Iranian Transactions Regulations, 59611-59613 [2010-24211]
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Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Rules and Regulations
adding new § 522.930 to reflect the
approval.
In accordance with the freedom of
information provisions of 21 CFR part
20 and 21 CFR 514.11(e)(2)(ii), a
summary of safety and effectiveness
data and information submitted to
support approval of this application
may be seen in the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852, between 9
a.m. and 4 p.m., Monday through
Friday.
The agency has determined under 21
CFR 25.33 that this action is of a type
that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
Under section 512(c)(2)(F)(ii) of the
Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360b(c)(2)(F)(ii)), this
approval qualifies for 3 years of
marketing exclusivity beginning on the
date of approval.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
List of Subjects in 21 CFR Part 522
Animal drugs.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 522 is amended as follows:
■
PART 522—IMPLANTATION OR
INJECTABLE DOSAGE FORM NEW
ANIMAL DRUGS
1. The authority citation for 21 CFR
part 522 continues to read as follows:
■
Authority: 21 U.S.C. 360b.
■
2. Add § 522.930 to read as follows:
WReier-Aviles on DSKGBLS3C1PROD with RULES
§ 522.930
Firocoxib.
(a) Specifications. Each milliliter of
solution contains 20 milligrams (mg)
firocoxib.
(b) Sponsors. See No. 050604 in
§ 510.600(c) of this chapter.
(c) Conditions of use in horses—(1)
Amount. Administer 0.04 mg/pound (lb)
(0.09 mg/kilogram (kg)) of body weight
(BW) intravenously, once daily, for up
to 5 days. If further treatment is needed,
firocoxib oral paste can be administered
at a dosage of 0.045 mg/lb (0.1 mg/kg)
of BW for up to an additional 9 days of
treatment.
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(2) Indications for use. For the control
of pain and inflammation associated
with osteoarthritis.
(3) Limitations. Do not use in horses
intended for human consumption.
Federal law restricts this drug to use by
or on the order of a licensed
veterinarian.
Dated: September 21, 2010.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
59611
and under authority delegated to the
Commissioner of Food and Drugs, 21
CFR part 866 is amended. Accordingly,
the amendments issued thereby are
effective.
Dated: September 16, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010–23638 Filed 9–27–10; 8:45 am]
BILLING CODE 4160–01–S
[FR Doc. 2010–24254 Filed 9–27–10; 8:45 am]
DEPARTMENT OF THE TREASURY
BILLING CODE 4160–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of Foreign Assets Control
31 CFR Part 560
Food and Drug Administration
Iranian Transactions Regulations
21 CFR Part 866
AGENCY:
Office of Foreign Assets
Control, Treasury.
ACTION: Final rule.
[Docket No. FDA–2009–N–0344]
Microbiology Devices; Reclassification
of Herpes Simplex Virus Types 1 and
2 Serological Assays; Confirmation of
Effective Date
AGENCY:
Food and Drug Administration,
HHS.
Direct final rule; confirmation of
effective date.
ACTION:
The Food and Drug
Administration (FDA) is confirming the
effective date of December 7, 2009, for
the direct final rule that appeared in the
Federal Register of August 25, 2009 (74
FR 42773). The direct final rule corrects
the regulation classifying herpes
simplex virus (HSV) serological assays
by removing the reference to HSV
serological assays other than type 1 and
type 2. This document confirms the
effective date of the direct final rule.
DATES: Effective date confirmed:
December 7, 2009.
FOR FURTHER INFORMATION CONTACT:
Scott McFarland, Center for Devices and
Radiological Health, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 66, rm. 5543, Silver Spring,
MD 20993–0002, 301–796–6217.
SUPPLEMENTARY INFORMATION: In the
Federal Register of August 25, 2009 (74
FR 42773), FDA solicited comments
concerning the direct final rule for a 44day period ending October 8, 2009. FDA
stated that the effective date of the
direct final rule would be on December
7, 2009, 60 days after the end of the
comment period, unless any significant
adverse comment was submitted to FDA
during the comment period. FDA did
not receive any significant adverse
comments.
