Export Administration Regulations: Authority Citations Updates and Technical Corrections, 75942-75946 [E8-29604]
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Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Rules and Regulations
national government and the States, or
on the distribution of power and
responsibilities among various levels of
government. Therefore, it is determined
that this direct final rule does not have
federalism implications under Executive
Order 13132.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore, (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
Regulatory Evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority.
This rulemaking is promulgated
under the authority described in
Subtitle VII, Part, A, Subpart I, Section
40103. Under that section, the FAA is
charged with prescribing regulations to
assign the use of airspace necessary to
ensure the safety of aircraft and the
efficient use of airspace. This regulation
is within the scope of that authority as
it establishes Class E airspace at
Russellville, AL.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (Air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR Part 71 as follows:
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PART 71—DESIGNATION OF CLASS A,
CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS;
AIRWAYS; ROUTES; AND REPORTING
POINTS
1. The authority citation for Part 71
continues to read as follows:
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Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
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§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9S, Airspace
Designations and Reporting Points,
signed October 3, 2008, effective
October 31, 2008, is amended as
follows:
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Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
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provide accurate authority citations for
the Code of Federal Regulations edition
that is to be compiled as of January 1,
2009.
DATES: This rule is effective December
15, 2008.
FOR FURTHER INFORMATION CONTACT:
William H. Arvin, Regulatory Policy
Division, e-mail warvin@bis.doc.gov,
telephone 202–482–2440.
SUPPLEMENTARY INFORMATION:
ASO AL E5 Russellville, AL [NEW]
Russellville Municipal Airport, AL
(Lat. 34°26′42″ N., long. 87°42′42″ W.)
That airspace extending upward from 700
feet above the surface of the Earth within a
6.5-mile radius of the Russellville Municipal
Airport.
Background
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Authority Citation Updates
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Issued in College Park, Georgia, on
November 20, 2008.
Signed By:
Barry A. Knight,
Acting Manager, Operations Support Group,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. E8–29243 Filed 12–12–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 730, 734, 736, 740, 742,
743, 745, 747, 754, 758, 764, 766, 768,
772, and 774
[Docket No. 0811171457–81460–01]
RIN 0694–AE49
Export Administration Regulations:
Authority Citations Updates and
Technical Corrections
AGENCY: Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
SUMMARY: This rule revises the authority
citation paragraphs for 14 parts of the
Export Administration Regulations to
include citations to the most recent
presidential notices that extend
authority for those parts or to remove an
outdated citation or both. This rule also
updates addresses, telephone numbers,
procedures and a definition, removes
some potentially confusing language,
makes a necessary conforming change to
one Export Control Classification
Number (ECCN) and restores some
language that was dropped during a
Code of Federal Regulations
compilation. BIS is making these
changes to clarify the regulations and to
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This rule updates authority citation
paragraphs and makes technical
clarifications and revisions to the Export
Administration Regulations as more
fully described below.
Since 2001, the authority citations for
all parts of the Export Administration
Regulations except part 745 have
changed annually as successive
presidential notices have extended the
emergency declared in Executive Order
13222 of August 17, 2001 (which
continued the Export Administration
Act (EAA) and the EAR in force upon
expiration of the EAA). Most recently
the notice of July 23, 2008 (73 FR 43603,
July 25, 2008) extended this emergency
until August 17, 2009. In addition, the
authority citations for parts 730, 734,
736, 742, 744 and 745 of the EAR have
changed annually as successive
presidential notices have extended the
emergency declared in Executive Order
12938—Proliferation of Weapons of
Mass Destruction. Most recently the
notice of November 10, 2008 (73 FR
67097, November 12, 2008) extended
this emergency until November 14,
2009. This rule updates the authority
citations paragraphs for parts 730, 734,
736, 742, 743, 745, 747, 754, 758, 764,
766, and 768 of the EAR to reflect the
most recent applicable authority
citations because authority citation
paragraphs for those parts have not been
updated by other EAR amendments.
This rule also revises the authority
citation paragraph for parts 740, 754 and
772 to remove one outdated citation.
These revisions are needed so that the
annual compilation of Title 15 of the
Code of Federal Regulations as of
January 1, 2009 will reflect current
authority citations for all EAR parts.
Updated Address and Telephone
Information
This rule updates the BIS office
address and telephone number
information in § 730.8(c).
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Updated Display of Approved
Information Collections
Supplement No. 1 to part 730 of the
EAR contains a table displaying the
control numbers, the titles and the
references in the EAR of information
collections contained in the EAR that
have been approved by the Office of
Management and Budget (OMB). This
rule revises the title of the information
collection identified by control number
0607–0152 to read ‘‘Automated Export
System (AES) Program’’ to reflect the
name change for that collection that
OMB approved on November 5, 2008.
Updated Address and Procedure for
Requests To Appoint a Technical
Advisory Committee
Supplement No. 2 to part 730 sets
forth certain provisions regarding BIS’s
technical advisory committees. This
rule adds the title ‘‘Assistant Secretary
for Export Administration’’ to the
address to which requests to appoint a
new technical advisory committee
should be sent and removes the
statement that such requests be sent via
courier. These changes reflect BIS’s
actual practice regarding requests to
appoint technical advisory committees.
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Removal of Potentially Confusing
Language Regarding De Minimis
Content of Foreign Made Items
The Export Administration
Regulations do not apply to most items
that were produced and are located
outside the United States and that
contain no more than the ‘‘de minimis’’
level of U.S. origin content as set forth
in § 734.4. As noted in § 732.2(d), this
de minimis exclusion applies only to
items that are not located in the United
States. This rule removes § 734.3(b)(4),
which could have been read as applying
the de minimis exclusion to items in the
United States. Section 734.3(b)(4) is also
redundant to § 734.3(a)(3)(ii), indicating
that the Regulations do apply to items
that contain U.S. origin commodities,
software or technology in quantities
exceeding the de minimis levels.
