Revisions and Technical Correction to the Export Administration Regulations, 20221-20223 [E7-7730]
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20221
Rules and Regulations
Federal Register
Vol. 72, No. 78
Tuesday April 24, 2007
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 730, 732, 742, 746, and
774
[Docket No. 070313058–7059–01]
RIN 0694–AE00
Revisions and Technical Correction to
the Export Administration Regulations
Bureau of Industry and
Security, Commerce.
ACTION: Final rule; correction.
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AGENCY:
SUMMARY: This rule amends the Export
Administration Regulations (EAR) by
making a technical correction to the
contact information for the Drug
Enforcement Administration. In
addition, this rule amends the EAR by
making corrections inadvertently
omitted in three rules previously
published in the Federal Register: the
August 31, 2006, final rule
implementing the rescission of Libya’s
designation as a state sponsor of
terrorism; the November 20, 2006, final
rule imposing foreign policy controls on
surreptitious communications
intercepting devices; and the January
26, 2007, final rule imposing restrictions
on exports and reexports of luxury
goods to the Democratic People’s
Republic of Korea (North Korea).
DATES: This rule is effective April 24,
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–AE00 in all
comments, and in the subject line of email comments. Comments on the
collection of information should be sent
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17:55 Apr 23, 2007
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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:
Steven Emme, Regulatory Policy
Division, Bureau of Industry and
Security, Telephone: (202) 482–2440.
SUPPLEMENTARY INFORMATION: This rule
makes corrections to the Export
Administration Regulations (EAR) as
described below.
Drug Enforcement Administration
Contact Information
Previously, the International
Chemical Control Unit and the
International Drug Unit of the Drug
Enforcement Administration (DEA)
oversaw the import and export of listed
chemicals used in the production of
controlled substances. However, those
units of the DEA have merged to form
the Office of Diversion Control, ImportExport Unit. As such, the contact
information for the DEA is updated in
Supplement No. 3 to part 730. This rule
removes the contact information for the
International Chemical Control Unit and
the International Drug Unit of the DEA
and replaces them with the contact
information for the ‘‘Drug Enforcement
Administration, Office of Diversion
Control, Import-Export Unit’’. Moreover,
the telephone number, fax number, and
the URL for the homepage of said office
of the DEA are included by inserting
‘‘Tel. (202) 307–4916, Fax: (202) 307–
4702, Internet: https://
www.deadiversion.usdoj.gov/imp_exp/
index.html’’ for ‘‘Chemicals’’ and ‘‘Tel.
(202) 307–7182 or (202) 307–7181, Fax:
(202) 307–7503, Internet: https://
www.deadiversion.usdoj.gov/imp_exp/
index.html.’’ for ‘‘Controlled
Substances’’.
Rescission of Libya’s Status as a State
Terrorism Sponsor
The August 31, 2006, final rule (71 FR
51714) implemented the rescission of
Libya’s designation as a state sponsor of
terrorism. To reflect that change, this
rule removes remaining associations
between Libya and the group of terrorist
supporting countries that were
inadvertently not removed in the
August 31, 2006, final rule. In
Supplement No. 2 to Part 742, ‘‘Libya’’
is removed from the title of ‘‘AntiTerrorism Controls: Iran, Libya, North
Korea, Syria and Sudan Contract
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Sanctity Dates and Related Policies’’.
Moreover, ‘‘Libya’’ is removed from the
introductory text to paragraph (27) of
Supplement No. 2 to Part 742, which
previously stated: ‘‘For Iran, Syria,
Sudan, North Korea, or Libya a license
is required for all such equipment
described in ECCNs 3B001 and 3B991.’’.
Surreptitious Listening Devices
In regard to the November 20, 2006,
final rule (71 FR 67034) imposing
foreign policy controls on surreptitious
communications intercepting devices,
this rule corrects the heading to the
Export Control Classification Number
(ECCN) 5A980 for surreptitious listening
devices. The heading of ECCN 5A980,
which previously read as
‘‘Communications intercepting devices;
and parts and accessories therefor.’’, is
removed and replaced with ‘‘Devices
primarily useful for the surreptitious
interception of wire, oral, or electronic
communications; and parts and
accessories therefor.’’.