■ Authority: Therefore, under the
Federal Food, Drug, and Cosmetic Act
SUMMARY:
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The Department of the
Treasury’s Office of Foreign Assets
Control (‘‘OFAC’’) is amending the
Iranian Transactions Regulations in the
Code of Federal Regulations to remove
general licenses authorizing the
importation into the United States of,
and dealings in, certain foodstuffs and
carpets of Iranian origin and related
services, and to implement the import
and export prohibitions in section 103
of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of
2010.
DATES: Effective Date: September 29,
2010.
FOR FURTHER INFORMATION CONTACT:
Assistant Director for Compliance,
Outreach & Implementation, tel.: 202/
622–2490, Assistant Director for
Licensing, tel.: 202/622–2480, Assistant
Director for Policy, tel.: 202/622–4855,
Office of Foreign Assets Control, or
Chief Counsel (Foreign Assets Control),
tel.: 202/622–2410, Office of the General
Counsel, Department of the Treasury
(not toll free numbers).
SUPPLEMENTARY INFORMATION:
SUMMARY:
Electronic and Facsimile Availability
This document and additional
information concerning OFAC are
available from OFAC’s Web site (https://
www.treas.gov/ofac). Certain general
information pertaining to OFAC’s
sanctions programs also is available via
facsimile through a 24-hour fax-ondemand service, tel.: 202/622–0077.
Background
On July 1, 2010, the President signed
into law the Comprehensive Iran
Sanctions, Accountability, and
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Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Rules and Regulations
Divestment Act of 2010 (Pub. L. 111–
195) (‘‘CISADA’’). Subsection 103(a) of
CISADA provides that, in addition to
any other sanction in effect, the
economic sanctions described in
subsection 103(b) of CISADA shall
apply with respect to Iran beginning 90
days after the date of CISADA’s
enactment. The economic sanctions
described in subsections 103(b)(1) and
(b)(2) include prohibitions on the
importation of goods or services of
Iranian origin directly or indirectly into
the United States and on the exportation
of U.S.-origin goods, services, or
technology from the United States or by
a United States person, wherever
located, to Iran. OFAC will implement
these prohibitions through an
amendment to the Iranian Transactions
Regulations, 31 CFR Part 560 (the
‘‘ITR’’), which already implement,
pursuant to, inter alia, the International
Emergency Economic Powers Act (50
U.S.C. 1701–1706) (‘‘IEEPA’’),
prohibitions similar to those set forth in
subsections 103(b)(1) and (b)(2) of
CISADA. Consequently, OFAC is
amending the ITR by adding CISADA to
the ITR’s authority citations.
Notwithstanding the ITR’s
prohibitions of imports and exports,
OFAC authorizes certain otherwise
prohibited transactions through general
licenses set forth in the ITR and specific
licenses issued pursuant to the ITR. In
addition, the ITR contain certain
exemptions from its prohibitions of
imports and exports. Similarly,
subsections 103(b)(1) and (b)(2) of
CISADA include a number of exceptions
to CISADA’s prohibitions of imports
and exports, respectively. The
exceptions to CISADA’s prohibitions
differ in some cases from the
exemptions and authorizations
contained in or issued pursuant to the
ITR.
To the extent that the ITR exemptions
and licenses authorize import and
export transactions beyond CISADA’s
exceptions, subsection 103(d)(1) of
CISADA provides the authority to
resolve these differences. That
subsection authorizes the President to
prescribe regulations to carry out
section 103 and specifically states that
these regulations may include
regulatory exceptions to the sanctions
described in subsection 103(b).