Clarification of Procedure for Requests
To Take an Action That Would
Otherwise Be Prohibited by a Denial
Order
Section 764.3(a)(2), among other
things, describes the procedure for
requesting authorization to take an
action that would otherwise be
prohibited by an order denying export
privileges. Requests for such
authorizations must be submitted to the
Office of Exporter Services. This rule
adds the main mailing address for that
office and replaces the word
‘‘application’’ with the phrase ‘‘written
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request’’ to emphasize the distinction
between such requests and license
applications.
Updated Definition of Export
Administration Review Board
Section 772.1 contains definitions of
terms that are used in the EAR. Prior to
publication of this rule, one such
definition ‘‘Export Administration
Review Board,’’ described that board in
terms of its duties and members.
However, the duties and membership of
that board can change from time-totime. This rule revises the definition to
identify the Export Administration
Review Board unambiguously in terms
of the Executive Order that created it
and the Executive Order that gives it a
role in export licensing decisions. BIS
has no power to alter the membership
of this board as set by Executive Order.
Technical and Conforming Change to
ECCN 1C202
On January 15, 1998, the heading of
Export Control Classification Number
1C202 was revised to read in pertinent
part ‘‘Alloys other than those controlled
by 1C002.a.2.c or [1C002.a.2].d * * *.’’
(63 FR 2475, January 15, 1998).
Subsequently, ECCN 1C002 was revised
to move the items controlled under
paragraphs .a.2.c and .a.2.d to
paragraphs .b.3 and .b.4, respectively
(67 FR 462, January 3, 2002). However,
the language in the heading of ECCN
1C202 (referencing the now revised
ECCN 1C002) was not changed. This
rule revises the pertinent language in
the heading of ECCN 1C202 to read
‘‘Alloys other than those controlled by
1C002.b.3 or 1C002.b.4 * * *.’’ thereby
reflecting the intent of exclusionary
language in the heading of ECCN 1C202
as originally adopted.
Correcting Header Language in Category
5, Part II of the Commerce Control List
The Commerce Control List contains
headers at points in the text that
identify the ten categories into which
the CCL is divided and the five product
groups that can appear within each
category. Prior to publication of this
rule, certain headers in Category 5, Part
II did not follow the pattern for such
headers that is used in the rest of the
CCL. This rule makes editorial changes
to conform to that pattern. Specifically,
this rule: Adds the letter ‘‘A’’ to the
header that identifies product group A—
Systems, Equipment and Components;
removes a misplaced (and duplicative)
header for Category 5, Part 2; adds a
previously omitted header for Category
5, Part II, Product Group B—Test,
Inspection and Production Equipment;
and adds the letter ‘‘E’’ to the header
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75943
that identifies product group E—
Technology.
Restoring an ECCN Removed in Code of
Federal Regulations Compilation
Export Control Classification Number
(ECCN) 5B991 was created in 1998 (63
FR 2521, January 15, 1998). In 1999, BIS
published two rules that revised
Category 5 on the Commerce Control
List.
The first such rule revised ECCNs
5A991, 5D001 and 5E001 but made no
changes to 5B991 (64 FR 10861, March
5, 1999). The second such rule revised
ECCNs 5A001, 5A991, 5B001, 5C001,
and 5C991 but made no changes to
ECCN 5B991 (64 FR 40106, July 23,
1999). BIS issued no other Federal
Register notice changing Category 5,
Part I of the Commerce Control List
during calendar year 1999.
Nevertheless, ECCN 5B991, which had
been in the January 1, 1999 CFR
compilation was not in the January 1,
2000 compilation (Compare 15 CFR Part
774, Supp. No. 1 (1999) to 15 CFR Part
774 (Supp. No. 1 (2000)). This rule
restores ECCN 5B991, which appears to
have been inadvertently omitted from
the January 1, 2000 CFR compilation
and has not appeared in the CFR since.
This rule also replaces the phrase LVS:
‘‘$1,000 for Syria; N/A to Iran’’ in the
License Exception of ECCN 5B991 with
‘‘LVS: N/A’’ because any authorization
to use License Exception LVS for
shipments to Syria is precluded by BIS’s
General Order No. 2 of May 14, 2004 (15
CFR Part 736, Supp. No. 1) and the
reference to Iran is merely a specific
instance of the general principle set
forth in § 740.3(a) of the EAR that
License Exception LVS may be used
only when identified by a stated value
limit in the applicable ECCN. With the
removal the value limit for Syria, there
is no longer any stated value limit in
ECCN 5B991 that would apply to any
destination. Therefore, continued
reference to Iran would be superfluous.
Rulemaking Requirements
1. This rule is not a significant rule for
purposes of Executive Order 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 involves a
collection of information that has been
approved by the OMB under control
number 0694–0088, which carries a
burden hour estimate of 58 minutes to
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Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Rules and Regulations
prepare and submit form BIS–748.
Miscellaneous and recordkeeping
activities account for 12 minutes per
submission. BIS believes that this rule
will make no change to the number of
submissions or to the burden imposed
by this collection.
3. This rule does not contain policies
with Federalism implications as that
term is defined in Executive Order
13132.
4. For all provisions of this rule other
than the revision it makes to ECCN
1C202, BIS finds that there is good
cause under 5 U.S.C. 553(b)(3)(B) to
waive the provisions of the
Administrative Procedure Act requiring
prior notice and the opportunity for
public comment because they are
unnecessary given that these revisions
are not substantive changes to the EAR.
