Conforming Changes to Certain End-User/End-Use Based Controls in the EAR; Clarification of the Term “Transfer” and Related Terms as Used in the EAR; Correction, 74348-74349 [E8-29012]

Download as PDF 74348 Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Rules and Regulations information and recommendation submitted by the Committee and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. It is further found that good cause exists for not postponing the effective date of this rule until 30 days after publication in the Federal Register (5 U.S.C. 553) because handlers are already being billed for assessments and this rule will allow an additional 30 days to remit assessment payments. Further, handlers are aware of this rule, which was recommended at a public meeting. Also, a 15-day comment period was provided for in the proposed rule. List of Subjects in 7 CFR Part 946 Marketing agreements, Potatoes, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 946 is amended as follows: ■ PART 946—IRISH POTATOES GROWN IN WASHINGTON 1. The authority citation for 7 CFR part 946 continues to read as follows: ■ Authority: 7 U.S.C. 601–674. 2. Section 946.141 is revised to read as follows: ■ § 946.141 charge. Late payment and interest yshivers on PROD1PC62 with RULES The Committee shall impose an interest charge on any handler who fails to pay his or her assessment within sixty (60) days of the billing date shown on the handler’s assessment statement received from the Committee. The interest charge shall, after 60 days, be one percent of the unpaid assessment balance. In the event the handler fails to pay the delinquent assessment, the one percent interest charge shall be applied monthly thereafter to the unpaid balance, including any accumulated unpaid interest. Any amount paid by a handler as an assessment, including any charges imposed pursuant to this paragraph, shall be credited when the payment is received in the Committee office. Dated: December 3, 2008. James E. Link, Administrator, Agricultural Marketing Service. [FR Doc. E8–29045 Filed 12–5–08; 8:45 am] BILLING CODE 3410–02–P VerDate Aug<31>2005 15:04 Dec 05, 2008 Jkt 217001 DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 760 [Docket No. 080220216–81424–03] RIN 0694–AD59 Conforming Changes to Certain EndUser/End-Use Based Controls in the EAR; Clarification of the Term ‘‘Transfer’’ and Related Terms as Used in the EAR; Correction AGENCY: Bureau of Industry and Security, Commerce. ACTION: Correcting amendment. SUMMARY: The Bureau of Industry and Security (BIS) published a final rule in the Federal Register on Tuesday, November 18, 2008 (73 FR 68321) that amended the Export Administration Regulations (EAR) to, among other things, clarify that the terms ‘‘transferred’’ and ‘‘transfer’’, in the context of two sections of the EAR, meant ‘‘assigned to’’ and ‘‘assignment’’, respectively. That final rule contained one inadvertent error in the amendatory instruction used for revising one of those two sections. This error in the amendatory instruction led to one sentence of the revised regulatory text to not be revised as was intended in the regulatory text of that final rule. This document corrects that amendatory instruction error by revising that one sentence from that section. DATES: Effective Date: This rule is effective: December 8, 2008. ADDRESSES: Written comments on this rule may be sent to the Federal Register eRulemaking Portal: http:// www.regulations.gov, or by e-mail to publiccomments@bis.doc.gov. Include RIN 0694–AD59 in the subject line of the message. Comments may be submitted by mail or hand delivery to Timothy Mooney, Office of Exporter Services, Regulatory Policy Division, Bureau of Industry and Security, U.S. Department of Commerce, 14th St. & Pennsylvania Avenue, NW., Room H2705, Washington, DC 20230, ATTN: RIN 0694–AD59; or by fax to (202) 482– 3355. Send comments regarding the collection of information to Jasmeet Seehra, Office of Management and Budget (OMB), by e-mail to jseehra@omb.eop.gov, or by fax to (202) 395–7285; and to the Regulatory Policy Division, Bureau of Industry and Security, U.S. Department of Commerce, 14th St. & Pennsylvania Avenue, NW., Room H2705, Washington, DC 20230. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 FOR FURTHER INFORMATION CONTACT: Timothy Mooney, Office of Exporter Services, Bureau of Industry and Security, U.S. Department of Commerce; by telephone: (202) 482–2440; or by fax: 202–482–3355. SUPPLEMENTARY INFORMATION: Background On November 18, 2008, the final rule, Conforming Changes to Certain EndUser/End-Use Based Controls in the EAR; Clarification of the Term ‘‘Transfer’’ and Related Terms as Used in the EAR was published in the Federal Register (73 FR 68321). The amendments in that rule included a revision to paragraph (b)(4)(viii) in Section 760.1 (Definitions). The November 18 rule intended to revise the first three sentences of paragraph (b)(4)(viii), but because of an inadvertent error in the amendatory instruction the third sentence of that paragraph was not revised as was intended in the regulatory text of that final rule. This rule corrects that amendatory instruction error by revising the third sentence of paragraph (b)(4)(viii). Savings Clause Shipments of items removed from eligibility for a License Exception or export or reexport without a license (NLR) as a result of this regulatory action that were on dock for loading, on lighter, laden aboard an exporting or reexporting carrier, or en route aboard a carrier to a port of export or reexport, on November 18, 2008, pursuant to actual orders for export or reexport to a foreign destination, may proceed to that destination under the previous eligibility for a License Exception or export or reexport without a license (NLR) so long as they are exported or reexported before December 30, 2008. Any such items not actually exported or reexported before midnight, on December 30, 2008, require a license in accordance with this rule. 