Therefore, except with respect to
sections 560.534 and 560.535 of the ITR,
which are being removed (see below),
OFAC is relying on the authority of
subsection 103(d)(1) of CISADA to
maintain in effect the general and
specific licenses set forth in or issued
pursuant to the ITR, and to treat those
licenses as regulatory exceptions to the
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import and export prohibitions in
subsection 103(b) of CISADA. This
extends to general and specific licenses
authorizing transactions that are beyond
those specified in the exceptions set
forth in subsections 103(b)(1) and (b)(2)
of CISADA and that otherwise would be
prohibited by CISADA.
Conversely, to the extent that the
transactions described in CISADA’s
exceptions are neither exempt from nor
authorized in or pursuant to the ITR,
those transactions will remain
prohibited pursuant to the ITR and,
inter alia, IEEPA. In an explanatory
statement, the Committee of Conference
on CISADA stated that notwithstanding
the exceptions in CISADA, any
requirement under IEEPA to seek a
license for the transactions described in
those exceptions remains in effect.
CISADA states in subsection 103(a) that
the sanctions imposed by subsection
103(b) are ‘‘in addition to any other
sanction in effect.’’ Accordingly, a
specific license from OFAC is required
to engage in transactions described in
CISADA’s exceptions if such
transactions are neither exempt from
nor authorized in or pursuant to the
ITR.
Subsection 103(d)(2) of CISADA
strengthens the current trade embargo
against Iran by providing that no
exception to the import prohibition in
subsection 103(b)(1) of CISADA may be
made for the commercial importation of
an Iranian-origin good described in
section 560.534(a) of the ITR, i.e.,
foodstuffs intended for human
consumption that are classified under
chapters 2–23 of the Harmonized Tariff
Schedule of the United States and
carpets and other textile floor coverings
and carpets used as wall hangings that
are classified under chapter 57 or
heading 9706.00.0060 of the
Harmonized Tariff Schedule of the
United States. Accordingly, as of
September 29, 2010 (i.e., the date that is
90 days after the date of CISADA’s
enactment), sections 560.534 and
560.535 of the ITR will be revoked, and
OFAC will no longer authorize, by
general or specific license, the
commercial importation into the United
States of these foodstuffs and carpets of
Iranian-origin. Any such goods
imported into the United States
pursuant to sections 560.534 and
560.535 of the ITR must be entered for
consumption prior to that date.
In addition, section 560.306 of the ITR
defines the terms goods of Iranian origin
and Iranian-origin goods to include: (1)
Goods grown, produced, manufactured,
extracted, or processed in Iran and (2)
goods which have entered into Iranian
commerce. Based on this definition,
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foodstuffs and carpets of third-country
origin that are transshipped through
Iran become goods of Iranian-origin.
Therefore, the revocation of the general
licenses in sections 560.534 and 560.535
of the ITR also will affect the specified
foodstuffs and carpets of third-country
origin that are transshipped through
Iran for importation into the United
States.
Section 560.534 of the ITR authorized
both the commercial and
noncommercial importation into the
United States of certain foodstuffs and
carpets of Iranian origin. As a result of
the revocation of sections 560.534 and
560.535 of the ITR, the noncommercial
importation of certain foodstuffs and
carpets of Iranian origin into the United
States and related services would also
be prohibited by section 560.201 of the
ITR, unless otherwise authorized or
exempt. One such authorization is the
general license for the importation of
Iranian-origin household goods and
personal effects set forth in section
560.524(b) of the ITR. That general
license continues in effect. OFAC notes
that U.S. Customs and Border Protection
(CBP) Form 3299, ‘‘Declaration for Free
Entry of Unaccompanied Articles,’’ is
used to enter Iranian-origin household
and personal effects into the United
States.
Public Participation
Because the Regulations involve a
foreign affairs function, the provisions
of Executive Order 12866 and the
Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed
rulemaking, opportunity for public
participation, and delay in effective date
are inapplicable. Because no notice of
proposed rulemaking is required for this
rule, the Regulatory Flexibility Act (5
U.S.C. 601–612) does not apply.
