Policy Division, 14th and Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230. PART 740—[AMENDED] 8. The authority citation for 15 CFR part 740 continues to read as follows: PART 734—[AMENDED] I 5. The authority citation for 15 CFR part 734 is revised 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 3, 2006, 71 FR 44551 (August 7, 2006). rmajette on PROD1PC67 with RULES I Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; 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 3, 2006, 71 FR 44551 (August 7, 2006); Notice of October 27, 2006, 71 FR 64109 (October 31, 2006). 6. Section 734.2 is amended by revising the last sentence of paragraph (b)(8) to read as follows: I VerDate Aug<31>2005 14:38 Jan 26, 2007 Jkt 211001 9. Section 740.12 is amended by revising the last sentence of Note to paragraph (a) to read as follows: I § 740.12 Gift Parcels and Humanitarian Donations (GFT). (a) * * * Note to paragraph (a) of this section: PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 3945 * * * (See § 748.8(d) and Supplement No. 2 to Part 748 paragraph (d) of the EAR for licensing of multiple gift parcels). * * * * * I 10. Section 740.14 is amended by revising paragraph (e)(2) to read as follows: § 740.14 Baggage (BAG). * * * * * (e) * * * (2) A nonresident alien leaving the United States may export or reexport under this License Exception only such shotguns and shotgun shells as he or she brought into the United States under the provisions of the Department of Justice Regulations (27 CFR 478.115(d)). * * * * * PART 748—[AMENDED] 11. The authority citation for 15 CFR part 748 continues to read as follows: I Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 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 3, 2006, 71 FR 44551 (August 7, 2006). 12. Section 748.2 is amended: a. By revising the undesignated paragraph at the end of paragraph (a) for the ‘‘U.S. Export Assistance Center’’; and I b. By revising paragraph (c) to read as follows: I I § 748.2 Obtaining forms; mailing addresses. (a) * * * Bureau of Industry and Security, U.S. Department of Commerce, 96 North 3rd Street, Suite 250, San Jose, CA 95112, Tel: (408) 291–4212, Fax: (408) 291– 4320. (b) * * * (c) All applications should be mailed to the following address, unless otherwise specified: Bureau of Industry and Security, U.S. Department of Commerce, P.O. Box 273, Washington, DC 20044. If you wish to submit your application using an overnight courier, use the following address: Bureau of Industry and Security, U.S. Department of Commerce, 14th Street and Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230, Attn: ‘‘Application Enclosed’’. BIS will not accept applications sent C.O.D. PART 758—[AMENDED] 13. The authority citation for 15 CFR part 758 is revised 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, E:\FR\FM\29JAR1.SGM 29JAR1 3946 Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 / Rules and Regulations 3 CFR, 2001 Comp., p. 783; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006). 14. Section 758.5 is amended by revising paragraph (e)(2)(ii) to read as follows: I § 758.5 Conformity of documents and unloading of items. * * * * * (e) * * * (2) * * * (ii) Contact information. U.S. Department of Commerce, Bureau of Industry and Security, Office of Exporter Services, Room 2705, 14th and Pennsylvania Avenue, NW., Washington, DC 20230; phone number 202–482–0436; facsimile number 202– 482–3322; and E-Mail address: rpd2@bis.doc.gov. PART 762—[AMENDED] 15. The authority citation for 15 CFR part 762 is revised 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 3, 2006, 71 FR 44551 (August 7, 2006). 16. Section 762.6 is amended by revising the last sentence of paragraph (b) to read as follows: I § 762.6 Period of retention. * * * * * (b) * * * This prohibition applies to records pertaining to voluntary disclosures made to BIS in accordance with § 764.5(c)(4)(ii) and other records even if such records have been retained for a period of time exceeding that required by paragraph (a) of this section. Dated: January 23, 2007. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. E7–1336 Filed 1–26–07; 8:45 am] BILLING CODE 3510–33–P LEGAL SERVICES CORPORATION 45 CFR Part 1621 Client Grievance Procedures Legal Services Corporation. Final rule. AGENCY: rmajette on PROD1PC67 with RULES ACTION: SUMMARY: This final rule amends the Legal Services Corporation’s regulation on client grievance procedures. These changes are intended to improve the utility of the regulation for grantees and their clients and applicants for service in the current operating environment. In particular, the changes clarify what procedures are available to clients and applicants, emphasize the importance of VerDate Aug<31>2005 14:38 Jan 26, 2007 Jkt 211001 the grievance procedure for