These revisions are administrative in
nature and do not affect the rights and
obligations of the public. In addition,
the 30-day delay in effectiveness
required by 5 U.S.C. 553(d) is not
applicable because this rule is not a
substantive rule. With respect to the
revision that this rule makes to ECCN
1C202, the provisions of the
Administrative Procedure Act requiring
notice of proposed rulemaking, the
opportunity for public participation,
and a delay in effective date, are
inapplicable because this regulation
involves a military or foreign affairs
function of the United States under 5
U.S.C. 553(a)(1). No other law requires
that notice of proposed rulemaking and
an opportunity for public comment be
given for this rule; therefore, the
analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are not applicable.
15 CFR Parts 740, 747, and 758
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 742
Exports, Terrorism.
15 CFR Part 743
Administrative practice and
procedure, Reporting and recordkeeping
requirements.
15 CFR Part 745
Administrative practice and
procedure, Chemicals, Exports, Foreign
trade, Reporting and recordkeeping
requirements.
15 CFR Part 754
Agricultural commodities, Exports,
Forests and forest products, Horses,
Petroleum, Reporting and recordkeeping
requirements.
15 CFR Part 764
Administrative practice and
procedure, Exports, Law enforcement,
Penalties.
15 CFR Part 766
Administrative practice and
procedure, Confidential business
information, Exports, Law enforcement,
Penalties.
15 CFR Part 768
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements, Science
and technology.
15 CFR Part 774
List of Subjects
15 CFR Part 730
Administrative practice and
procedure, Advisory committees,
Exports, Reporting and recordkeeping
requirements, Strategic and critical
materials.
Exports, Reporting and recordkeeping
requirements.
■ Accordingly, the Export
Administration Regulations (15 CFR
parts 730–774) are amended as follows.
PART 730—[AMENDED]
15 CFR Part 734
Administrative practice and
procedure, Exports, Inventions and
patents, Research, Science and
technology.
15 CFR Parts 736, 770 and 772
Exports.
1. The authority citation for part 730
is revised to read as follows:
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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;
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; 22 U.S.C. 7201 et seq.;
22 U.S.C. 7210; 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 July 23, 2008, 73 FR 43603 (July 25,
2008); Notice of November 10, 2008, 73 FR
67097 (November 12, 2008).
2. In § 730.8(c), revise the second
sentence to read as follows:
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§ 730.8
help.
How to proceed and where to get
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(c) * * * General information
including assistance in understanding
the EAR, information on how to obtain
forms, electronic services, publications,
and information on training programs
offered by BIS, is available from the
Office of Export Services at the
following locations: Outreach and
Educational Services Division, U.S.
Department of Commerce, 14th and
Pennsylvania Avenue, NW., Room
H1099D, Washington, DC 20230, Tel:
(202) 482–4811, Fax: (202) 482–2927,
and Bureau of Industry and Security,
Western Regional Office, U.S.
Department of Commerce, 3300 Irvine
Avenue, Suite 345, Newport Beach, CA
92660, Tel: (949) 660–0144, Fax: (949)
660–9347, and Bureau of Industry and
Security, Western Regional Office,
Northern California Branch, U.S.
Department of Commerce, 160 W. Santa
Clara Street, Suite 725, San Jose, CA
95113, Tel: (408) 998–8806, Fax: (408)
998–8677.
3. In part 730, Supplement No. 1,
revise the final entry in the table to read
as follows:
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Supplement No. 1 to Part 730—Information
Collection Requirements Under the
Paperwork Reduction Act: OMB Control
Numbers
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Collection No.
Title
Reference in the EAR
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0607–0152 .................................
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Automated Export System (AES) Program ..................
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§§ 740.1(d),
740.3(a)(3),
752.7(b),
752.15(a),
754.2(h), 754.4(c), 758.1, 758.2 and 758.3 of the
EAR.
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4. In Supplement No. 2 to part 730—
Technical Advisory Committees revise
the first sentence of paragraph (b)(1) to
read as follows:
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Supplement No. 2 to Part 730—Technical
Advisory Committees
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(b) * * *
(1) * * * Each request for the appointment
of a TAC shall be submitted in writing to:
Assistant Secretary for Export
Administration, 14th Street and
Pennsylvania Ave., NW., Room 2705,
Washington, DC 20230. * * *
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PART 734—[AMENDED]
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 July 23, 2008, 73 FR
43603 (July 25, 2008); Notice of November
10, 2008, 73 FR 67097 (November 12, 2008).
§ 734.4
[Amended]
6. In § 734.4, remove paragraph (b)(4).
PART 736—[AMENDED]
7. The authority citation for part 736
is revised to read as follows:
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Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 2151 note; 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; E.O.
13338, 69 FR 26751, May 13, 2004; Notice of
July 23, 2008, 73 FR 43603 (July 25, 2008);
Notice of November 10, 2008, 73 FR 67097
(November 12, 2008).
PART 740—[AMENDED]
8. The authority citation for part 740
is revised to read as follows:
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PART 742—[AMENDED]
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Authority: 50 U.S.C. app. 2401 et seq.; Pub.
L. 106–508; 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).
new sentence following the sixth
sentence to read as follows:
§ 764.3
Sanctions.
(a) * * *
(2) * * * Authorization to engage in
actions otherwise prohibited by a denial
order may be given by the Office of
Exporter Services after consultation
with the Office of Export Enforcement
upon a written request by a person
named in the denial order or by a
person seeking permission to deal with
a named person. Submit such requests
to: Bureau of Industry and Security,
Office of Exporter Services, Room H
2705, U.S. Department of Commerce,
14th Street and Pennsylvania Ave.,
NW., Washington, DC 20230.
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Authority: 50 U.S.C. 1701 et seq.; E.O.
12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; Notice of November 10, 2008, 73 FR
67097 (November 12, 2008).
PART 766—[AMENDED]
PART 747—[AMENDED]
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).