Paperwork Reduction Act
The collections of information related
to the Regulations are contained in 31
CFR part 501 (the ‘‘Reporting,
Procedures and Penalties Regulations’’).
Pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3507), those
collections of information have been
approved by the Office of Management
and Budget under control number 1505–
0164. An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid control number.
List of Subjects in 31 CFR Part 560
Administrative practice and
procedure, Banks, Banking, Brokers,
Foreign trade, Investments, Loans,
Securities, Iran.
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Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Rules and Regulations
59613
■
For the reasons set forth in the
preamble, the Department of the
Treasury’s Office of Foreign Assets
Control amends 31 CFR part 560 as
follows:
SUPPLEMENTARY INFORMATION:
The
proposed rule was published in the
Federal Register on July 15, 2009 (74 FR
34279–34283). No comments were
received.
PART 560—IRANIAN TRANSACTIONS
REGULATIONS
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
(1) The States;
(2) The relationship between the
National Government and the States; or
(3) The distribution of power and
responsibilities among the various
levels of government.
List of Subjects in 32 CFR Part 865
1. Revise the authority citation to part
560 to read as follows:
It has been determined that 32 CFR
part 865 is not a significant regulatory
action. This rule does not:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
state, local, or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs, or the rights and
obligations of the recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in this Executive Order.
■
Authority: 3 U.S.C. 301; 18 U.S.C. 2339B,
2332d; 22 U.S.C. 2349aa–9; 22 U.S.C. 7201–
7211; 31 U.S.C. 321(b); 50 U.S.C. 1601–1651,
1701–1706; Pub. L. 101–410, 104 Stat. 890
(28 U.S.C. 2461 note); Pub. L. 110–96, 121
Stat. 1011 (50 U.S.C. 1705 note); Pub. L. 111–
195, 124 Stat. 1312 (22 U.S.C. 8501–8551);
E.O. 12613, 52 FR 41940, 3 CFR, 1987 Comp.,
p. 256; E.O. 12957, 60 FR 14615, 3 CFR, 1995
Comp., p. 332; E.O. 12959, 60 FR 24757, 3
CFR, 1995 Comp., p. 356; E.O. 13059, 62 FR
44531, 3 CFR, 1997 Comp., p. 217.
Subpart E—License, Authorizations,
and Statements of Licensing Policy
§§ 560.534 and 560.535
reserved]
[Removed and
2. Remove and reserve §§ 560.534 and
560.535.
■
Dated: September 22, 2010.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
Unfunded Mandates Reform Act (Sec.
202, Pub. L. 104–4)
It has been certified the 32 CFR part
865 does not contain a Federal Mandate
that may result in the expenditure by
State, local and tribal governments, in
aggregate, or by the private sector, of
$100 million or more in any one year.
[FR Doc. 2010–24211 Filed 9–27–10; 8:45 am]
BILLING CODE 4810–AL–P
DEPARTMENT OF DEFENSE
Department of the Air Force
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601)
32 CFR Part 865
It has been determined that this rule
is not subject to the Regulatory
Flexibility Act (5 U.S.C. 601) because it
would not, if promulgated, have a
significant economic impact on a
substantial number of small entities.
[Docket No. USAF–2008–0002]
RIN 0701–AA74
Personnel Review Boards
AGENCY:
Department of the Air Force,
Public Law 95–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
DoD.
ACTION:
Final rule.
The Department of the Air
Force is amending its regulations
concerning the Air Force Board for
Correction of Military Records. The
regulations being revised establish
procedures for the consideration of
applications for the correction of
military records and provides guidance
to applicants and others interested in
the process. This revision incorporates
format changes and clarifies various
minor provisions of the subpart.
DATES: Effective Date: This rule is
effective October 28, 2010.
FOR FURTHER INFORMATION CONTACT: Mr
Algie Walker Jr. at (240) 857–5380,
al.walker@afncr.af.mil.