Restriction of Luxury Goods to North
Korea
This rule corrects punctuation,
wording, and a mislabeled citation, as
well as specific ECCNs, with respect to
the January 26, 2007, final rule (72 FR
3722) imposing restrictions on exports
and reexports of luxury goods to North
Korea. First, in § 732.3, the phrase
‘‘Cuba, Iran, Iraq, North Korea, and
Rwanda’’ is amended in the first
sentence of the introductory text of
paragraph (i) to change the ‘‘and’’ to an
‘‘or’’. Also, the introductory text to
section 746.4(a) is corrected by adding
a parenthesis to the end of the sentence.
Moreover, the introductory text to
Supplement No. 1 to part 746 is
rephrased to clarify the wording and
correct the citation. Thus, it reads ‘‘The
following further amplifies the
illustrative list of goods set forth in
§ 746.4(b)(1):’’ rather than ‘‘The
following further amplifies the
illustrative of list luxury goods set forth
in § 746.4(c):’’.
Additionally, the January 26, 2007,
final rule on North Korea further
omitted necessary changes to exports or
reexports of machetes under ECCN
0A988 and to certain microprocessors in
ECCN 3A991. This rule corrects ECCN
0A988 by including North Korea in the
license requirement for machetes. As
such, the third sentence under
‘‘Control(s)’’, which distinguishes
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Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations
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machete controls from conventional
military steel helmet controls is deleted,
and the second sentence is revised to
read: ‘‘A license is required for
conventional military steel helmets as
described by 0A018.d.1 and for
machetes to Iraq, North Korea, and
Rwanda.’’.
For ECCN 3A991, the first of two
License Requirements Notes provided
for a No License Required designation
for certain microprocessors with a
‘‘Composite Theoretical Performance
* * * below 550 MTOPS’’ that are
exported or reexported to North Korea.
This rule corrects that oversight by
removing the first License Requirements
Note.
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.
Rulemaking Requirements
1. 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 of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This rule
involves a collection of information
subject to the requirements of the PRA.
This collection has previously been
approved by OMB under control
number 0694–0088 (Multi-Purpose
Application), which carries a burden
hour estimate of 58 minutes to prepare
and submit form BIS–748. This rule is
not expected to result in any change for
collection purposes.
3. This rule does not contain policies
with Federalism implications as that
term is defined under E.O. 13132.
4. The provisions of the
Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed
rulemaking, the opportunity for public
participation, and a delay in effective
date, are inapplicable because this
regulation involves a military and
foreign affairs function of the United
States (5 U.S.C. 553(a)(1)). Further, no
other law requires that a notice of
proposed rulemaking and an
opportunity for public comment be
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given for this final rule. Because a
notice of proposed rulemaking and an
opportunity for public comment are not
required to be given for this rule under
the Administrative Procedure Act or by
any other law, the analytical
requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are
not applicable. 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
Steven Emme, Regulatory Policy
Division, Bureau of Industry and
Security, Department of Commerce, P.O.
Box 273, Washington, DC 20044.
List of Subjects
15 CFR Part 730
Administrative practice and
procedure, Advisory committees,
Exports, Reporting and recordkeeping
requirements, Strategic and critical
materials.
15 CFR Part 732
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 742
Exports, Terrorism.
15 CFR Parts 746 and 774
Exports, Reporting and recordkeeping
requirements.
I Accordingly, parts 730, 732, 742, 746,
and 774 of the Export Administration
Regulations (15 CFR parts 730–799) are
corrected by making the following
correcting amendments:
1. The authority citation for 15 CFR
part 730 is revised 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.
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2. Supplement No. 3 to part 730 is
amended by revising the ‘‘Drugs,
Chemicals and Precursors’’ section to
read as follows:
I
Supplement No. 3 to Part 730—Other
U.S. Government Departments and
Agencies With Export Control
Responsibilities
*
*
*
*
*
Drugs, Chemicals and Precursors
Chemicals: Drug Enforcement
Administration, Office of Diversion Control,
Import-Export Unit, Tel. (202) 307–4916, Fax:
202–307–4702, Internet: https://
www.deadiversion.usdoj.gov/imp_exp/
index.html.
21 CFR Parts 1311 Through 1313
Controlled Substances: Drug Enforcement
Administration, Office of Diversion Control,
Import-Export Unit, Tel. (202) 307–7182 or
(202) 307–7181, Fax: (202) 307–7503,
Internet: https://www.deadiversion.usdoj.gov/
imp_exp/.