12. The authority citation for part 747
is revised to read as follows:
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17. The authority citation for part 766
is revised to read as follows:
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Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; Sec 1503, Pub. L. 108–
11, 117 Stat. 559; 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 July 23,
2008, 73 FR 43603 (July 25, 2008).
PART 768—[AMENDED]
PART 754—[AMENDED]
PART 772—[AMENDED]
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13. The authority citation for part 754
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); 30 U.S.C. 185(s), 185(u); 42 U.S.C.
6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c;
E.O. 11912, 41 FR 15825, 3 CFR, 1976 Comp.,
p. 114; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Notice of July 23, 2008, 73 FR
43603 (July 25, 2008).
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).
14. The authority citation for part 758
is revised to read as follows:
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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).
15. The authority citation for part 764
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 July 23,
2008, 73 FR 43603 (July 25, 2008).
16. In § 764.3, revise the sixth
sentence of paragraph (a)(2) and add a
■
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
18. The authority citation for part 768
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 July 23,
2008, 73 FR 43603 (July 25, 2008).
19. The authority citation for part 772
is revised to read as follows:
20. In § 772.1, revise the definition of
‘‘Export Administration Review Board’’
to read as follows:
■
§ 772.1 Definitions of terms as used in the
Export Administration Regulations.
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; 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.
Jkt 217001
11. The authority citation for part 745
is revised to read as follows:
■
PART 764—[AMENDED]
9. The authority citation for part 742
is revised to read as follows:
■
16:19 Dec 12, 2008
10. The authority citation for part 743
is revised to read as follows:
■
PART 758—[AMENDED]
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 7201 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 July 23, 2008, 73 FR
43603 (July 25, 2008).
VerDate Aug<31>2005
PART 743—[AMENDED]
PART 745—[AMENDED]
5. The Authority citation for part 734
is revised to read as follows:
■
■
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 July 23, 2008, 73 FR
43603 (July 25, 2008); Notice of November
10, 2008, 73 FR 67097 (November 12, 2008).
75945
*
*
*
*
*
Export Administration Review
Board—The body authorized by
Executive Order 12002 as amended by
Executive Orders 12755 and 13286. The
Export Administration Review Board’s
role in license application review is in
accordance with Executive Order 12981
as amended by Executive Orders 13020,
13026 and 13117.
*
*
*
*
*
PART 774—[AMENDED]
21. The authority citation for 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.
E:\FR\FM\15DER1.SGM
15DER1
75946
Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Rules and Regulations
7430(e); 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;
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; 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 July 23, 2008, 73 FR
43603 (July 25, 2008).
22. In supplement No. 1 to part 774,
Category 1, Export Control Classification
Number 1C202, revise the heading to
read as follows:
■
1C202 Alloys other than those controlled
by 1C002.b.3 or 1C002.b.4 as follows (see
List of Items Controlled)
*
*
*
*
*
24. In Supplement No. 1 to part 774,
Category 5 ‘‘Telecommunications and
Information Security’’, Part I—
‘‘Telecommunications’’, immediately
following the text of Export Control
Classification Number 5B001 and
immediately preceding the header that
reads ‘‘C. Materials’’ add Export Control
Classification Number 5B991 to read as
follows:
■
5B991
n.e.s.
27. In Supplement No. 1 to part 774,
Category 5 ‘‘Telecommunications and
Information Security’’, Part II—
‘‘Information Security,’’ immediately
following Export Control Classification
Number 5A992 and immediately
preceding Export Control classification
Number 5B002, insert a heading reading
‘‘B. Test, Inspection and Production
Equipment.’’
■ 28. In Supplement No. 1 to part 774,
Category 5 ‘‘Telecommunications and
Information Security’’, Part II—
‘‘Information Security,’’ immediately
following the text of Export Control
Classification Number 5D992 and
immediately preceding Export Control
Classification Number 5E002 revise the
header that reads ‘‘Technology’’ to read
‘‘E. Technology’’.
■
Dated: December 8, 2008.
Christopher R. Wall,
Assistant Secretary for Export
Administration.
[FR Doc. E8–29604 Filed 12–12–08; 8:45 am]
BILLING CODE 3510–33–P
Telecommunications test equipment,
DEPARTMENT OF THE TREASURY
License Requirements
Reason for Control: AT
Internal Revenue Service
Control(s)
AT applies to entire entry ...
Country chart
AT Column 1.
26 CFR Part 1
[TD 9435]
RIN 1545–BH61
License Exceptions
LVS: N/A
GBS: N/A
CIV: N/A
Guidance Regarding the Treatment of
Stock of a Controlled Corporation
Under Section 355(a)(3)(B)
List of Items Controlled
Unit: $ value
Related Controls: N/A
Related Definitions: N/A
Items:
The list of items controlled is contained in
the ECCN heading.
25. In Supplement No. 1 to part 774,
Category 5 ‘‘Telecommunications and
Information Security’’, Part II
‘‘Information Security,’’ immediately
following the end of Note 3, paragraph
.d and immediately preceding Export
Control Classification Number 5A002
revise the header that reads ‘‘Systems,
Equipment and Components’’ to read
‘‘A. Systems, Equipment and
Components’’
■ 26. In Supplement No. 1 to part 774,
Category 5 ‘‘Telecommunications and
Information Security’’, Part II
‘‘Information Security,’’ immediately
following Export Control Classification
Number 5A002 and immediately
preceding Export Control classification
Number 5A992, remove the heading that
reads ‘‘Part 2—Information Security.’’
pwalker on PROD1PC71 with RULES
■
VerDate Aug<31>2005
16:19 Dec 12, 2008
Jkt 217001
AGENCY: Internal Revenue Service (IRS),
Treasury.