clients and applicants and add clarity and flexibility in the application of the requirements for hotline and other programs serving large and widely dispersed geographic areas. DATES: This final rule becomes effective on February 28, 2007. FOR FURTHER INFORMATION CONTACT: Mattie Cohan, Senior Assistant General Counsel, Office of Legal Affairs, Legal Services Corporation, 3333 K Street, NW., Washington DC 20007; 202–295– 1624 (ph); 202–337–6519 (fax); mcohan@lsc.gov. SUPPLEMENTARY INFORMATION: Background The Legal Services Corporation’s (LSC) regulation on client grievance procedures, 45 CFR Part 1621, adopted in 1977 and not amended since that time, requires that LSC grant recipients establish grievance procedures pursuant to which clients and applicants for service can pursue complaints with recipients related to the denial of legal assistance or dissatisfaction with the legal assistance provided. The regulation is intended to help ‘‘insure that legal services programs are accountable to those whom they are expected to serve.’’ 42 FR 37551 (July 22, 1977). As noted above, Part 1621 has not been amended since its original adoption nearly 30 years ago. A Notice of Proposed Rulemaking (NPRM) was published in 1994 which would have instituted some more specific requirements for the grievance process and clarified the situations in which access to the grievance process is appropriate. However, due to significant legislative activity in 1995 and 1996, no final action was ever taken on the 1994 NPRM and the original regulation has remained in effect. As part of a staff effort in 2001 and 2002 to conduct a general review of LSC’s regulations, the Regulations Review Task Force found that a number of the issues identified in the 1994 NPRM remained extant. The Task Force recommended in its Final Report (January 2002) that Part 1621 be considered a higher priority item for rulemaking. Representatives of the grantee community agreed at that time that rulemaking to revise and update Part 1621 was appropriate. The Board of Directors accepted the report and placed Part 1621 on its priority rulemaking list. No action was taken on this item prior to the appointment of the current Board of Directors. After the appointment of the current Board of Directors, LSC Management PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 recommended to the Board that a rulemaking to consider revision of Part 1621 was still appropriate. The Board of Directors agreed and on October 29, 2005, the Board of Directors directed that LSC initiate a rulemaking to consider revisions to LSC’s regulation on client grievance procedures, 45 CFR Part 1621. The Board further directed that LSC convene a Rulemaking Workshop and report back to the Operations & Regulations Committee prior to the development of any Notice of Proposed Rulemaking (NPRM). LSC convened a Rulemaking Workshop on January 18, 2006, and provided a report to the Committee at its meeting on January 27, 2006. As a result of that Workshop and report, the Board directed that LSC convene a second Rulemaking Workshop and report back to the Operations & Regulations Committee prior to the development of any NPRM. LSC convened a second Rulemaking Workshop on March 23, 2006 and provided a report to the Committee at its meeting on April 28, 2006. As a result of the second Workshop and report, the Board directed that a Draft NPRM be prepared. The Committee considered the Draft NPRM at its meeting of July 28, 2006 and the Board approved this NPRM for publication and comment at its meeting of July 29, 2006. LSC published the NPRM on August 21, 2006 (71 FR 48501). LSC received five timely comments on the NPRM. A draft final rule was prepared by Management for presentation to the Committee at its October 27, 2006, meeting. Prior to that meeting, however, LSC received a request from the National Legal Aid and Defender Association (NLADA) that LSC postpone consideration of the draft final rule and reopen the comment period to allow the client community additional time to respond to the proposed changes in the rule. In response to that request, action on the draft final rule was deferred and the NPRM was republished for comment on November 7, 2006 (71 FR 65064). LSC received three timely additional comments, one from the client caucus of an LSC grantee, one from the client committee of a non-LSC grantee legal services provider, and one from the Center for Law and Social Policy on behalf of NLADA, replacing CLASP/NLADA’s previously submitted comments. LSC also received two late filed comments, one from an individual past client of a recipient and one from the Chairperson of the NLADA Client Policy Group.1 After consideration of 1 The comments from the Chairperson of the NLADA Client Policy Group although dated E:\FR\FM\29JAR1.SGM 29JAR1