21 CFR Parts 1311 Through 1313
Drugs and Biologics: Food and Drug
Administration, Import/Export, Tel. (301)
594–3150, Fax: (301) 594–0165.
21 U.S.C. 301 et seq .
Investigational drugs permitted: Food and
Drug Administration, International Affairs,
Tel. (301) 443–4480, Fax: (301) 443–0235.
21 CFR 312.1106
*
*
*
*
*
PART 732—[AMENDED]
PART 730—[AMENDED]
PO 00000
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).
3. The authority citation for 15 CFR
part 732 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).
§ 732.3
[Amended]
4. Section 732.3 is amended by
revising the phrase ‘‘Cuba, Iran, Iraq,
North Korea, and Rwanda’’ in the first
sentence of the introductory text of
paragraph (i) to read ‘‘Cuba, Iran, Iraq,
North Korea, or Rwanda’’.
I
PART 742—[AMENDED]
5. The authority citation for 15 CFR
part 742 continues to read as follows:
I
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 18 U.S.C. 2510 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; Sec.
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901–911, Pub. L. 106–387; Sec. 221, Pub. L.
107–56; Sec 1503, Pub.L. 108–11,117 Stat.
559; E.O. 12058, 43 FR 20947, 3 CFR, 1978
Comp., p. 179; E.O. 12851, 58 FR 33181, 3
CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR
59099, 3 CFR, 1994 Comp., p. 950; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Presidential Determination
2003–23 of May 7, 2003, 68 FR 26459, May
16, 2003; Notice of August 3, 2006, 71 FR
44551 (August 7, 2006); Notice of October 27,
2006, 71 FR 64109 (October 31, 2006).
6. Supplement No. 2 to part 742, AntiTerrorism Controls: Iran, Libya, North
Korea, Syria and Sudan Contract
Sanctity Dates and Related Policies, is
amended:
I a. By revising the heading as set forth
below;
I b. By revising the first sentence of
paragraph (c)(27), to read as follows:
I
Supplement No. 2 to Part 742—AntiTerrorism Controls: Iran, North Korea,
Syria and Sudan Contract Sanctity
Dates and Related Policies
*
*
*
*
(27) Semiconductor manufacturing
equipment. For Iran, Syria, Sudan, or North
Korea, a license is required for all such
equipment described in ECCNs 3B001 and
3B991.
*
*
*
*
*
PART 746—[AMENDED]
7. The authority citation for 15 CFR
part 746 continues to read as follows:
I
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503,
Pub. L. 108–11,117 Stat. 559; 22 U.S.C. 6004;
Sec. 901–911, Pub. L. 106–387; Sec. 221, Pub.
L. 107–56; E.O. 12854, 58 FR 36587, 3 CFR
1993 Comp., p. 614; E.O. 12918, 59 FR 28205,
3 CFR, 1994 Comp., p. 899; E.O. 13222, 3
CFR, 2001 Comp., p. 783; Presidential
Determination 2003–23 of May 7, 2003, 68
FR 26459, May 16, 2003; Notice of August 3,
2006, 71 FR 44551 (August 7, 2006);
Presidential Determination 2007–7 of
December 7, 2006, 72 FR 1899, January 16,
2007.
§ 746.4
[Amended]
8. In paragraph (a) of § 746.4, correct
the phrase ‘‘as EAR99 (definitions in
part 772 of the EAR.’’ to read ‘‘as EAR99
(definitions in part 772 of the EAR).’’.
I 9. In Supplement No. 1 to part 746Examples of Luxury Goods, amend the
introductory text to read as follows:
I
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SECURITIES AND EXCHANGE
COMMISSION
12. The authority citation for 15 CFR
part 774 continues to read as follows:
I
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et
seq.; 22 U.S.C. 287c, 22 U.S.C. 3201 et seq.,
22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42
U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354;
46 U.S.C. app. 466c; 50 U.S.C. app. 5; Sec.
901–911, Pub. L. 106–387; Sec. 221, Pub. L.
107–56; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
3, 2006, 71 FR 44551 (August 7, 2006).