ACTION: Final and temporary
regulations.
SUMMARY: This document contains final
and temporary regulations that provide
guidance regarding the distribution of
stock of a controlled corporation
acquired in a transaction described in
section 355(a)(3)(B) of the Internal
Revenue Code (Code). This action is
necessary in light of amendments to
section 355(b). These temporary
regulations will affect corporations and
their shareholders. The text of these
temporary regulations also serves as the
text of the proposed regulations set forth
in the notice of proposed rulemaking on
this subject in the Proposed Rules
section in this issue of the Federal
Register.
DATES: Effective Date: These final and
temporary regulations are effective on
December 15, 2008.
Applicability Date: For dates of
applicability, see § 1.355–2T(i).
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
FOR FURTHER INFORMATION CONTACT:
Russell P. Subin, (202) 622–7790 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Background
Section 355 provides the rules for taxfree distributions of the stock of certain
controlled corporations. Since 2006
Congress has enacted several
amendments to section 355. See
sections 202 and 507 of the Tax Increase
Prevention and Reconciliation Act of
2005, Public Law 109–222 (120 Stat.
345); Division A, Section 410 of the Tax
Relief and Health Care Act of 2006,
Public Law 109–432 (120 Stat. 2922,
2963); Section 4(b) of the Tax Technical
Corrections Act of 2007, Public Law
110–172 (121 Stat. 2473, 2476)
(Technical Corrections). Furthermore,
the IRS and Treasury Department have
issued proposed § 1.355–3 (72 FR 26012
(May 8, 2007), 2007–23 IRB 1357),
which would provide guidance
regarding satisfaction of the active trade
or business (ATB) requirement of
section 355(b).
Section 355(a) provides that, under
certain circumstances, a corporation
may distribute stock and securities in a
corporation it controls to its
shareholders and security holders
without causing either the distributing
corporation (distributing) or its
shareholders and security holders to
recognize income, gain, or loss. For this
purpose, control is defined under
section 368(c).
Sections 355(a)(1)(C) and 355(b)(1)
generally require that distributing and
the controlled corporation (controlled)
each be engaged, immediately after the
distribution, in the active conduct of a
trade or business. Section 355(b)(2)(A)
provides that a corporation shall be
treated as engaged in the active conduct
of a trade or business if and only if it
is engaged in the active conduct of a
trade or business.
Section 355(b)(2)(B) requires that the
trade or business have been actively
conducted throughout the five-year
period ending on the date of the
distribution (pre-distribution period).
Section 355(b)(2)(C) provides that the
trade or business must not have been
acquired in a transaction in which gain
or loss was recognized, in whole or in
part (taxable transaction or taxable
acquisition), within the pre-distribution
period. Section 355(b)(2)(D) provides
that control of a corporation that (at the
time of acquisition of control) was
conducting the trade or business must
not have been directly or indirectly
acquired by any distributee corporation
or by distributing during the predistribution period in a taxable
E:\FR\FM\15DER1.SGM
15DER1
]]>Agencies
[Federal Register Volume 73, Number 241 (Monday, December 15, 2008)]
[Rules and Regulations]
[Pages 75942-75946]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29604]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 730, 734, 736, 740, 742, 743, 745, 747, 754, 758, 764,
766, 768, 772, and 774
[Docket No. 0811171457-81460-01]
RIN 0694-AE49
Export Administration Regulations: Authority Citations Updates
and Technical Corrections
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule revises the authority citation paragraphs for 14
parts of the Export Administration Regulations to include citations to
the most recent presidential notices that extend authority for those
parts or to remove an outdated citation or both. This rule also updates
addresses, telephone numbers, procedures and a definition, removes some
potentially confusing language, makes a necessary conforming change to
one Export Control Classification Number (ECCN) and restores some
language that was dropped during a Code of Federal Regulations
compilation. BIS is making these changes to clarify the regulations and
to provide accurate authority citations for the Code of Federal
Regulations edition that is to be compiled as of January 1, 2009.
DATES: This rule is effective December 15, 2008.
FOR FURTHER INFORMATION CONTACT: William H. Arvin, Regulatory Policy
Division, e-mail warvin@bis.doc.gov, telephone 202-482-2440.
SUPPLEMENTARY INFORMATION:
Background
This rule updates authority citation paragraphs and makes technical
clarifications and revisions to the Export Administration Regulations
as more fully described below.
Authority Citation Updates
Since 2001, the authority citations for all parts of the Export
Administration Regulations except part 745 have changed annually as
successive presidential notices have extended the emergency declared in
Executive Order 13222 of August 17, 2001 (which continued the Export
Administration Act (EAA) and the EAR in force upon expiration of the
EAA). Most recently the notice of July 23, 2008 (73 FR 43603, July 25,
2008) extended this emergency until August 17, 2009. In addition, the
authority citations for parts 730, 734, 736, 742, 744 and 745 of the
EAR have changed annually as successive presidential notices have
extended the emergency declared in Executive Order 12938--Proliferation
of Weapons of Mass Destruction. Most recently the notice of November
10, 2008 (73 FR 67097, November 12, 2008) extended this emergency until
November 14, 2009. This rule updates the authority citations paragraphs
for parts 730, 734, 736, 742, 743, 745, 747, 754, 758, 764, 766, and
768 of the EAR to reflect the most recent applicable authority
citations because authority citation paragraphs for those parts have
not been updated by other EAR amendments. This rule also revises the
authority citation paragraph for parts 740, 754 and 772 to remove one
outdated citation. These revisions are needed so that the annual
compilation of Title 15 of the Code of Federal Regulations as of
January 1, 2009 will reflect current authority citations for all EAR
parts.
Updated Address and Telephone Information
This rule updates the BIS office address and telephone number
information in Sec. 730.8(c).
