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