Agencies

[Federal Register Volume 72, Number 18 (Monday, January 29, 2007)]
[Rules and Regulations]
[Pages 3943-3946]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1336]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 700, 730, 734, 740, 748, 758 and 762

[Docket No. 061212330-6330-01]
RIN 0694-AD88


Technical Corrections to the Export Administration Regulations 
and to the Defense Priorities and Allocations System (DPAS) Regulation

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; technical corrections.

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SUMMARY: The Bureau of Industry and Security (BIS) is amending the 
Export Administration Regulations (EAR), in Subchapter C, to remove an 
outdated reference to another agency's schedule that is no longer used 
by that other agency; to remove an outdated reference to another 
department's regulations and replace it with the department name and 
regulatory reference that is currently in use; to correct two 
references in the EAR that inadvertently directed the public to the 
wrong sections of the EAR for further information; and to correct 
contact information listed in the EAR for one (1) telephone number; one 
(1) fax number; one (1) e-mail address; and two (2) addresses to this 
rule adds an e-mail address, fax number, and address to clarify for the 
public where de minimis reports should be sent, when required by the 
EAR.
    BIS is also correcting a typographical error in a final rule 
published in the Federal Register on July 13, 2006 (71 FR 39526) that 
made administrative and technical corrections to the Defense Priorities 
and Allocations System (DPAS) Regulation (15 CFR part 700).

DATES: Effective Date: This rule is effective: January 29, 2007.

ADDRESSES: Although this is a final rule, comments are welcome and 
should be sent to publiccomments@bis.doc.gov, fax (202) 482-3355, or to 
Regulatory Policy Division, Bureau of Industry and Security, Room 
H2705, U.S. Department of Commerce, Washington, DC 20230. Please refer 
to regulatory identification number (RIN) 0694-AD88 in all comments, 
and in the subject line of email comments. Comments on the collection 
of information should be sent 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: For Export Administration Regulation 
related questions contact Timothy Mooney, Office of Exporter Services, 
Bureau of Industry and Security, Telephone: (202) 482-2440. For Defense 
Priorities and Allocations System (DPAS) Regulation related questions 
contact Liam McMenamin, Office of Strategic Industries and Economic 
Security, Bureau of Industry and Security, U.S. Department of Commerce, 
Telephone: (202) 482-2233.

SUPPLEMENTARY INFORMATION: This rule makes the following technical 
corrections to the Export Administration Regulations (EAR):
    In Sec.  734.2 (Important EAR terms and principles), this rule 
removes an outdated reference to schedule ``E'' issued by the Bureau of 
Census in paragraph (b)(8), because schedule ``E'' has not existed 
since 1989. Schedule ``C'' remains in existence and will continue to be 
listed in paragraph (b)(8) to provide a reference for the public for 
the Classification of Country and Territory Designations for U.S. 
Export Statistics, issued by the Bureau of the Census.
    In Supplement No. 2 to Part 734 (Calculation of Values for De 
minimis Rules), this rule revises paragraph (b)(5) and adds new 
paragraphs (b)(5)(i), (b)(5)(ii) and (b)(5)(iii) to add an e-mail 
address, fax number, and address, respectively, to clarify for the 
public where de minimis reports should be sent when required by the EAR 
and the methods of delivery available.
    In Sec.  740.12 (Gift Parcels and Humanitarian Donations (GFT)), 
this rule corrects an outdated EAR reference in the ``note to paragraph 
(a)'', that directed the public to Sec.  748.9(e) of the EAR for 
licensing of multiple gift parcels. The correct EAR reference, which 
this rule adds to the note to paragraph (a), is Sec.  748.8(d). To 
further assist the public, this rule also adds to the note to paragraph 
(a) a reference, to Supplement No. 2 to Part 748 paragraph (d), for 
additional information regarding gift parcels.
    In Sec.  740.14 (Baggage (BAG)), this rule removes an outdated 
reference in paragraph (e)(2) to the ``Department of Treasury 
Regulations (27 CFR 178.115(d)),'' because these regulations were 
renumbered from Part 178 to Part 478 when the law enforcement functions 
of Alcohol, Tobacco and Firearms (ATF) under the Department of the 
Treasury were transferred to the Department of Justice, effective 
January 24, 2003. To conform with these changes, this rule removes the 
reference to ``the Department of Treasury's Regulations (27 CFR 
178.115(d))'', and adds the updated reference to