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SUMMARY:
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It has been certified that 32 CFR part
865 does not impose any additional
reporting or recordkeeping requirements
under the Paperwork Reduction Act of
1995 (44 U.S.C. Chapter 35). Existing
reporting and recordkeeping
requirements approved under OMB
Control Number 0704–0003,
Application for Correction of Military
Record Under the Provisions of Title 10,
U.S. Code, Section 1552, will be used.
Federalism (Executive Order 13132)
It has been certified that 32 CFR part
865 does not have federalism
implications, as set forth in Executive
Order 13132. This rule does not have
substantial direct effects on:
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Administrative practices and
procedures, Military personnel,
Records.
■ Accordingly, 32 CFR part 865 is
amended as follows:
PART 865—PERSONNEL REVIEW
BOARDS
1. The authority citation for 32 CFR
part 865 continues to read as follows:
■
Authority: 10 U.S.C. 1034, 1552.2.
■
2. Revise Subpart A to read as follows:
Subpart A—Air Force Board for Correction
of Military Records
Sec.
865.0 Purpose.
865.1 Setup of the Board.
865.2 Board responsibilities.
865.3 Application procedures.
865.4 Board actions.
865.5 Decision of the Secretary of the Air
Force.
865.6 Reconsideration of applications.
856.7 Action after final decision.
865.8 Miscellaneous provisions.
Subpart A—Air Force Board for
Correction of Military Records
§ 865.0
Purpose.
This subpart sets up procedures for
correction of military records to remedy
error or injustice. It tells how to apply
for correction of military records and
how the Air Force Board for Correction
of Military Records (AFBCMR, or the
Board) considers applications. It defines
the Board’s authority to act on
applications. It directs collecting and
maintaining information subject to the
Privacy Act of 1974 authorized by 10
U.S.C. 1034 and 1552. System of
Records notice F035 SAFCB A, Military
Records Processed by the Air Force
Correction Board, applies.
§ 865.1
Setup of the Board.
The AFBCMR operates within the
Office of the Secretary of the Air Force
according to 10 U.S.C. 1552. The Board
consists of civilians in the executive
part of the Department of the Air Force
who are appointed and serve at the
pleasure of the Secretary of the Air
Force. Three members constitute a
quorum of the Board.
§ 865.2
Board responsibilities.
(a) Considering applications. The
Board considers all individual
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]]>Agencies
[Federal Register Volume 75, Number 187 (Tuesday, September 28, 2010)]
[Rules and Regulations]
[Pages 59611-59613]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24211]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 560
Iranian Transactions Regulations
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Treasury's Office of Foreign Assets
Control (``OFAC'') is amending the Iranian Transactions Regulations in
the Code of Federal Regulations to remove general licenses authorizing
the importation into the United States of, and dealings in, certain
foodstuffs and carpets of Iranian origin and related services, and to
implement the import and export prohibitions in section 103 of the
Comprehensive Iran Sanctions, Accountability, and Divestment Act of
2010.
DATES: Effective Date: September 29, 2010.
FOR FURTHER INFORMATION CONTACT: Assistant Director for Compliance,
Outreach & Implementation, tel.: 202/622-2490, Assistant Director for
Licensing, tel.: 202/622-2480, Assistant Director for Policy, tel.:
202/622-4855, Office of Foreign Assets Control, or Chief Counsel
(Foreign Assets Control), tel.: 202/622-2410, Office of the General
Counsel, Department of the Treasury (not toll free numbers).
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional information concerning OFAC are
available from OFAC's Web site (https://www.treas.gov/ofac). Certain
general information pertaining to OFAC's sanctions programs also is
available via facsimile through a 24-hour fax-on-demand service, tel.:
202/622-0077.
