[Federal Register Volume 70, Number 82 (Friday, April 29, 2005)]
[Rules and Regulations]
[Pages 22247-22250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8535]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740, 742, 748, 762, and 764

[Docket No. 050408099-5099-01]
RIN [0694-AD48]


Revised Contact Information, Nomenclature Change and Correction 
of Citation Error

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This rule revises delivery addresses, telephone and facsimile 
numbers; makes a nomenclature change, and corrects a citation error. 
This rule revises the delivery address for the ENC Encryption Request 
Coordinator and the office within BIS that receives encryption review 
requests and reports. The rule also revises the facsimile number for 
the Office of Exporter Services, corrects the name of the Outreach and 
Educational Services Division, revises the office to which a voluntary 
self-disclosure may be sent, revises the title and address of the 
official to whom a voluntary self-disclosure may be sent, and corrects 
a citation error. These actions are being taken to reflect the 
reorganization or movement of certain offices or functions, and to 
correct an error in the regulations. This action is not intended to 
have a substantive effect on the rights or obligations of the public.

DATES: This rule is effective April 29, 2005.

ADDRESSES: Send comments concerning this rule to [email protected], fax 
(202) 482-3355, or to Regulatory Policy Division, Bureau of Industry 
and Security, Room H2705, U.S. Department of Commerce, Washington DC, 
20230. Please refer to regulatory identification number (RIN) 0694-AD48 
in all comments, and in the subject line of e-mail comments.

FOR FURTHER INFORMATION CONTACT: William Arvin, Office of Exporter 
Services, Bureau of Industry and Security, Telephone: (202) 482-2440, 
Email: [email protected].

SUPPLEMENTARY INFORMATION: This rule makes administrative changes and 
corrections to the Export Administration Regulations (EAR) as described 
below.
    The EAR require that certain encryption review requests and reports 
be submitted to the ENC Encryption Request Coordinator located in Fort 
Meade, Maryland and to BIS. This rule

[[Page 22248]]

revises two delivery addresses and one name for such deliveries. Those 
addresses and name are:
     The suite number in the address of the ENC Encryption 
Request Coordinator is changed from 6131 to 6940 in Sec.  740.8(b)(2)--
(classification requests related to key escrow and key recovery 
products pursuant to License Exception Key Management Infrastructure 
(KMI)), Sec.  740.17(e)(5)(ii)--(submission of semi-annual reports 
required pursuant to License Exception ENC), and Supp. No. 6 to Part 
742 (Guidelines for submitting review requests for encryption items) to 
reflect a recent move by that organization;
     The name KMI Encryption Request Coordinator in Sec.  
740.8(b)(2) is changed to ENC Encryption Request Coordinator to reflect 
the current name of that organization; and
     The room number for deliveries to BIS's Information 
Technology Controls Division is changed from 2625 to 2093 in Supplement 
No. 6 to Part 742.
    This rule revises the facsimile number that appears n Sec.  
748.4(h) (requests for emergency processing of export and reexport 
license applications) and in Sec.  748.2(a) (requests for BIS forms 
from the Washington, DC facility of the Office of Exporter Services) to 
read ``(202) 482-2927''. This rule also corrects the name of the 
Outreach and Educational Services Division in Sec.  730.8 and Sec.  
748.2.
    This rule removes the Office of Export Enforcement (OEE) field 
offices from the list of locations at which to make voluntary 
disclosures in Sec.  764.5(c)(7). All such disclosures will have to be 
made to OEE headquarters. The rule also revises title of the 
headquarters official as well as the headquarters address, telephone 
number, and facsimile number to use when making such disclosures.
    This rule corrects a citation error in Sec.  762.1(a)(4) by 
revising the reference to Sec.  734.2(b)(7) to read Sec.  736.2(b)(7) 
because the latter rather than the former mentions the actions related 
to proliferation activities to which Sec.  762.1(a)(4) refers.
    Although the Export Administration Act expired on August 20, 2001, 
Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp., p. 783 
(2002)), as extended by the Notice of August 6, 2004, 69 FR 48763 
(August 10, 2004) continues the Regulations in effect under the 
International Emergency Economic Powers Act.