[[Page 75943]]
Updated Display of Approved Information Collections
Supplement No. 1 to part 730 of the EAR contains a table displaying
the control numbers, the titles and the references in the EAR of
information collections contained in the EAR that have been approved by
the Office of Management and Budget (OMB). This rule revises the title
of the information collection identified by control number 0607-0152 to
read ``Automated Export System (AES) Program'' to reflect the name
change for that collection that OMB approved on November 5, 2008.
Updated Address and Procedure for Requests To Appoint a Technical
Advisory Committee
Supplement No. 2 to part 730 sets forth certain provisions
regarding BIS's technical advisory committees. This rule adds the title
``Assistant Secretary for Export Administration'' to the address to
which requests to appoint a new technical advisory committee should be
sent and removes the statement that such requests be sent via courier.
These changes reflect BIS's actual practice regarding requests to
appoint technical advisory committees.
Removal of Potentially Confusing Language Regarding De Minimis Content
of Foreign Made Items
The Export Administration Regulations do not apply to most items
that were produced and are located outside the United States and that
contain no more than the ``de minimis'' level of U.S. origin content as
set forth in Sec. 734.4. As noted in Sec. 732.2(d), this de minimis
exclusion applies only to items that are not located in the United
States. This rule removes Sec. 734.3(b)(4), which could have been read
as applying the de minimis exclusion to items in the United States.
Section 734.3(b)(4) is also redundant to Sec. 734.3(a)(3)(ii),
indicating that the Regulations do apply to items that contain U.S.
origin commodities, software or technology in quantities exceeding the
de minimis levels.
Clarification of Procedure for Requests To Take an Action That Would
Otherwise Be Prohibited by a Denial Order
Section 764.3(a)(2), among other things, describes the procedure
for requesting authorization to take an action that would otherwise be
prohibited by an order denying export privileges. Requests for such
authorizations must be submitted to the Office of Exporter Services.
This rule adds the main mailing address for that office and replaces
the word ``application'' with the phrase ``written request'' to
emphasize the distinction between such requests and license
applications.
Updated Definition of Export Administration Review Board
Section 772.1 contains definitions of terms that are used in the
EAR. Prior to publication of this rule, one such definition ``Export
Administration Review Board,'' described that board in terms of its
duties and members. However, the duties and membership of that board
can change from time-to-time. This rule revises the definition to
identify the Export Administration Review Board unambiguously in terms
of the Executive Order that created it and the Executive Order that
gives it a role in export licensing decisions. BIS has no power to
alter the membership of this board as set by Executive Order.
Technical and Conforming Change to ECCN 1C202
On January 15, 1998, the heading of Export Control Classification
Number 1C202 was revised to read in pertinent part ``Alloys other than
those controlled by 1C002.a.2.c or [1C002.a.2].d * * *.'' (63 FR 2475,
January 15, 1998). Subsequently, ECCN 1C002 was revised to move the
items controlled under paragraphs .a.2.c and .a.2.d to paragraphs .b.3
and .b.4, respectively (67 FR 462, January 3, 2002). However, the
language in the heading of ECCN 1C202 (referencing the now revised ECCN
1C002) was not changed. This rule revises the pertinent language in the
heading of ECCN 1C202 to read ``Alloys other than those controlled by
1C002.b.3 or 1C002.b.4 * * *.'' thereby reflecting the intent of
exclusionary language in the heading of ECCN 1C202 as originally
adopted.
Correcting Header Language in Category 5, Part II of the Commerce
Control List
The Commerce Control List contains headers at points in the text
that identify the ten categories into which the CCL is divided and the
five product groups that can appear within each category. Prior to
publication of this rule, certain headers in Category 5, Part II did
not follow the pattern for such headers that is used in the rest of the
CCL. This rule makes editorial changes to conform to that pattern.
Specifically, this rule: Adds the letter ``A'' to the header that
identifies product group A--Systems, Equipment and Components; removes
a misplaced (and duplicative) header for Category 5, Part 2; adds a
previously omitted header for Category 5, Part II, Product Group B--
Test, Inspection and Production Equipment; and adds the letter ``E'' to
the header that identifies product group E--Technology.
Restoring an ECCN Removed in Code of Federal Regulations Compilation
Export Control Classification Number (ECCN) 5B991 was created in
1998 (63 FR 2521, January 15, 1998). In 1999, BIS published two rules
that revised Category 5 on the Commerce Control List.
The first such rule revised ECCNs 5A991, 5D001 and 5E001 but made
no changes to 5B991 (64 FR 10861, March 5, 1999). The second such rule
revised ECCNs 5A001, 5A991, 5B001, 5C001, and 5C991 but made no changes
to ECCN 5B991 (64 FR 40106, July 23, 1999). BIS issued no other Federal
Register notice changing Category 5, Part I of the Commerce Control
List during calendar year 1999. Nevertheless, ECCN 5B991, which had
been in the January 1, 1999 CFR compilation was not in the January 1,
2000 compilation (Compare 15 CFR Part 774, Supp. No. 1 (1999) to 15 CFR
Part 774 (Supp. No. 1 (2000)). This rule restores ECCN 5B991, which
appears to have been inadvertently omitted from the January 1, 2000 CFR
compilation and has not appeared in the CFR since. This rule also
replaces the phrase LVS: ``$1,000 for Syria; N/A to Iran'' in the
License Exception of ECCN 5B991 with ``LVS: N/A'' because any
authorization to use License Exception LVS for shipments to Syria is
precluded by BIS's General Order No. 2 of May 14, 2004 (15 CFR Part
736, Supp. No. 1) and the reference to Iran is merely a specific
instance of the general principle set forth in Sec. 740.3(a) of the
EAR that License Exception LVS may be used only when identified by a
stated value limit in the applicable ECCN. With the removal the value
limit for Syria, there is no longer any stated value limit in ECCN
5B991 that would apply to any destination. Therefore, continued
reference to Iran would be superfluous.
