[Federal Register Volume 70, Number 209 (Monday, October 31, 2005)]
[Rules and Regulations]
[Pages 62237-62238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21351]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 736

[Docket No. 050803216-5216-01]
RIN 0694-AD30


Technical Correction

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; correction.

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SUMMARY: On September 16, 2005, the Bureau of Industry and Security 
published a final rule that amended the Export Administration 
Regulations by making several revisions and clarifications. This 
document corrects an inadvertent error that the final rule made in 
redesignating several paragraphs. This correction ensures that 
paragraphs in Supplement No. 2 to part 736 of the Export Administration 
Regulations are consistently designated.

DATES: This rule is effective October 31, 2005.

ADDRESSES: Although this is a final rule, comments are welcome and 
should be sent 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-AD30 in all comments, 
and in the subject line of email comments.

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

SUPPLEMENTARY INFORMATION: This document corrects an inadvertent error 
in the final rule that was published by the Bureau of Industry and 
Security (BIS) on Friday, September 16, 2005 (70 FR 54626). The 
September 16, 2005 final rule amended the Export Administration 
Regulations (EAR) by, among other things, deleting a redundant 
paragraph and redesignating the remaining paragraphs in Administrative 
Order No. 2, Supplement No. 2 to part 736 of the EAR. The September 16, 
2005 rule contained an inadvertent error in the amendatory text. 
Specifically, the final rule redesignated some paragraphs in Supplement 
No. 2 to part 736 of the EAR, but failed to redesignate all of them. To 
fix this inadvertent error, this document inserts amendatory text on 
page 54628 of the Federal Register of Friday, September 16, 2005, to 
redesignate the capital letter subparagraphs in Supplement No. 2 to 
part 736 of the EAR to the roman numeral level. This change will ensure 
that all relevant paragraphs in Supplement No. 2 to part 736 will be 
properly designated.

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 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 a collection of information 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, ``Multi-Purpose Application,'' which 
carries a burden hour estimate of 58 minutes for a manual or electronic 
submission. Send comments regarding these burden estimates or any other 
aspect of these

[[Page 62238]]

collections of information, including suggestions for reducing the 
burden, to David Rostker, Office of Management and Budget (OMB), by 
email 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)(3) to waive the provisions of the Administrative Procedure Act 
requiring prior notice and the opportunity for public comment because 
it is unnecessary. This regulation deletes a redundant paragraph and 
redesignates the remaining paragraphs in one section for clarity; 
inserts material inadvertently omitted from previous rules in three 
places in the EAR; clarifies instructions for applying for 
authorization to transfer items subject to the EAR in-country; adds an 
alias for a listed entity on the Entity List; and removes references to 
two ECCNs that do not exist. The revisions made by this rule are 
administrative in nature and do not affect the rights and 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 
U.S.C. 553(d) is not applicable because this rule is not a substantive 
rule. 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 in 15 CFR Part 736

    Exports.


0
Accordingly, for the reasons set out in the preamble, 15 CFR part 736 
is amended as follows:
0
1. The authority citation for part 736 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. 2151 (note), Pub. L. 108-175; E.O. 12938, 59 FR 59099, 3 
CFR, 1994 Comp., p. 950; 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. 
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 
26751, 3 CFR, 2004 Comp., p. 168; Notice of November 4, 2004, 69 FR 
64637, 3 CFR, 2004 Comp., p. 303; Notice of August 2, 2005, 70 FR 
45273 (August 5, 2005).

SUPPLEMENT NO. 2 TO PART 736--[CORRECTED]

0
2. Supplement No. 2 to part 736, is amended in ``Administrative Order 
Two'' by:
0
a. Redesignating paragraphs (a)(2)(A) through (E) as paragraphs 
(a)(2)(i) through (v), respectively; and
0
b. Redesignating paragraphs (a)(3)(A) through (D) as paragraphs 
(a)(3)(i) through (iv), respectively.

    Dated: October 20, 2005.
Eileen Albanese,
Director, Office of Exporter Services.
[FR Doc. 05-21351 Filed 10-28-05; 8:45 am]
BILLING CODE 3510-33-P