[[Page 3944]]

``Department of Justice Regulations (27 CFR 478.115(d))''.
    In Sec.  748.2 (Obtaining Forms; Mailing Addresses), this rule 
corrects the contact information listed, in the unassigned paragraph of 
paragraph (a), for the Bureau of Industry and Security in San Jose, 
California. The updated contact information for this office is ``Bureau 
of Industry and Security, U.S. Department of Commerce, 96 North 3rd 
Street, Suite 250, San Jose, CA 95112 ; Tel: (408) 291-4212; Fax: (408) 
291-4320''. To conform with this change made in Sec.  748.2(a), this 
rule also corrects Sec.  730.8 (How to proceed and where to get help), 
in paragraph (c), by correcting that same reference to the Bureau of 
Industry and Security in San Jose, California. Also in Sec.  748.2, 
this rule corrects the zip code listed for the Bureau of Industry and 
Security in the second sentence of paragraph (c) by removing the zip 
code ``20044'' and adding the correct zip code ``20230''.
    In Sec.  758.5 (Conformity of Documents and Unloading of Items), 
this rule corrects the e-mail address listed in paragraph (e)(2)(ii) 
for the Regulatory Policy Division. The correct e-mail address, which 
this rule adds to that paragraph, is ``rpd2@bis.doc.gov''.
    In Sec.  762.6 (Period of Retention), this rule corrects an 
outdated EAR reference in paragraph (b) that, prior to publication of 
this rule, had directed the public to Sec.  765.5(c)(4)(ii) for records 
pertaining to voluntary disclosures. The correct EAR reference, which 
this rule adds to that sentence, is Sec.  764.5(c)(4)(ii).
    This rule also makes the following correction to the Defense 
Priorities and Allocations System (DPAS) Regulation:
    In Schedule I to Part 700--Approved Programs and Delegate Agencies, 
there is a typographical error in the form of the word ``and'' in the 
N5 Approved Program description. This rule corrects the N5 Approved 
Program description to read ``Domestic counter-terrorism, including law 
enforcement.''
    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 3, 2006, 
(71 FR 44551 (August 7, 2006), has continued the Export Administration 
Regulations in effect under the International Emergency Economic Powers 
Act (50 U.S.C. 1701-1706 (2000)) (IEEPA).

Rulemaking Requirements

    This final 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 contains a collection of information subject 
to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This 
collection has been approved by the 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. Send comments regarding these burden estimates or any other 
aspect of these collections of information, including suggestions for 
reducing the burden, to David Rostker, OMB Desk Officer, by e-mail at 
david_roskter@omb.eop.gov or by fax to (202) 395-7285; and to the 
Regulatory Policy Division, Bureau of Industry and Security, Department 
of Commerce, P.O. Box 273, Washington, DC 20044.
    3. This rule does not contain policies with Federalism implications 
as that term is defined 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 revisions made by this rule are administrative 
in nature and do not affect the rights and obligations of the public. 
Because these revisions are not substantive changes to the EAR and to 
the DPAS, it is unnecessary to provide notice and opportunity for 
public comment. In addition, the 30-day delay in effectiveness required 
by U.S.C. 553(d) is not applicable because this rule is not a 
substantive rule. No other law requires that a notice of proposed 
rulemaking and an opportunity for public comment be given for this 
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. Therefore, this regulation is issued in final form. 
Although there is no formal comment period, public comments on this 
regulation are welcome on a continuing basis. Comments should be 
submitted to Timothy Mooney, Office of Exporter Services, Bureau of 
Industry and Security, Department of Commerce, P.O. Box 273, 
Washington, DC 20044.

List of Subjects

15 CFR Part 700

    Administrative practice and procedure, Business and industry, 
Government contracts, National defense, Reporting and recordkeeping 
requirements, Strategic and critical materials.

15 CFR Part 730

    Administrative practice and procedure, Advisory committees, 
Exports, Reporting and recordkeeping requirements, Strategic and 
critical materials.

15 CFR Part 734

    Administrative practice and procedure, Exports, Inventions and 
patents, Research, Science and technology.

15 CFR Part 740 and 758

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

15 CFR Part 748

    Exports, Reporting and recordkeeping requirements.

15 CFR Part 762

    Administrative practice and procedure, Business and industry, 
Confidential business information, Exports, Reporting and recordkeeping 
requirements.