Supplement No. 1 to Part 774—The
Commerce Control List—[Amended]
13. In Supplement No. 1 to part 774,
Category 0—‘‘Nuclear Materials,
Facilities, and Equipment [and
Miscellaneous Items]’’ is amended by
revising the ‘‘License Requirements’’
section of ECCN 0A988 to read as
follows:
I
0A988 Conventional military steel helmets
as described by 0A018.d.1; and machetes.
(c) * * *
*
PART 774—[AMENDED]
Supplement No. 1 to Part 746—
Examples of Luxury Goods
License Requirements
Reason for Control: UN.
Control(s): UN applies to entire entry. A
license is required for conventional military
steel helmets as described by 0A018.d.1 and
for machetes to Iraq, North Korea, and
Rwanda. The Commerce Country Chart is not
designed to determine licensing requirements
for this entry. See part 746 of the EAR for
additional information.
*
*
*
*
*
14. In Supplement No. 1 to part 774,
Category 3—‘‘Electronics’’ is amended
by revising the ‘‘License Requirements
Notes’’ section of 3A991 to read as
follows:
I
3A991 Electronic devices and components
not controlled by 3A001.
*
*
*
*
*
License Requirements Notes: See 744.17 of
the EAR for additional license requirements
for commodities classified as 3A991.a.1.
*
*
*
*
I 15. In Supplement No. 1 to part 774
(the Commerce Control List), Category
5—Telecommunications, ECCN 5A980
is amended by revising the Heading to
read as follows:
5A980 Devices primarily useful for the
surreptitious interception of wire, oral, or
electronic communications; and parts and
accessories therefor.
*
*
*
*
*
The following further amplifies the
illustrative list of luxury goods set forth in
§ 746.4(b)(1):
*
BILLING CODE 3510–33–P
*
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*
*
17:55 Apr 23, 2007
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17 CFR Part 249
[Release No. 34–55643]
Technical Amendments to Form BD
and Form BDW
Securities and Exchange
Commission.
ACTION: Final rule; technical
amendments.
AGENCY:
SUMMARY: The Securities and Exchange
Commission (‘‘Commission’’ or ‘‘SEC’’)
is making technical amendments to
Form BD and Form BDW, the uniform
broker-dealer registration form and the
uniform request for withdrawal from
broker-dealer registration, respectively.
The technical amendments will update
the current list of self-regulatory
organizations (‘‘SROs’’) and government
jurisdictions listed on Form BD and
Form BDW, and make conforming
changes to the definition ‘‘jurisdiction’’
in the forms.
DATES: Effective Date: April 23, 2007.
FOR FURTHER INFORMATION CONTACT:
Paula Jenson, Deputy Chief Counsel, or
Haimera Workie, Branch Chief, at (202)
551–5550, Office of the Chief Counsel,
Division of Market Regulation,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549.
SUPPLEMENTARY INFORMATION: Form BD
requires an applicant or registrant to
indicate the SRO and governmental
jurisdiction with which it is registering
or registered. For a ‘‘partial
withdrawal,’’ 1 Form BDW requires the
applicant to specify the SRO and
governmental jurisdiction from which it
is withdrawing.2 The Commission is
making technical amendments to Item 2
of Form BD and Item 3 of Form BDW
to update the list of governmental
jurisdictions to include the United
States Virgin Islands, and to update the
*
Dated: April 18, 2007.
Eileen Albanese,
Director, Office of Exporter Services.
[FR Doc. E7–7730 Filed 4–23–07; 8:45 am]
*
20223
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1 A ‘‘full withdrawal’’ terminates registration with
the SEC, all SROs, and all jurisdictions. However,
a ‘‘partial withdrawal’’ terminates registration with
specific jurisdictions and SROs, but does not
terminate registration with the SEC and at least one
SRO and jurisdiction.
2 Section 15(b) of the Securities Exchange Act of
1934 (‘‘Exchange Act’’) provides that broker-dealers
can register and withdraw from registration under
procedures developed by the Commission.
Exchange Act Rule 15b1–1 requires that an
application for registration of a broker or dealer that
is filed pursuant to Section 15(b) of the Exchange
Act be filed on Form BD in accordance with the
instructions on the form. Exchange Act Rule 15b6–
1 requires that a notice of withdrawal from
registration as a broker or dealer filed pursuant to
Section 15(b) of the Exchange Act be filed on Form
BDW in accordance with the instructions on the
form.