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 July 23, 2008, 73 FR 43603 (July 25, 2008), 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 E:\FR\FM\08DER1.SGM 08DER1 Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Rules and Regulations 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 final rule involves 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, ‘‘MultiPurpose Application,’’ which carries a burden hour estimate of 58 minutes for a manual or electronic submission. This final rule is expected to have a minimal increase on the total number of license applications submitted to BIS. Send comments regarding these burden estimates or any other aspect of these collections of information, including suggestions for reducing the burden, to Jasmeet Seehra, Office of Management and Budget (OMB), and to the Regulatory Policy Division, Bureau of Industry and Security as indicated in the ADDRESSES section of this rule. 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 the formal comment period closed on June 17, 2008, public comments on this regulation are welcome on a continuing basis. Comments should be submitted to one of the addresses listed in the ADDRESSES section of the preamble of this final rule. yshivers on PROD1PC62 with RULES List of Subjects in 15 CFR Part 760 Boycotts, Exports, Reporting and recordkeeping requirements. Accordingly, part 760 of the Export Administration Regulations (15 CFR ■ VerDate Aug<31>2005 15:04 Dec 05, 2008 Jkt 217001 parts 730–774) is corrected by making the following correcting amendment: PART 760—[CORRECTED] 1. The authority citation for 15 CFR part 760 continues 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 July 23, 2008, 73 FR 43603 (July 25, 2008). 2. Section 760.1 is amended by revising the third sentence of paragraph (b)(4)(viii) to read as follows: ■ § 760.1 Definitions. * * * * * (b) * * * (4) * * * (viii) * * * A, a U.S. national who will reside in Y, has agreed to the assignment provided he is able to retain his insurance, pension, and other benefits. * * * * * * * * Dated: December 3, 2008. Bernard Kritzer, Director, Office of Exporter Services. [FR Doc. E8–29012 Filed 12–5–08; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 101 [Docket No. FDA–2000–N–0011] (formerly Docket No. 2000N–1596) Uniform Compliance Date for Food Labeling Regulations AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration (FDA) is establishing January 2, 2012, as the uniform compliance date for food labeling regulations that are issued between January 1, 2009, and December 31, 2010. (January 1, 2012, falls on a Sunday; therefore, the uniform compliance date will be January 2, 2012). FDA periodically announces uniform compliance dates for new food labeling requirements to minimize the economic impact of label changes. On December 21, 2006, FDA established January 1, 2010, as the uniform compliance date for food labeling regulations issued between January 1, 2007, and December 31, 2008. DATES: This rule is effective December 8, 2008. Submit written or electronic comments by February 23, 2009. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 74349 ADDRESSES: You may submit comments, identified by Docket No. FDA–2000–N– 0011, formerly Docket No. 2000N–1596, by any of the following methods: Electronic Submissions Submit electronic comments in the following way: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. Written Submissions Submit written submissions in the following ways: • FAX: 301–827–6870. • Mail/Hand delivery/Courier [For paper, disk, or CD–ROM submissions]: Division of Dockets Management (HFA– 305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. To ensure more timely processing of comments, FDA is no longer accepting comments submitted to the agency by email. FDA encourages you to continue to submit electronic comments by using the Federal eRulemaking Portal, as described previously, in the ADDRESSES portion of this document under Electronic Submissions. Instructions: All submissions received must include the agency name and docket number for this rulemaking. All comments received may be posted without change to http:// www.regulations.gov, including any personal information provided. For additional information on submitting comments, see the ‘‘Comments’’ paragraphs of the SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to read background documents or comments received, go to http:// www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the ‘‘Search’’ box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. FOR FURTHER INFORMATION CONTACT: Louis B. Brock, Center for Food Safety and Applied Nutrition (HFS–24), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 301–436–2378. SUPPLEMENTARY INFORMATION: FDA periodically issues regulations requiring changes in the labeling of food. If the effective dates of these labeling changes were not coordinated, the cumulative economic impact on the food industry of having to respond separately to each change would be substantial. Therefore, the agency periodically has announced uniform compliance dates for new food labeling requirements (see, e.g., the Federal Registers of October 19, 1984 E:\FR\FM\08DER1.SGM 08DER1

