[Federal Register Volume 70, Number 110 (Thursday, June 9, 2005)]
[Rules and Regulations]
[Pages 33693-33694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11418]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 041222360-5141-02]
RIN [0694-AD24]


Licensing Policy for Entities Sanctioned Under Specified 
Statutes; License Requirement for Certain Sanctioned Entities; and 
Imposition of License Requirement for Tula Instrument Design Bureau

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This document makes final, without change, a previously 
published interim final rule that stated the Bureau of Industry and 
Security's licensing policy regarding transactions involving entities 
sanctioned by the State Department under three specified statutes, 
imposed a new license requirement for certain entities sanctioned by 
the State Department, and identified one specific entity subject to 
this new license requirement, Tula Instrument Design Bureau of Russia.

DATES: Effective date: June 9, 2005.

FOR FURTHER INFORMATION CONTACT: William Arvin, Regulatory Policy 
Division, Office of Exporter Services at [email protected] or 202-482-
2440.

SUPPLEMENTARY INFORMATION: On March 7, 2005, the Bureau of Industry and 
Security (BIS) published an interim final rule with a request for 
comments. The comment period expired on May 6, 2005. BIS received no 
comments on the interim final rule and is now adopting it without 
change in this final rule.
    The interim final rule of March 7 set forth BIS's licensing policy 
for entities subject to sanctions imposed by the State Department under 
the Iran-Iraq Arms Nonproliferation Act of 1992 (Pub. L. 102-484), the 
Iran Nonproliferation Act of 2000 (Pub. L. 107-178) and section 
11B(b)(1) of the Export Administration Act of 1979 (also known as the 
Missile Technology Control Act of 1990). The interim final rule also 
imposed a new license requirement for certain entities sanctioned by 
the State Department, and identified one specific entity, Tula 
Instrument Design Bureau of Russia (Tula), subject to this new license 
requirement. The interim final rule placed Tula on the Entity List (15 
CFR part 744, supp. No. 4), thereby informing the public that a license 
is required to export or reexport to Tula any item subject to the EAR 
other than EAR99 items, that License Exceptions may not be used for 
exports or reexport to Tula, and that BIS's policy is generally to deny 
applications for licenses to export or reexport such items to Tula.
    The interim final rule requested comments no later than May 6, 
2005. BIS has received no comments on the interim final and is now 
adopting it without change in this final rule. In doing so, BIS is not 
negating or in any way modifying the changes to the Entity List made 
subsequent to the March 7, 2005 publication of the interim final rule 
and prior to publication of this final rule. Specifically, the 
additions to the Entity List at 70 FR 11861 (March 10, 2005) are 
unaffected by this final rule.
    Although the Export Administration Act of 1979 (EAA), as amended, 
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 EAR in effect under 
the International Emergency Economic Powers Act (IEEPA).

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 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

[[Page 33694]]

et seq.) (PRA), unless that collection of information displays a 
currently valid Office of Management and Budget (OMB) Control Number. 
This regulation involves collections previously approved by the OMB 
under control numbers 0694-0088, ``Multi-Purpose Application,'' which 
carries a burden hour estimate of 58 minutes to prepare and submit form 
BIS-748. Miscellaneous and recordkeeping activities account for 12 
minutes per submission.
    Burden hours associated with the Paperwork Reduction Act and Office 
and Management and Budget control number 0694-0088 are not impacted by 
this regulation. Send comments regarding these burden estimates or any 
other aspect of these collections of information, including suggestions 
for reducing the burden, to David Rostker, OMB Desk Officer, by e-mail 
at [email protected] or by fax to (202) 395-7285; and to the 
Regulatory Policy Division, Bureau of Industry and Security, Department 
of Commerce, P.O. 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 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 not applicable.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.


0
Accordingly, BIS adopts, without change, the interim final rule 
published at 70 FR 10865, March 7, 2005 as a final rule.

    Dated: June 3, 2005.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 05-11418 Filed 6-8-05; 8:45 am]
BILLING CODE 3510-33-P