[Federal Register Volume 62, Number 125 (Monday, June 30, 1997)]
[Rules and Regulations]
[Page 35335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17148]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 744

[Docket No. 970428099-7151-03]
RIN 0694-AB60


Revisions to the Export Administration Regulations: Additions to 
Entity List: National Development Centre, Pakistan; and Indian Rare 
Earths, Ltd., India

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

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SUMMARY: The Export Administration Regulations (EAR) provide that the 
Bureau of Export Administration (BXA) may inform exporters, 
individually or through amendment to the EAR, that a license is 
required for exports or reexports to certain entities. The EAR contains 
a list of such entities. This rule adds to the entity list: National 
Development Centre, Pakistan; and Indian Rare Earths, Ltd., India, and 
requires a license for exports or reexports of all items subject to the 
EAR for both entities.

EFFECTIVE DATE: This rule is effective June 30, 1997.

FOR FURTHER INFORMATION CONTACT:
Eileen M. Albanese, Office of Exporter Services, Bureau of Export 
Administration, Telephone: (202) 482-0436.

SUPPLEMENTARY INFORMATION:

Background

    General Prohibition Five (Sec. 736.2(b)(5) of the EAR) prohibits 
exports and reexports to certain end-users or end-uses (described in 
part 744 of the EAR) without a license. In the form of Supplement No. 4 
to part 744, BXA maintains an ``Entity List'' to provide notice 
informing the public of certain entities subject to such licensing 
requirements.
    Although the Export Administration Act (EAA) expired on August 20, 
1994, the President invoked the International Emergency Economic Powers 
Act and continued in effect, to the extent permitted by law, the 
provisions of the EAA and the EAR in Executive Order 12924 of August 
19, 1994, continued by Presidential notices of August 15, 1995 and 
August 14, 1996.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for 
the purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to nor 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 current valid OMB Control Number. This rule involves a 
collection of information requirements 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.
    3. This rule does not contain policies with Federalism implications 
sufficient to warrant preparation of a Federalism assessment under 
Executive Order 12612.
    4. 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 (see 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 rule. Because a notice of proposed rulemaking 
and an opportunity for public comment are not required to be given for 
this rule by 5 U.S.C. 553, or by any other law, the analytical 
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., 
are inapplicable.
    Therefore, this regulation is issued in final form. Although there 
is no formal comment period, public comments on this regulation are 
welcome on a continuing basis. Comments should be submitted to Sharron 
Cook, Office of Exporter Services, Bureau of Export Administration, 
Department of Commerce, P.O. Box 273, Washington, DC 20044.

List of Subjects in 15 CFR Part 744

    Exports, Foreign trade, Reporting and recordkeeping requirements.

    Accordingly, part 744 of the Export Administration Regulations (15 
CFR parts 730-774) is amended, as follows:
    1. The authority citation for 15 CFR part 744 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 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. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; E.O. 
12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; Notice of August 15, 
1995 (60 FR 42767, August 17, 1995); and Notice of August 14, 1996 
(61 FR 42527).

PART 744--[AMENDED]

    2. Supplement No. 4 to part 744 is amended by adding, in 
alphabetical order, the following two entities:

Supplement No. 4 to Part 744--Entity List

* * * * *
    Indian Rare Earths, Ltd., India, for all items subject to the EAR.
* * * * *
    National Development Centre, Pakistan, for all items subject to the 
EAR.

    Dated: June 26, 1997.
Iain S. Baird,
Acting Assistant Secretary for Export Administration.
[FR Doc. 97-17148 Filed 6-27-97; 8:45 am]
BILLING CODE 3510-33-P