Background
On July 1, 2010, the President signed into law the Comprehensive
Iran Sanctions, Accountability, and
[[Page 59612]]
Divestment Act of 2010 (Pub. L. 111-195) (``CISADA''). Subsection
103(a) of CISADA provides that, in addition to any other sanction in
effect, the economic sanctions described in subsection 103(b) of CISADA
shall apply with respect to Iran beginning 90 days after the date of
CISADA's enactment. The economic sanctions described in subsections
103(b)(1) and (b)(2) include prohibitions on the importation of goods
or services of Iranian origin directly or indirectly into the United
States and on the exportation of U.S.-origin goods, services, or
technology from the United States or by a United States person,
wherever located, to Iran. OFAC will implement these prohibitions
through an amendment to the Iranian Transactions Regulations, 31 CFR
Part 560 (the ``ITR''), which already implement, pursuant to, inter
alia, the International Emergency Economic Powers Act (50 U.S.C. 1701-
1706) (``IEEPA''), prohibitions similar to those set forth in
subsections 103(b)(1) and (b)(2) of CISADA. Consequently, OFAC is
amending the ITR by adding CISADA to the ITR's authority citations.
Notwithstanding the ITR's prohibitions of imports and exports, OFAC
authorizes certain otherwise prohibited transactions through general
licenses set forth in the ITR and specific licenses issued pursuant to
the ITR. In addition, the ITR contain certain exemptions from its
prohibitions of imports and exports. Similarly, subsections 103(b)(1)
and (b)(2) of CISADA include a number of exceptions to CISADA's
prohibitions of imports and exports, respectively. The exceptions to
CISADA's prohibitions differ in some cases from the exemptions and
authorizations contained in or issued pursuant to the ITR.
To the extent that the ITR exemptions and licenses authorize import
and export transactions beyond CISADA's exceptions, subsection
103(d)(1) of CISADA provides the authority to resolve these
differences. That subsection authorizes the President to prescribe
regulations to carry out section 103 and specifically states that these
regulations may include regulatory exceptions to the sanctions
described in subsection 103(b). Therefore, except with respect to
sections 560.534 and 560.535 of the ITR, which are being removed (see
below), OFAC is relying on the authority of subsection 103(d)(1) of
CISADA to maintain in effect the general and specific licenses set
forth in or issued pursuant to the ITR, and to treat those licenses as
regulatory exceptions to the import and export prohibitions in
subsection 103(b) of CISADA. This extends to general and specific
licenses authorizing transactions that are beyond those specified in
the exceptions set forth in subsections 103(b)(1) and (b)(2) of CISADA
and that otherwise would be prohibited by CISADA.
Conversely, to the extent that the transactions described in
CISADA's exceptions are neither exempt from nor authorized in or
pursuant to the ITR, those transactions will remain prohibited pursuant
to the ITR and, inter alia, IEEPA. In an explanatory statement, the
Committee of Conference on CISADA stated that notwithstanding the
exceptions in CISADA, any requirement under IEEPA to seek a license for
the transactions described in those exceptions remains in effect.
CISADA states in subsection 103(a) that the sanctions imposed by
subsection 103(b) are ``in addition to any other sanction in effect.''
Accordingly, a specific license from OFAC is required to engage in
transactions described in CISADA's exceptions if such transactions are
neither exempt from nor authorized in or pursuant to the ITR.
Subsection 103(d)(2) of CISADA strengthens the current trade
embargo against Iran by providing that no exception to the import
prohibition in subsection 103(b)(1) of CISADA may be made for the
commercial importation of an Iranian-origin good described in section
560.534(a) of the ITR, i.e., foodstuffs intended for human consumption
that are classified under chapters 2-23 of the Harmonized Tariff
Schedule of the United States and carpets and other textile floor
coverings and carpets used as wall hangings that are classified under
chapter 57 or heading 9706.00.0060 of the Harmonized Tariff Schedule of
the United States. Accordingly, as of September 29, 2010 (i.e., the
date that is 90 days after the date of CISADA's enactment), sections
560.534 and 560.535 of the ITR will be revoked, and OFAC will no longer
authorize, by general or specific license, the commercial importation
into the United States of these foodstuffs and carpets of Iranian-
origin. Any such goods imported into the United States pursuant to
sections 560.534 and 560.535 of the ITR must be entered for consumption
prior to that date.