Agencies

[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Rules and Regulations]
[Pages 74348-74349]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29012]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 760

[Docket No. 080220216-81424-03]
RIN 0694-AD59


Conforming Changes to Certain End-User/End-Use Based Controls in 
the EAR; Clarification of the Term ``Transfer'' and Related Terms as 
Used in the EAR; Correction

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Correcting amendment.

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

SUMMARY: The Bureau of Industry and Security (BIS) published a final 
rule in the Federal Register on Tuesday, November 18, 2008 (73 FR 
68321) that amended the Export Administration Regulations (EAR) to, 
among other things, clarify that the terms ``transferred'' and 
``transfer'', in the context of two sections of the EAR, meant 
``assigned to'' and ``assignment'', respectively. That final rule 
contained one inadvertent error in the amendatory instruction used for 
revising one of those two sections. This error in the amendatory 
instruction led to one sentence of the revised regulatory text to not 
be revised as was intended in the regulatory text of that final rule. 
This document corrects that amendatory instruction error by revising 
that one sentence from that section.

DATES: Effective Date: This rule is effective: December 8, 2008.

ADDRESSES: Written comments on this rule may be sent to the Federal 
Register eRulemaking Portal: http://www.regulations.gov, or by e-mail 
to publiccomments@bis.doc.gov. Include RIN 0694-AD59 in the subject 
line of the message. Comments may be submitted by mail or hand delivery 
to Timothy Mooney, Office of Exporter Services, Regulatory Policy 
Division, Bureau of Industry and Security, U.S. Department of Commerce, 
14th St. & Pennsylvania Avenue, NW., Room H2705, Washington, DC 20230, 
ATTN: RIN 0694-AD59; or by fax to (202) 482-3355.
    Send comments regarding the collection of information to Jasmeet 
Seehra, Office of Management and Budget (OMB), by e-mail to 
jseehra@omb.eop.gov, or by fax to (202) 395-7285; and to the Regulatory 
Policy Division, Bureau of Industry and Security, U.S. Department of 
Commerce, 14th St. & Pennsylvania Avenue, NW., Room H2705, Washington, 
DC 20230.

FOR FURTHER INFORMATION CONTACT: Timothy Mooney, Office of Exporter 
Services, Bureau of Industry and Security, U.S. Department of Commerce; 
by telephone: (202) 482-2440; or by fax: 202-482-3355.

SUPPLEMENTARY INFORMATION:

Background

    On November 18, 2008, the final rule, Conforming Changes to Certain 
End-User/End-Use Based Controls in the EAR; Clarification of the Term 
``Transfer'' and Related Terms as Used in the EAR was published in the 
Federal Register (73 FR 68321). The amendments in that rule included a 
revision to paragraph (b)(4)(viii) in Section 760.1 (Definitions). The 
November 18 rule intended to revise the first three sentences of 
paragraph (b)(4)(viii), but because of an inadvertent error in the 
amendatory instruction the third sentence of that paragraph was not 
revised as was intended in the regulatory text of that final rule. This 
rule corrects that amendatory instruction error by revising the third 
sentence of paragraph (b)(4)(viii).

Savings Clause

    Shipments of items removed from eligibility for a License Exception 
or export or reexport without a license (NLR) as a result of this 
regulatory action that were on dock for loading, on lighter, laden 
aboard an exporting or reexporting carrier, or en route aboard a 
carrier to a port of export or reexport, on November 18, 2008, pursuant 
to actual orders for export or reexport to a foreign destination, may 
proceed to that destination under the previous eligibility for a 
License Exception or export or reexport without a license (NLR) so long 
as they are exported or reexported before December 30, 2008. Any such 
items not actually exported or reexported before midnight, on December 
30, 2008, require a license in accordance with this rule.
    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 July 23, 2008, 
73 FR 43603 (July 25, 2008), 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

[[Page 74349]]

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 final rule involves 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. This final rule is expected to have a minimal increase on 
the total number of license applications submitted to BIS. Send 
comments regarding these burden estimates or any other aspect of these 
collections of information, including suggestions for reducing the 
burden, to Jasmeet Seehra, Office of Management and Budget (OMB), and 
to the Regulatory Policy Division, Bureau of Industry and Security as 
indicated in the ADDRESSES section of this rule.
    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 the formal comment 
period closed on June 17, 2008, public comments on this regulation are 
welcome on a continuing basis. Comments should be submitted to one of 
the addresses listed in the ADDRESSES section of the preamble of this 
final rule.

List of Subjects in 15 CFR Part 760

    Boycotts, Exports, Reporting and recordkeeping requirements.


0
Accordingly, part 760 of the Export Administration Regulations (15 CFR 
parts 730-774) is corrected by making the following correcting 
amendment:

PART 760--[CORRECTED]

0
1. The authority citation for 15 CFR part 760 continues 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 July 
23, 2008, 73 FR 43603 (July 25, 2008).


0
2. Section 760.1 is amended by revising the third sentence of paragraph 
(b)(4)(viii) to read as follows:


Sec.  760.1  Definitions.

* * * * *
    (b) * * *
    (4) * * *
    (viii) * * * A, a U.S. national who will reside in Y, has agreed to 
the assignment provided he is able to retain his insurance, pension, 
and other benefits. * * *
* * * * *

    Dated: December 3, 2008.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. E8-29012 Filed 12-5-08; 8:45 am]
BILLING CODE 3510-33-P