[Federal Register Volume 68, Number 204 (Wednesday, October 22, 2003)]
[Rules and Regulations]
[Pages 60288-60290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26563]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 738, 740, and 772

[Docket No. 031010256-3256-01]
RIN 0694-AC90


Addition of Kazakhstan to the Nuclear Suppliers Group (NSG), and 
Other Revisions

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: As a result of the admission of Kazakhstan to the Nuclear 
Suppliers Group (NSG), this rule amends the Export Administration 
Regulations (EAR) to add Kazakhstan to Country Group A, Column A:4, 
which identifies the member countries of the NSG, and to the definition 
of ``Nuclear Suppliers Group.'' The NSG member countries have agreed to 
establish export licensing procedures for the transfer of items 
identified on the Annex to the ``Nuclear-Related Dual-Use Equipment, 
Materials, and Related Technology List,'' which is published by the 
International Atomic Energy Agency.
    This action will lessen the administrative burden on U.S. exporters 
by decreasing licensing requirements for exports of items controlled 
for nuclear nonproliferation (NP) reasons to Kazakhstan.

DATES: This rule is effective October 22, 2003.

FOR FURTHER INFORMATION CONTACT: For questions of a general nature, 
call Sharron Cook, Regulatory Policy Division, at (202) 482-2440.
    For questions of a technical nature, contact Steve Claggett, 
Nuclear Technology Division, at (202) 482-3550.

SUPPLEMENTARY INFORMATION:

Background

    As a result of the admission of Kazakhstan to the Nuclear Suppliers 
Group (NSG), this rule amends the Export Administration Regulations 
(EAR) by revising Supplement No. 1 to Part 740, to add Kazakhstan to 
Country Group A, Column A:4 (Nuclear Suppliers Group) and by revising 
Supplement No. 1 to Part 738 by

[[Page 60289]]

removing the license requirement for Kazakhstan under NP Column 1 in 
conformance with the licensing policy that applies to other NSG member 
countries. Please note that exports of items controlled for nuclear 
nonproliferation (NP) reasons to Kazakhstan may require a license for 
other reasons set forth in the Commerce Control List or elsewhere in 
the EAR. This rule also revises the definition for ``Nuclear Suppliers 
Group (NSG)'', in part 772, to include Kazakhstan.
    Although the Export Administration Act expired on August 20, 2001, 
Executive Order 13222 of August 17, 2001 (66 FR 44025, August 22, 
2001), as extended by the Notice of August 7, 2003 (68 FR 47833, August 
11, 2003), continues the Regulations in effect under the International 
Emergency Economic Powers Act.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to nor 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 regulation involves 
collections previously approved by the Office of Management and Budget 
under control numbers 0694-0088, ``Multi-Purpose Application,'' which 
carries a burden hour estimate of 45 minutes per manual submission and 
40 minutes per electronic submission. Miscellaneous and record keeping 
activities account for 12 minutes per submission.
    3. This rule does not contain policies with Federalism implications 
as that term is defined in Executive Order 12612.
    4. The provisions of the Administrative Procedure Act requiring 
notice of proposed rule making, 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 rule making and an opportunity for public 
comment be given for this rule. Because a notice of proposed rule 
making and opportunities 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 Industry and Security, 
Department of Commerce, P.O. Box 273, Washington, DC 20044.

List of Subjects

15 CFR Parts 738 and 772

    Exports, Foreign trade.

15 CFR Part 740

    Administrative practice and procedure, Exports, Foreign trade, 
Reporting and recordkeeping requirements.


0
Accordingly, parts 738, 740, and 772 of the Export Administration 
Regulations (15 CFR parts 730-799) are amended as follows:

PART 738--[AMENDED]

0
1. The authority citation for 15 CFR part 738 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); 18 U.S.C. 2510 et seq.; 22 U.S.C. 
287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 
185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. 
app. 466c; 50 U.S.C. app. 5; Sec. 901-911, Pub. L. 106-387; Sec. 
221, Pub. L. 107-56; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of 
August 7, 2003, 68 FR 47833, August 11, 2003.


0
2. Supplement No. 1 to part 738 is amended by removing the ``X'' under 
``NP 1'' in the ``Nuclear Nonproliferation'' column for ``Kazakhstan''.

PART 740--[AMENDED]

0
3. The authority citation for 15 CFR part 740 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
Sec. 901-911, Pub. L. 106-387; E.O. 13026, 61 FR 58767, 3 CFR, 1996 
Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; 
Notice of August 7, 2003, 68 FR 47833, August 11, 2003.


0
4. Supplement Number 1 to part 740, Country Groups, is amended in the 
table for Country Group A, by adding an entry for ``Kazakhstan'' in 
alphabetic order, to read as follows:

                                  Supplement No. 1 to Part 740--Country Groups
                                                 Country Group A
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                                                                   Missile                           Nuclear
                   Country                                        technology       Australia        suppliers
                                                                control regime       group            group
                                                       [A:1]            [A:2]            [A:3]            [A:4]
---------------------------------------------
Kazakhstan..................................  ...............  ...............  ...............               X
 
                                                  * * * * * * *
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* * * * *

PART 772--[AMENDED]

0
5. The authority citation for 15 CFR part 772 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 
7, 2003, 68 FR 47833, August 11, 2003.


0
6. Section 772.1 is amended by revising the definition of ``Nuclear 
Suppliers Group (NSG)'' to read as follows:


Sec.  772.1  Definitions of Terms as used in the Export Administration 
Regulations (EAR).

* * * * *
    Nuclear Suppliers Group (NSG). The United States and other nations 
in this multilateral control regime have agreed to guidelines for 
restricting the export or reexport of items with nuclear applications. 
Members include: Argentina, Australia, Austria, Belarus, Belgium, 
Brazil, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Finland, 
France, Germany, Greece, Hungary, Ireland, Italy, Japan, Kazakhstan, 
Latvia, Luxembourg, the Netherlands, New Zealand, Norway,

[[Page 60290]]

Poland, Portugal, Republic of Korea, Romania, Russia, Slovak Republic, 
Slovenia, Spain, South Africa, Sweden, Switzerland, Turkey, Ukraine, 
the United Kingdom, and the United States. See also Sec.  742.3 of the 
EAR.
* * * * *

    Dated: October 15, 2003.
Matthew S. Borman,
Acting Assistant Secretary for Export Administration.
[FR Doc. 03-26563 Filed 10-21-03; 8:45 am]
BILLING CODE 3510-33-P