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]]>Agencies
[Federal Register Volume 72, Number 78 (Tuesday, April 24, 2007)]
[Rules and Regulations]
[Pages 20221-20223]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7730]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules
and Regulations
[[Page 20221]]
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 730, 732, 742, 746, and 774
[Docket No. 070313058-7059-01]
RIN 0694-AE00
Revisions and Technical Correction to the Export Administration
Regulations
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Export Administration Regulations (EAR)
by making a technical correction to the contact information for the
Drug Enforcement Administration. In addition, this rule amends the EAR
by making corrections inadvertently omitted in three rules previously
published in the Federal Register: the August 31, 2006, final rule
implementing the rescission of Libya's designation as a state sponsor
of terrorism; the November 20, 2006, final rule imposing foreign policy
controls on surreptitious communications intercepting devices; and the
January 26, 2007, final rule imposing restrictions on exports and
reexports of luxury goods to the Democratic People's Republic of Korea
(North Korea).
DATES: This rule is effective April 24, 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-AE00 in all comments,
and in the subject line of e-mail 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: Steven Emme, Regulatory Policy
Division, Bureau of Industry and Security, Telephone: (202) 482-2440.
SUPPLEMENTARY INFORMATION: This rule makes corrections to the Export
Administration Regulations (EAR) as described below.
Drug Enforcement Administration Contact Information
Previously, the International Chemical Control Unit and the
International Drug Unit of the Drug Enforcement Administration (DEA)
oversaw the import and export of listed chemicals used in the
production of controlled substances. However, those units of the DEA
have merged to form the Office of Diversion Control, Import-Export
Unit. As such, the contact information for the DEA is updated in
Supplement No. 3 to part 730. This rule removes the contact information
for the International Chemical Control Unit and the International Drug
Unit of the DEA and replaces them with the contact information for the
``Drug Enforcement Administration, Office of Diversion Control, Import-
Export Unit''. Moreover, the telephone number, fax number, and the URL
for the homepage of said office of the DEA are included by inserting
``Tel. (202) 307-4916, Fax: (202) 307-4702, Internet: https://
www.deadiversion.usdoj.gov/imp_exp/'' for ``Chemicals'' and
``Tel. (202) 307-7182 or (202) 307-7181, Fax: (202) 307-7503, Internet:
https://www.deadiversion.usdoj.gov/imp_exp/.'' for
``Controlled Substances''.
Rescission of Libya's Status as a State Terrorism Sponsor
The August 31, 2006, final rule (71 FR 51714) implemented the
rescission of Libya's designation as a state sponsor of terrorism. To
reflect that change, this rule removes remaining associations between
Libya and the group of terrorist supporting countries that were
inadvertently not removed in the August 31, 2006, final rule. In
Supplement No. 2 to Part 742, ``Libya'' is removed from the title of
``Anti-Terrorism Controls: Iran, Libya, North Korea, Syria and Sudan
Contract Sanctity Dates and Related Policies''. Moreover, ``Libya'' is
removed from the introductory text to paragraph (27) of Supplement No.
2 to Part 742, which previously stated: ``For Iran, Syria, Sudan, North
Korea, or Libya a license is required for all such equipment described
in ECCNs 3B001 and 3B991.''.
Surreptitious Listening Devices
In regard to the November 20, 2006, final rule (71 FR 67034)
imposing foreign policy controls on surreptitious communications
intercepting devices, this rule corrects the heading to the Export
Control Classification Number (ECCN) 5A980 for surreptitious listening
devices. The heading of ECCN 5A980, which previously read as
``Communications intercepting devices; and parts and accessories
therefor.'', is removed and replaced with ``Devices primarily useful
for the surreptitious interception of wire, oral, or electronic
communications; and parts and accessories therefor.''.