In addition, section 560.306 of the ITR defines the terms goods of
Iranian origin and Iranian-origin goods to include: (1) Goods grown,
produced, manufactured, extracted, or processed in Iran and (2) goods
which have entered into Iranian commerce. Based on this definition,
foodstuffs and carpets of third-country origin that are transshipped
through Iran become goods of Iranian-origin. Therefore, the revocation
of the general licenses in sections 560.534 and 560.535 of the ITR also
will affect the specified foodstuffs and carpets of third-country
origin that are transshipped through Iran for importation into the
United States.
Section 560.534 of the ITR authorized both the commercial and
noncommercial importation into the United States of certain foodstuffs
and carpets of Iranian origin. As a result of the revocation of
sections 560.534 and 560.535 of the ITR, the noncommercial importation
of certain foodstuffs and carpets of Iranian origin into the United
States and related services would also be prohibited by section 560.201
of the ITR, unless otherwise authorized or exempt. One such
authorization is the general license for the importation of Iranian-
origin household goods and personal effects set forth in section
560.524(b) of the ITR. That general license continues in effect. OFAC
notes that U.S. Customs and Border Protection (CBP) Form 3299,
``Declaration for Free Entry of Unaccompanied Articles,'' is used to
enter Iranian-origin household and personal effects into the United
States.
Public Participation
Because the Regulations involve a foreign affairs function, the
provisions of Executive Order 12866 and the Administrative Procedure
Act (5 U.S.C. 553) requiring notice of proposed rulemaking, opportunity
for public participation, and delay in effective date are inapplicable.
Because no notice of proposed rulemaking is required for this rule, the
Regulatory Flexibility Act (5 U.S.C. 601-612) does not apply.
Paperwork Reduction Act
The collections of information related to the Regulations are
contained in 31 CFR part 501 (the ``Reporting, Procedures and Penalties
Regulations''). Pursuant to the Paperwork Reduction Act of 1995 (44
U.S.C. 3507), those collections of information have been approved by
the Office of Management and Budget under control number 1505-0164. An
agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the collection of
information displays a valid control number.
List of Subjects in 31 CFR Part 560
Administrative practice and procedure, Banks, Banking, Brokers,
Foreign trade, Investments, Loans, Securities, Iran.
[[Page 59613]]
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For the reasons set forth in the preamble, the Department of the
Treasury's Office of Foreign Assets Control amends 31 CFR part 560 as
follows:
PART 560--IRANIAN TRANSACTIONS REGULATIONS
0
1. Revise the authority citation to part 560 to read as follows:
Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, 2332d; 22 U.S.C.
2349aa-9; 22 U.S.C. 7201-7211; 31 U.S.C. 321(b); 50 U.S.C. 1601-
1651, 1701-1706; Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461
note); Pub. L. 110-96, 121 Stat. 1011 (50 U.S.C. 1705 note); Pub. L.
111-195, 124 Stat. 1312 (22 U.S.C. 8501-8551); E.O. 12613, 52 FR
41940, 3 CFR, 1987 Comp., p. 256; E.O. 12957, 60 FR 14615, 3 CFR,
1995 Comp., p. 332; E.O. 12959, 60 FR 24757, 3 CFR, 1995 Comp., p.
356; E.O. 13059, 62 FR 44531, 3 CFR, 1997 Comp., p. 217.
Subpart E--License, Authorizations, and Statements of Licensing
Policy
Sec. Sec. 560.534 and 560.535 [Removed and reserved]
0
2. Remove and reserve Sec. Sec. 560.534 and 560.535.
Dated: September 22, 2010.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. 2010-24211 Filed 9-27-10; 8:45 am]
BILLING CODE 4810-AL-P