0
Accordingly, parts 730, 734, 740, 748, 758 and 762 of the Export 
Administration Regulations (15 CFR parts 730-799) and part 700 of the 
Defense Priorities and Allocations System (DPAS) Regulation (15 CFR 
part 700) are amended as follows:

PART 700--[CORRECTED]

0
1. The authority citation for 15 CFR part 700 continues to read as 
follows:

    Authority: Titles I and VII of the Defense Production Act of 
1950, as amended (50 U.S.C. App. 2061, et seq.), Title VI of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5195, et seq.), Executive Order 12919, 59 FR 29525, 3 CFR, 
1994 Comp. 901, and Executive Order 13286, 68 FR 10619, 3 CFR, 2003 
Comp. 166; section 18 of the Selective Service Act of 1948 (50 
U.S.C. App. 468), 10 U.S.C. 2538, 50 U.S.C. 82, and Executive Order 
12742, 56 FR 1079, 3 CFR, 1991 Comp. 309; and Executive Order 12656, 
53 FR 226, 3 CFR, 1988 Comp. 585.

Schedule I to Part 700 [Amended]

0
2. In Schedule I to Part 700--Approved Programs and Delegate Agencies, 
under the ``Approved program'' column, correct ``Domestic and counter-
terrorism, including law

[[Page 3945]]

enforcement'' to read ``Domestic counter-terrorism, including law 
enforcement''.

PART 730--[AMENDED]

0
3. The authority citation for 15 CFR part 730 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); 22 U.S.C. 287c; 22 U.S.C. 2151 
note, Pub. L. 108-175; 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. 11912, 41 FR 15825, 3 CFR, 
1976 Comp., p. 114; E.O. 12002, 42 FR 35623, 3 CFR, 1977 Comp., p. 
133; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12214, 
45 FR 29783, 3 CFR, 1980 Comp., p. 256; E.O. 12851, 58 FR 33181, 3 
CFR, 1993 Comp., p. 608; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., 
p. 179; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 
12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 
5079, 3 CFR, 1995 Comp., p. 356; E.O. 12981, 60 FR 62981, 3 CFR, 
1995 Comp., p. 419; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 
219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 
63 FR 45167, 3 CFR, 1998 Comp., p.208; E.O. 13222, 66 FR 44025, 3 
CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., 
p. 786; E.O. 13338, 69 FR 26751, May 13, 2004; Notice of August 3, 
2006, 71 FR 44551 (August 7, 2006); Notice of October 27, 2006, 71 
FR 64109 (October 31, 2006).


0
4. Section 730.8 is amended by revising the undesignated paragraph at 
the end of paragraph (c) for the ``U.S. Export Assistance Center'' to 
read as follows:


Sec.  730.8  How to proceed and where to get help.

* * * * *
    (c) * * *
    Bureau of Industry and Security, U.S. Department of Commerce, 96 
North 3rd Street, Suite 250, San Jose, CA 95112, Tel: (408) 291-4212, 
Fax: (408) 291-4320.

PART 734--[AMENDED]

0
5. The authority citation for 15 CFR part 734 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 
FR 54079, 3 CFR, 1996 Comp., p. 219; 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 3, 2006, 71 FR 44551 (August 7, 2006); Notice 
of October 27, 2006, 71 FR 64109 (October 31, 2006).


0
6. Section 734.2 is amended by revising the last sentence of paragraph 
(b)(8) to read as follows:


Sec.  734.2  Important EAR terms and principles.

* * * * *
    (b) * * *
    (8) * * * These destinations are listed in Schedule C, 
Classification Codes and Descriptions for U.S. Export Statistics, 
issued by the Bureau of the Census.
* * * * *

0
7. Supplement No. 2 to part 734 is amended by revising paragraph (b)(5) 
to read as follows:

Supplement No. 2 to Part 734--Calculation of Values for De Minimis 
Rules

* * * * *
    (b) * * *
    (5) Report and wait. If you have not been contacted by BIS 
concerning your report within thirty days after filing the report with 
BIS, you may rely upon the calculations in your report and the de 
minimis exclusions for software and technology for so long as you are 
not contacted by BIS. BIS may contact you concerning your report to 
inquire of you further or to indicate that BIS does not accept the 
assumptions or rationale for your calculations. If you receive such a 
contact or communication from BIS, you may not rely upon the de minimis 
exclusions for software and technology in Sec.  734.4 of this part 
until BIS has indicated whether or not you may do so in the future. You 
must include in your report the name, title, address, telephone number, 
and facsimile number of the person BIS may contact concerning your 
report. Please submit your report to:
    (i) E-mail: rpd2@bis.doc.gov;
    (ii) Fax: (202) 482-3355; or
    (iii) Mail or Hand Delivery/Courier: Regulatory Policy Division, 
U.S. Department of Commerce, Bureau of Industry and Security, 
Regulatory Policy Division, 14th and Pennsylvania Avenue, NW., Room 
2705, Washington, DC 20230.

PART 740--[AMENDED]

0
8. 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 3, 2006, 71 FR 44551 (August 7, 2006).


0
9. Section 740.12 is amended by revising the last sentence of Note to 
paragraph (a) to read as follows:


Sec.  740.12  Gift Parcels and Humanitarian Donations (GFT).

    (a) * * *

    Note to paragraph (a) of this section: 


* * * (See Sec.  748.8(d) and Supplement No. 2 to Part 748 paragraph 
(d) of the EAR for licensing of multiple gift parcels).
* * * * *

0
10. Section 740.14 is amended by revising paragraph (e)(2) to read as 
follows:


Sec.  740.14  Baggage (BAG).

* * * * *
    (e) * * *
    (2) A nonresident alien leaving the United States may export or 
reexport under this License Exception only such shotguns and shotgun 
shells as he or she brought into the United States under the provisions 
of the Department of Justice Regulations (27 CFR 478.115(d)).
* * * * *

PART 748--[AMENDED]

0
11. The authority citation for 15 CFR part 748 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
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 3, 2006, 71 FR 
44551 (August 7, 2006).


0
12. Section 748.2 is amended:
0
a. By revising the undesignated paragraph at the end of paragraph (a) 
for the ``U.S. Export Assistance Center''; and
0
b. By revising paragraph (c) to read as follows:


Sec.  748.2  Obtaining forms; mailing addresses.

    (a) * * *
    Bureau of Industry and Security, U.S. Department of Commerce, 96 
North 3rd Street, Suite 250, San Jose, CA 95112, Tel: (408) 291-4212, 
Fax: (408) 291-4320.
    (b) * * *
    (c) All applications should be mailed to the following address, 
unless otherwise specified: Bureau of Industry and Security, U.S. 
Department of Commerce, P.O. Box 273, Washington, DC 20044. If you wish 
to submit your application using an overnight courier, use the 
following address: Bureau of Industry and Security, U.S. Department of 
Commerce, 14th Street and Pennsylvania Avenue, NW., Room 2705, 
Washington, DC 20230, Attn: ``Application Enclosed''. BIS will not 
accept applications sent C.O.D.

PART 758--[AMENDED]

0
13. The authority citation for 15 CFR part 758 is revised 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,

[[Page 3946]]

3 CFR, 2001 Comp., p. 783; Notice of August 3, 2006, 71 FR 44551 
(August 7, 2006).


0
14. Section 758.5 is amended by revising paragraph (e)(2)(ii) to read 
as follows:


Sec.  758.5  Conformity of documents and unloading of items.

* * * * *
    (e) * * *
    (2) * * *
    (ii) Contact information. U.S. Department of Commerce, Bureau of 
Industry and Security, Office of Exporter Services, Room 2705, 14th and 
Pennsylvania Avenue, NW., Washington, DC 20230; phone number 202-482-
0436; facsimile number 202-482-3322; and E-Mail address: 
rpd2@bis.doc.gov.

PART 762--[AMENDED]

0
15. The authority citation for 15 CFR part 762 is revised 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 
3, 2006, 71 FR 44551 (August 7, 2006).


0
16. Section 762.6 is amended by revising the last sentence of paragraph 
(b) to read as follows:


Sec.  762.6  Period of retention.

* * * * *
    (b) * * * This prohibition applies to records pertaining to 
voluntary disclosures made to BIS in accordance with Sec.  
764.5(c)(4)(ii) and other records even if such records have been 
retained for a period of time exceeding that required by paragraph (a) 
of this section.

    Dated: January 23, 2007.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. E7-1336 Filed 1-26-07; 8:45 am]
BILLING CODE 3510-33-P