Restriction of Luxury Goods to North Korea
This rule corrects punctuation, wording, and a mislabeled citation,
as well as specific ECCNs, with respect to the January 26, 2007, final
rule (72 FR 3722) imposing restrictions on exports and reexports of
luxury goods to North Korea. First, in Sec. 732.3, the phrase ``Cuba,
Iran, Iraq, North Korea, and Rwanda'' is amended in the first sentence
of the introductory text of paragraph (i) to change the ``and'' to an
``or''. Also, the introductory text to section 746.4(a) is corrected by
adding a parenthesis to the end of the sentence. Moreover, the
introductory text to Supplement No. 1 to part 746 is rephrased to
clarify the wording and correct the citation. Thus, it reads ``The
following further amplifies the illustrative list of goods set forth in
Sec. 746.4(b)(1):'' rather than ``The following further amplifies the
illustrative of list luxury goods set forth in Sec. 746.4(c):''.
Additionally, the January 26, 2007, final rule on North Korea
further omitted necessary changes to exports or reexports of machetes
under ECCN 0A988 and to certain microprocessors in ECCN 3A991. This
rule corrects ECCN 0A988 by including North Korea in the license
requirement for machetes. As such, the third sentence under
``Control(s)'', which distinguishes
[[Page 20222]]
machete controls from conventional military steel helmet controls is
deleted, and the second sentence is revised to read: ``A license is
required for conventional military steel helmets as described by
0A018.d.1 and for machetes to Iraq, North Korea, and Rwanda.''.
For ECCN 3A991, the first of two License Requirements Notes
provided for a No License Required designation for certain
microprocessors with a ``Composite Theoretical Performance * * * below
550 MTOPS'' that are exported or reexported to North Korea. This rule
corrects that oversight by removing the first License Requirements
Note.
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.
Rulemaking Requirements
1. 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 of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
involves a collection of information subject to the requirements of the
PRA. This collection has previously been approved by OMB under control
number 0694-0088 (Multi-Purpose Application), which carries a burden
hour estimate of 58 minutes to prepare and submit form BIS-748. This
rule is not expected to result in any change for collection purposes.
3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). Further, no other
law requires that a notice of proposed rulemaking and an opportunity
for public comment be given for this final rule. Because a notice of
proposed rulemaking and an opportunity for public comment are not
required to be given for this rule under the Administrative Procedure
Act or by any other law, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. 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 Steven Emme,
Regulatory Policy Division, Bureau of Industry and Security, Department
of Commerce, P.O. Box 273, Washington, DC 20044.
List of Subjects
15 CFR Part 730
Administrative practice and procedure, Advisory committees,
Exports, Reporting and recordkeeping requirements, Strategic and
critical materials.
15 CFR Part 732
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 742
Exports, Terrorism.
15 CFR Parts 746 and 774
Exports, Reporting and recordkeeping requirements.
0
Accordingly, parts 730, 732, 742, 746, and 774 of the Export
Administration Regulations (15 CFR parts 730-799) are corrected by
making the following correcting amendments:
PART 730--[AMENDED]
0
1. The authority citation for 15 CFR part 730 is revised 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
2. Supplement No. 3 to part 730 is amended by revising the ``Drugs,
Chemicals and Precursors'' section to read as follows:
Supplement No. 3 to Part 730--Other U.S. Government Departments and
Agencies With Export Control Responsibilities
* * * * *
Drugs, Chemicals and Precursors
Chemicals: Drug Enforcement Administration, Office of Diversion
Control, Import-Export Unit, Tel. (202) 307-4916, Fax: 202-307-4702,
Internet: https://www.deadiversion.usdoj.gov/imp_exp/.
21 CFR Parts 1311 Through 1313
Controlled Substances: Drug Enforcement Administration, Office
of Diversion Control, Import-Export Unit, Tel. (202) 307-7182 or
(202) 307-7181, Fax: (202) 307-7503, Internet: https://
www.deadiversion.usdoj.gov/imp_exp/.
21 CFR Parts 1311 Through 1313
Drugs and Biologics: Food and Drug Administration, Import/
Export, Tel. (301) 594-3150, Fax: (301) 594-0165.
21 U.S.C. 301 et seq .
Investigational drugs permitted: Food and Drug Administration,
International Affairs, Tel. (301) 443-4480, Fax: (301) 443-0235.
21 CFR 312.1106
* * * * *
PART 732--[AMENDED]
0
3. The authority citation for 15 CFR part 732 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).
Sec. 732.3 [Amended]
0
4. Section 732.3 is amended by revising the phrase ``Cuba, Iran, Iraq,
North Korea, and Rwanda'' in the first sentence of the introductory
text of paragraph (i) to read ``Cuba, Iran, Iraq, North Korea, or
Rwanda''.