Rulemaking Requirements
1. This rule is not a significant rule for purposes of Executive
Order 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 involves a collection of information that has
been approved by the OMB under control number 0694-0088, which carries
a burden hour estimate of 58 minutes to
[[Page 75944]]
prepare and submit form BIS-748. Miscellaneous and recordkeeping
activities account for 12 minutes per submission. BIS believes that
this rule will make no change to the number of submissions or to the
burden imposed by this collection.
3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
4. For all provisions of this rule other than the revision it makes
to ECCN 1C202, BIS finds that there is good cause under 5 U.S.C.
553(b)(3)(B) to waive the provisions of the Administrative Procedure
Act requiring prior notice and the opportunity for public comment
because they are unnecessary given that these revisions are not
substantive changes to the EAR. These revisions are administrative in
nature and do not affect the rights and obligations of the public. In
addition, the 30-day delay in effectiveness required by 5 U.S.C. 553(d)
is not applicable because this rule is not a substantive rule. With
respect to the revision that this rule makes to ECCN 1C202, the
provisions of the Administrative Procedure Act requiring notice of
proposed rulemaking, the opportunity for public participation, and a
delay in effective date, are inapplicable because this regulation
involves a military or foreign affairs function of the United States
under 5 U.S.C. 553(a)(1). No other law requires that notice of proposed
rulemaking and an opportunity for public comment be given for this
rule; therefore, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable.
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 734
Administrative practice and procedure, Exports, Inventions and
patents, Research, Science and technology.
15 CFR Parts 736, 770 and 772
Exports.
15 CFR Parts 740, 747, and 758
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 742
Exports, Terrorism.
15 CFR Part 743
Administrative practice and procedure, Reporting and recordkeeping
requirements.
15 CFR Part 745
Administrative practice and procedure, Chemicals, Exports, Foreign
trade, Reporting and recordkeeping requirements.
15 CFR Part 754
Agricultural commodities, Exports, Forests and forest products,
Horses, Petroleum, Reporting and recordkeeping requirements.
15 CFR Part 764
Administrative practice and procedure, Exports, Law enforcement,
Penalties.
15 CFR Part 766
Administrative practice and procedure, Confidential business
information, Exports, Law enforcement, Penalties.
15 CFR Part 768
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements, Science and technology.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
0
Accordingly, the Export Administration Regulations (15 CFR parts 730-
774) are amended as follows.
PART 730--[AMENDED]
0
1. The authority citation for 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; 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; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
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 July 23, 2008, 73 FR 43603 (July 25, 2008);
Notice of November 10, 2008, 73 FR 67097 (November 12, 2008).
0
2. In Sec. 730.8(c), revise the second sentence to read as follows:
Sec. 730.8 How to proceed and where to get help.
* * * * *
(c) * * * General information including assistance in understanding
the EAR, information on how to obtain forms, electronic services,
publications, and information on training programs offered by BIS, is
available from the Office of Export Services at the following
locations: Outreach and Educational Services Division, U.S. Department
of Commerce, 14th and Pennsylvania Avenue, NW., Room H1099D,
Washington, DC 20230, Tel: (202) 482-4811, Fax: (202) 482-2927, and
Bureau of Industry and Security, Western Regional Office, U.S.
Department of Commerce, 3300 Irvine Avenue, Suite 345, Newport Beach,
CA 92660, Tel: (949) 660-0144, Fax: (949) 660-9347, and Bureau of
Industry and Security, Western Regional Office, Northern California
Branch, U.S. Department of Commerce, 160 W. Santa Clara Street, Suite
725, San Jose, CA 95113, Tel: (408) 998-8806, Fax: (408) 998-8677.
0
3. In part 730, Supplement No. 1, revise the final entry in the table
to read as follows:
Supplement No. 1 to Part 730--Information Collection Requirements Under
the Paperwork Reduction Act: OMB Control Numbers
* * * * *
------------------------------------------------------------------------
Collection No. Title Reference in the EAR
------------------------------------------------------------------------
* * * * * * *
0607-0152................... Automated Export Sec. Sec.
System (AES) 740.1(d),
Program. 740.3(a)(3),
752.7(b),
752.15(a),
754.2(h), 754.4(c),
758.1, 758.2 and
758.3 of the EAR.
------------------------------------------------------------------------
[[Page 75945]]
0
4. In Supplement No. 2 to part 730--Technical Advisory Committees
revise the first sentence of paragraph (b)(1) to read as follows:
Supplement No. 2 to Part 730--Technical Advisory Committees
* * * * *
(b) * * *
(1) * * * Each request for the appointment of a TAC shall be
submitted in writing to: Assistant Secretary for Export
Administration, 14th Street and Pennsylvania Ave., NW., Room 2705,
Washington, DC 20230. * * *
* * * * *
PART 734--[AMENDED]
0
5. The Authority citation for 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 July 23, 2008, 73 FR 43603 (July 25, 2008); Notice of
November 10, 2008, 73 FR 67097 (November 12, 2008).
Sec. 734.4 [Amended]
0
6. In Sec. 734.4, remove paragraph (b)(4).
PART 736--[AMENDED]
0
7. The authority citation for part 736 is revised to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 2151 note; 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; E.O. 13338, 69 FR 26751, May 13, 2004;
Notice of July 23, 2008, 73 FR 43603 (July 25, 2008); Notice of
November 10, 2008, 73 FR 67097 (November 12, 2008).
PART 740--[AMENDED]
0
8. The authority citation for part 740 is revised to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 7201 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 July 23, 2008, 73 FR 43603 (July 25, 2008).