Rulemaking Requirements

    1. This 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 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 collections of information subject 
to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et. seq.). These 
collections have been approved by Office of Management and Budget under 
control number 0694-0088, ``Multi-Purpose Application,'' which carries 
a burden hour estimate of 58 minutes for a manual or electronic 
submission, control number 0694-0104 ``Encryption Items Under the 
Jurisdiction of the Department of Commerce, Forms BIS 742R and 742S'' 
which carries a total estimated annual burden of 2,830 hours among an 
estimated 680 respondents, and 0694-0058 ``Procedure for Voluntary 
Self-Disclosure of Violations'' which carries a total estimated annual 
burden estimate of 670 hours. BIS believes that this rule will not 
materially affect the burden imposed by any of these collections. Send 
comments regarding these burden estimates or any other aspect of these 
collections 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 Office of Administration, Bureau of Industry and Security, 
Department of Commerce, 14th and Pennsylvania Avenue, NW., Room 6883, 
Washington, DC 20230.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under E.O. 13132.
    4. The Department finds that there is good cause under 5 U.S.C. 
553(b)(B) to waive the provisions of the Administrative Procedure Act 
requiring prior notice and the opportunity for public comment because 
it is unnecessary. The changes made by this rule are not substantive 
changes. This regulation revises delivery addresses and telephone and 
facsimile numbers, corrects citation errors, and removes a redundant 
notification requirement. The revisions made by this rule are 
administrative in nature and does not affect the rights or obligations 
of the public. Because these revisions are not substantive changes to 
the EAR, it is unnecessary to provide notice and opportunity for public 
comment. 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. This rule only revises two delivery addresses for certain review 
requests and reports, changes the facsimile number for an office, 
corrects the name of a division, revises the location for filing a 
voluntary self-disclosure, and corrects a citation error. It is purely 
administrative in nature and does not affect the rights of the public. 
No other law requires that a notice of proposed rulemaking and an 
opportunity for public comment be given for this rule.
    Because notice of proposed rulemaking and opportunity for public 
comment are not required to be given for this rule under the 
Administrative Procedure Act or by any other law, 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 Parts 740 and 748

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

15 CFR Part 742

    Exports, terrorism.

15 CFR Part 762

    Administrative practice and procedure, Business and Industry, 
Confidential business information, Exports, Reporting and recordkeeping 
requirements.

15 CFR Part 764

    Administrative practice and procedure, Exports, Law enforcement, 
Penalties.

0
Accordingly, parts 730, 740, 742, 748, 762, and 764 of the Export 
Administration Regulations (15 CFR Parts 730-799) are amended as 
follows:

PART 730--[AMENDED]

0
1. The authority citation for part 730 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. 2151 note, Pub. L. 108-175; 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. 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

[[Page 22249]]

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 August 6, 2004, 69 FR 48763 (August 
10, 2004); Notice of November 4, 2004, 69 FR 64637 (November 8, 
2004).


0
2. In Sec.  730.8, revise paragraph (c) to read as follows:


Sec.  730.8  How to proceed and where to get help.

* * * * *
    (c) Where to get help. Throughout the EAR you will find information 
on offices you can contact for various purposes and types of 
information. 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 Exporter 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
Western Regional Office, U.S. Department of Commerce, 3300 Irvine 
Avenue, Suite 345, Newport Beach, California 92660, Tel: (949) 660-
0144, Fax: (949) 660-9347, and
U.S. Export Assistance Center, Bureau of Industry and Security, 152 
N. Third Street, Suite 550, San Jose, California 95112-5591, Tel: 
(408) 998-7402, Fax: (408) 998-7470.

PART 740--[AMENDED]

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

0
4. In Sec.  740.8, revise the second sentence of paragraph (b)(2) to 
read as follows:


Sec.  740.8  Key management infrastructure (KMI)

* * * * *
    (b) * * *
    (2) * * * Submit the original request to BIS in accordance with 
Sec.  748.3 of the EAR and send a copy of the request to:

    Attn: ENC Encryption Request Coordinator, 9800 Savage Road, 
Suite 6940, Fort Meade, MD 20755-6000.
* * * * *

0
5. In Sec.  740.17, revise paragraph (e)(5)(ii) to read as follows:


Sec.  740.17  Encryption commodities and software (ENC).

