[Federal Register Volume 70, Number 9 (Thursday, January 13, 2005)]
[Rules and Regulations]
[Pages 2348-2350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-719]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 742 and 774

[Docket No. 041221359-5005-02]
RIN 0694-AD25


Implementation of the Understandings Reached at the June 2004 
Australia Group (AG) Plenary Meeting and Through a Subsequent AG 
Intersessional Decision; Correction

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; correction.

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SUMMARY: On Wednesday, December 29, 2004, the Bureau of Industry and

[[Page 2349]]

Security (BIS) published a final rule that amended the Export 
Administration Regulations (EAR) to implement the understandings 
reached at the June 2004 plenary meeting of the Australia Group (AG) 
and through a subsequent AG intersessional decision. The December 29, 
2004, final rule contained a typographical error in the description of 
the AG-related license requirements in the EAR, as well as an error in 
the amendatory language for ECCN 2B351, which controls certain toxic 
gas monitoring systems and dedicated detectors therefor. This document 
corrects those errors.

DATES: This rule is effective January 13, 2005.

FOR FURTHER INFORMATION CONTACT: For questions of a general nature, 
contact Willard Fisher, Regulatory Policy Division, Office of Exporter 
Services, Bureau of Industry and Security at (202) 482-2440 or e-mail 
[email protected]. For questions concerning the AG-related license 
requirements in the EAR, contact Douglas Brown, Office of 
Nonproliferation Controls and Treaty Compliance, Bureau of Industry and 
Security, Telephone: (202) 482-7900.

SUPPLEMENTARY INFORMATION:

Background

    This document corrects the errors contained in the final rule that 
was published by the Bureau of Industry and Security (BIS) on December 
29, 2004 (69 FR 77890). The December 29, 2004, final rule amended the 
Export Administration Regulations (EAR) to implement the understandings 
reached at, and subsequent to, the annual plenary meeting of the 
Australia Group (AG) that was held in Paris on June 7-10, 2004.
    Specifically, this document corrects a minor typographical error 
contained in Sec.  742.2, which describes the AG-related license 
requirements in the EAR. This document corrects paragraph (a)(3)(i) in 
Sec.  742.2 of the EAR by replacing the period at the end of the 
paragraph with a semicolon.
    This document also corrects an error contained in Export Control 
Classification Number (ECCN) 2B351 on the Commerce Control List (CCL) 
(Supplement No. 1 to Part 774 of the EAR). In the December 29, 2004, 
final rule, the amendatory instruction for ECCN 2B351 did not specify 
that the heading of the ECCN should be revised to read as set forth in 
the regulatory text for that ECCN. The regulatory text in the December 
29, 2004, final rule contained the following revised heading for ECCN 
2B351: ``Toxic gas monitoring systems that operate on-line and 
dedicated detectors therefor, except those systems and detectors 
controlled by ECCN 1A004.c.'' This document corrects ECCN 2B351 by 
revising the heading to include the phrase that excludes systems and 
detectors controlled by ECCN 1A004.c.

Rulemaking Requirements

    1. This rule has been determined to be not significant 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 of 1995 (44 U.S.C. 3501 et 
seq.) (PRA), unless that collection of information displays a currently 
valid Office of Management and Budget (OMB) Control Number. This rule 
contains a collection of information subject to the requirements of the 
PRA. This collection has been approved by OMB under Control Number 
0694-0088 (Multi-Purpose Application), which carries a burden hour 
estimate of 58 minutes to prepare and submit form BIS-748. Send 
comments regarding this burden estimate or any other aspect of this 
collection of information, including suggestions for reducing the 
burden, to David Rostker, Office of Management and Budget (OMB), by e-
mail to [email protected], or by fax to (202) 395-7285; and to 
the Regulatory Policy Division, Bureau of Industry and Security, 
Department of Commerce, PO Box 273, Washington, DC 20044.
    3. This rule does not contain policies with Federalism implications 
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring notice of proposed rulemaking, the opportunity for 
public participation, and a delay in effective date, are inapplicable 
because this regulation involves a military and foreign affairs 
function of the United States (5 U.S.C. 553(a)(1)). Further, no other 
law requires that a notice of proposed rulemaking and an opportunity 
for public comment be given for this final rule. Because a notice of 
proposed rulemaking and an opportunity for public comment are not 
required to be given for this rule under 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 not applicable.
    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 Willard 
Fisher, Regulatory Policy Division, Bureau of Industry and Security, 
U.S. Department of Commerce, Room 2705, 14th Street and Pennsylvania 
Avenue, NW., Washington, DC 20230.

List of Subjects

15 CFR Part 742

    Exports, Foreign trade.

15 CFR Part 774

    Exports, Foreign trade, Reporting and recordkeeping requirements.


0
Accordingly, parts 742 and 774 of the Export Administration Regulations 
(15 CFR parts 730-799) are amended as follows:

PART 742--[CORRECTED]

0
1. The authority citation for 15 CFR part 742 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
18 U.S.C. 2510 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 
Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; 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 October 29, 2003, 68 FR 
62209, 3 CFR, 2003 Comp., p. 347; Notice of August 6, 2004, 69 FR 
48763 (August 10, 2004).


Sec.  742.2  [Amended]


0
2. Section 742.2 is amended by removing the period (``.'') at the end 
of paragraph (a)(3)(i) and adding a semicolon (``;'') at the end of the 
paragraph.

PART 774--[CORRECTED]

0
3. The authority citation for 15 CFR 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. 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 6, 2004, 69 FR 48763 (August 10, 2004).

Supplement No. 1 to Part 774 [Amended]

0
4. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 2--Materials Processing, ECCN 2B351 is

[[Page 2350]]

amended by revising the ECCN heading to read as follows:

    2B351 Toxic gas monitoring systems that operate on-line and 
dedicated detectors therefor, except those systems and detectors 
controlled by ECCN 1A004.c.
* * * * *

    Dated: January 10, 2005.
Eileen Albanese,
Director, Office of Exporter Services.
[FR Doc. 05-719 Filed 1-12-05; 8:45 am]
BILLING CODE 3510-33-P