PART 742--[AMENDED]
0
9. The authority citation for part 742 is revised to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; 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 July 23, 2008, 73 FR 43603 (July 25, 2008); Notice of
November 10, 2008, 73 FR 67097 (November 12, 2008).
PART 743--[AMENDED]
0
10. The authority citation for part 743 is revised to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; Pub. L. 106-508; 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).
PART 745--[AMENDED]
0
11. The authority citation for part 745 is revised to read as follows:
Authority: 50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3
CFR, 1994 Comp., p. 950; Notice of November 10, 2008, 73 FR 67097
(November 12, 2008).
PART 747--[AMENDED]
0
12. The authority citation for part 747 is revised to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
Sec 1503, Pub. L. 108-11, 117 Stat. 559; 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 July 23, 2008, 73 FR 43603 (July 25, 2008).
PART 754--[AMENDED]
0
13. The authority citation for part 754 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); 30 U.S.C. 185(s), 185(u); 42
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; E.O. 11912, 41 FR
15825, 3 CFR, 1976 Comp., p. 114; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783; Notice of July 23, 2008, 73 FR 43603 (July 25,
2008).
PART 758--[AMENDED]
0
14. The authority citation for 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, 3 CFR, 2001 Comp., p. 783; Notice of July
23, 2008, 73 FR 43603 (July 25, 2008).
PART 764--[AMENDED]
0
15. The authority citation for part 764 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 July
23, 2008, 73 FR 43603 (July 25, 2008).
0
16. In Sec. 764.3, revise the sixth sentence of paragraph (a)(2) and
add a new sentence following the sixth sentence to read as follows:
Sec. 764.3 Sanctions.
(a) * * *
(2) * * * Authorization to engage in actions otherwise prohibited
by a denial order may be given by the Office of Exporter Services after
consultation with the Office of Export Enforcement upon a written
request by a person named in the denial order or by a person seeking
permission to deal with a named person. Submit such requests to: Bureau
of Industry and Security, Office of Exporter Services, Room H 2705,
U.S. Department of Commerce, 14th Street and Pennsylvania Ave., NW.,
Washington, DC 20230.
* * * * *
PART 766--[AMENDED]
0
17. The authority citation for part 766 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 July
23, 2008, 73 FR 43603 (July 25, 2008).
PART 768--[AMENDED]
0
18. The authority citation for part 768 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 July
23, 2008, 73 FR 43603 (July 25, 2008).
PART 772--[AMENDED]
0
19. The authority citation for part 772 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 July
23, 2008, 73 FR 43603 (July 25, 2008).
0
20. In Sec. 772.1, revise the definition of ``Export Administration
Review Board'' to read as follows:
Sec. 772.1 Definitions of terms as used in the Export Administration
Regulations.
* * * * *
Export Administration Review Board--The body authorized by
Executive Order 12002 as amended by Executive Orders 12755 and 13286.
The Export Administration Review Board's role in license application
review is in accordance with Executive Order 12981 as amended by
Executive Orders 13020, 13026 and 13117.
* * * * *
PART 774--[AMENDED]
0
21. The authority citation for 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.
[[Page 75946]]
7430(e); 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; 22 U.S.C. 7201 et seq.;
22 U.S.C. 7210; 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 July
23, 2008, 73 FR 43603 (July 25, 2008).
0
22. In supplement No. 1 to part 774, Category 1, Export Control
Classification Number 1C202, revise the heading to read as follows:
1C202 Alloys other than those controlled by 1C002.b.3 or 1C002.b.4 as
follows (see List of Items Controlled)
* * * * *
0
24. In Supplement No. 1 to part 774, Category 5 ``Telecommunications
and Information Security'', Part I--``Telecommunications'', immediately
following the text of Export Control Classification Number 5B001 and
immediately preceding the header that reads ``C. Materials'' add Export
Control Classification Number 5B991 to read as follows:
5B991 Telecommunications test equipment, n.e.s.
License Requirements
Reason for Control: AT
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
AT applies to entire entry.............. AT Column 1.
------------------------------------------------------------------------
License Exceptions
LVS: N/A
GBS: N/A
CIV: N/A
List of Items Controlled
Unit: $ value
Related Controls: N/A
Related Definitions: N/A
Items:
The list of items controlled is contained in the ECCN heading.
0
25. In Supplement No. 1 to part 774, Category 5 ``Telecommunications
and Information Security'', Part II ``Information Security,''
immediately following the end of Note 3, paragraph .d and immediately
preceding Export Control Classification Number 5A002 revise the header
that reads ``Systems, Equipment and Components'' to read ``A. Systems,
Equipment and Components''
0
26. In Supplement No. 1 to part 774, Category 5 ``Telecommunications
and Information Security'', Part II ``Information Security,''
immediately following Export Control Classification Number 5A002 and
immediately preceding Export Control classification Number 5A992,
remove the heading that reads ``Part 2--Information Security.''
0
27. In Supplement No. 1 to part 774, Category 5 ``Telecommunications
and Information Security'', Part II--``Information Security,''
immediately following Export Control Classification Number 5A992 and
immediately preceding Export Control classification Number 5B002,
insert a heading reading ``B. Test, Inspection and Production
Equipment.''
0
28. In Supplement No. 1 to part 774, Category 5 ``Telecommunications
and Information Security'', Part II--``Information Security,''
immediately following the text of Export Control Classification Number
5D992 and immediately preceding Export Control Classification Number
5E002 revise the header that reads ``Technology'' to read ``E.
Technology''.
Dated: December 8, 2008.
Christopher R. Wall,
Assistant Secretary for Export Administration.
[FR Doc. E8-29604 Filed 12-12-08; 8:45 am]
BILLING CODE 3510-33-P