* * * * *
    (e) * * *
    (5) * * *
    (ii) Attn: ENC Encryption Request Coordinator, 9800 Savage Road, 
Suite 6940, Ft. Meade, MD 20755-6000.
* * * * *

PART 742--[AMENDED]

0
6. The authority citation for 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 August 6, 2004, 69 FR 
48763 (August 10, 2004); Notice of November 4, 2004, 69 FR 64637 
(November 8, 2004).


0
7. In Supplement No. 6 to Part 742, revise the fifth and sixth 
sentences of the introductory paragraph to read as follows:

Supplement No. 6 to Part 742--Guidelines for Submitting Review Requests 
for Encryption Items

    * * * For electronic submissions via SNAP, you may fax a copy of 
the support documents to BIS at (202) 219-9179 or -9182 or you may send 
the documents to: Bureau of Industry and Security, Information 
Technology Controls Division, Room 2093, 14th Street and Pennsylvania 
Ave., NW., Washington, DC 20230. In addition, you must send a copy of 
your review request and all support documents to: Attn: ENC Encryption 
Request Coordinator, 9800 Savage Road, Suite 6940, Fort Meade, MD 
20755-6000. * * *
* * * * *

PART 748--[AMENDED]

0
8. The authority citation for part 748 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et. seq.; 50 U.S.C. 1701 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 August 6, 
2004, 69 FR 48763 (August 10, 2004).


0
9. In Sec.  748.2 revise paragraph (a) to read as follows:


Sec.  748.2  Obtaining forms; mailing addresses.

    (a) You may obtain the forms required by the EAR from any U.S. 
Department of Commerce District Office; or in person or by telephone or 
facsimile from the following BIS offices:

Outreach and Educational Services Division, U.S. Department of 
Commerce, 14th Street and Pennsylvania Ave., NW., Room H1099D, 
Washington, DC 20230, Tel: (202) 482-4811, Fax: (202) 482-2927, or
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, or
U.S. Export Assistance Center, Bureau of Industry and Security, 152 
N. Third Street, Suite 550, San Jose, CA 95112-5591, Tel: (408) 998-
7402, Fax: (408) 998-7470.
* * * * *

0
10. In Sec.  748.4, revise the first sentence of paragraph (h) to read 
as follows:


Sec.  748.4  Basic guidance related to applying for a license.

* * * * *
    (h) Emergency processing. Applicants may request emergency 
processing of license applications by contacting the Outreach and 
Educational Services Division of the Office of Exporter Services by 
telephone on (202) 482-4811 or by facsimile on (202) 482-2927. * * *

PART 762--[AMENDED]

0
11. The authority citation for part 762 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 
6, 2004, 69 FR 48763 (August 10, 2004).


0
12. In Sec.  762.1, revise the first sentence of paragraph (a)(4) to 
read as follows:


Sec.  762.1  Scope.

* * * * *
    (a) * * *
    (4) Any other transactions subject to the EAR, including, but not 
limited to, the prohibitions against servicing, forwarding and other 
actions for or on behalf of end-users of proliferation concern 
contained in Sec. Sec.  736.2(b)(7) and 744.6 of the EAR. * * *
* * * * *

PART 764--[AMENDED]

0
13 . The authority citation for part 764 is revised to read as follows:


[[Page 22250]]


    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 6, 2004, 69 FR 48763 (August 10, 2004).


0
14. In Sec.  764.5 revise paragraph (c)(7) to read as follows:


Sec.  764.5  Voluntary self-disclosure.

* * * * *
    (c) * * *
    (7) Where to make voluntary self-disclosures. The information 
constituting a voluntary self-disclosure or any other correspondence 
pertaining to a voluntary self-disclosure may be submitted to: 
Director, Office of Export Enforcement, 1401 Constitution Ave., Room 
H4514, Washington, DC 20230, Tel: (202) 482-5036, Facsimile: (202) 482-
5889.
* * * * *

    Dated: April 21, 2005.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 05-8535 Filed 4-28-05; 8:45 am]
BILLING CODE 3510-33-U