PART 742--[AMENDED]
0
5. The authority citation for 15 CFR part 742 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
18 U.S.C. 2510 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a;
Sec.
[[Page 20223]]
901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; Sec 1503, Pub.L.
108-11,117 Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p.
179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938,
59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; Presidential Determination 2003-23 of May 7, 2003, 68 FR
26459, May 16, 2003; Notice of August 3, 2006, 71 FR 44551 (August
7, 2006); Notice of October 27, 2006, 71 FR 64109 (October 31,
2006).
0
6. Supplement No. 2 to part 742, Anti-Terrorism Controls: Iran, Libya,
North Korea, Syria and Sudan Contract Sanctity Dates and Related
Policies, is amended:
0
a. By revising the heading as set forth below;
0
b. By revising the first sentence of paragraph (c)(27), to read as
follows:
Supplement No. 2 to Part 742--Anti-Terrorism Controls: Iran, North
Korea, Syria and Sudan Contract Sanctity Dates and Related Policies
(c) * * *
* * * * *
(27) Semiconductor manufacturing equipment. For Iran, Syria,
Sudan, or North Korea, a license is required for all such equipment
described in ECCNs 3B001 and 3B991.
* * * * *
PART 746--[AMENDED]
0
7. The authority citation for 15 CFR part 746 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 287c; Sec 1503, Pub. L. 108-11,117 Stat. 559; 22 U.S.C.
6004; Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O.
12854, 58 FR 36587, 3 CFR 1993 Comp., p. 614; E.O. 12918, 59 FR
28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222, 3 CFR, 2001 Comp., p.
783; Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459,
May 16, 2003; Notice of August 3, 2006, 71 FR 44551 (August 7,
2006); Presidential Determination 2007-7 of December 7, 2006, 72 FR
1899, January 16, 2007.
Sec. 746.4 [Amended]
0
8. In paragraph (a) of Sec. 746.4, correct the phrase ``as EAR99
(definitions in part 772 of the EAR.'' to read ``as EAR99 (definitions
in part 772 of the EAR).''.
0
9. In Supplement No. 1 to part 746-Examples of Luxury Goods, amend the
introductory text to read as follows:
Supplement No. 1 to Part 746--Examples of Luxury Goods
The following further amplifies the illustrative list of luxury
goods set forth in Sec. 746.4(b)(1):
* * * * *
PART 774--[AMENDED]
0
12. The authority citation for 15 CFR part 774 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et
seq.; 22 U.S.C. 287c, 22 U.S.C. 3201 et seq., 22 U.S.C. 6004; 30
U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C.
1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; Sec. 901-911, Pub. L.
106-387; Sec. 221, Pub. L. 107-56; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006).
Supplement No. 1 to Part 774--The Commerce Control List--[Amended]
0
13. In Supplement No. 1 to part 774, Category 0--``Nuclear Materials,
Facilities, and Equipment [and Miscellaneous Items]'' is amended by
revising the ``License Requirements'' section of ECCN 0A988 to read as
follows:
0A988 Conventional military steel helmets as described by 0A018.d.1;
and machetes.
License Requirements
Reason for Control: UN.
Control(s): UN applies to entire entry. A license is required
for conventional military steel helmets as described by 0A018.d.1
and for machetes to Iraq, North Korea, and Rwanda. The Commerce
Country Chart is not designed to determine licensing requirements
for this entry. See part 746 of the EAR for additional information.
* * * * *
0
14. In Supplement No. 1 to part 774, Category 3--``Electronics'' is
amended by revising the ``License Requirements Notes'' section of 3A991
to read as follows:
3A991 Electronic devices and components not controlled by 3A001.
* * * * *
License Requirements Notes: See 744.17 of the EAR for additional
license requirements for commodities classified as 3A991.a.1.
* * * * *
0
15. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Telecommunications, ECCN 5A980 is amended by revising the
Heading to read as follows:
5A980 Devices primarily useful for the surreptitious interception of
wire, oral, or electronic communications; and parts and accessories
therefor.
* * * * *
Dated: April 18, 2007.
Eileen Albanese,
Director, Office of Exporter Services.
[FR Doc. E7-7730 Filed 4-23-07; 8:45 am]
BILLING CODE 3510-33-P
