[Federal Register Volume 71, Number 37 (Friday, February 24, 2006)]
[Rules and Regulations]
[Pages 9441-9442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1709]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 742 and 746

[Docket No. 051230351-5351-01]
RIN 0694-AD68


Clarification to the Export Administration Regulations; General 
Order to Implement the Syria Accountability and Lebanese Sovereignty 
Act

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security publishes this final rule 
to amend the Export Administration Regulations (EAR) by adding two 
cross-references to the General Order Implementing the Syria 
Accountability and Lebanese Sovereignty Act (Syria General Order). This 
amendment clarifies that provisions of the Syria General Order set 
forth special controls on exports and reexports to Syria and supersede 
other provisions in the EAR specific to Syria.

DATES: This rule is effective February 24, 2006.

ADDRESSES: Send comments regarding the Paperwork Reduction Act burden 
estimates or any other aspect of the collection of information affected 
by this rule to David Rostker, OMB Desk Officer, by e-mail at david--
[email protected] or by fax to 202-395-7285; with a copy to the 
Regulatory Policy Division, Bureau of Industry and Security at one of 
the addresses below. Send comments concerning any other aspect of this 
rule via e-mail to [email protected], via fax to 202-482-3355 or to the 
Bureau of Industry and Security, Office of Exporter Services, 
Regulatory Policy Division, Room H2017, U.S. Department of Commerce, 
Washington, DC 20230. Please refer to RIN 0694-AD68 in all comments.

FOR FURTHER INFORMATION CONTACT: Sheila Quarterman, Bureau of Industry 
and Security, Office of Exporter Services, Regulatory Policy Division, 
by phone at 202-482-2440 or by fax 202-482-3355.

SUPPLEMENTARY INFORMATION:

Background

    On May 14, 2004 the Bureau of Industry and Security issued General 
Order Implementing Syria Accountability and Lebanese Sovereignty Act of 
2003 (Syria General Order) consistent with Executive Order 13338 of May 
11, 2004. Pursuant to the Syria General Order, exports and reexports of 
all items subject to the Export Administration Regulations (EAR) (15 
CFR 730 et seq.), except food and medicine classified as EAR99 and 
``deemed export'' and ``deemed reexport'' of EAR99 technology or source 
code, require a license to Syria (medicine is defined in Part 772 of 
the EAR). All license applications for exports or reexports to Syria 
are subject to a general policy of denial, other than particular 
transactions described in the General Order.
    The Syria General Order is set forth in Supplement No. 1 to Part 
736 of the EAR as General Order No. 2. In response to a suggestion by 
exporters, this final rule clarifies that the Syria General Order sets 
forth special controls on exports and reexports to Syria and supersedes 
other provisions in the EAR specific to Syria by adding two cross 
references to the Syria General Order in parts 742 and 746 of the EAR. 
Specifically, this final rule adds a new paragraph (e) to section 742.9 
``Anti-terrorism: Syria'', and adds new section 746.9, ``Syria,'' to 
part 746--Embargoes and Other Special Controls.
    Although the Export Administration Act expired on August 20, 2001, 
the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 
2001 Comp., p. 783 (2002), as extended by the Notice of August 2, 2005, 
70 FR 45273 (August 5, 2005), has continued the Export Administration 
Regulations in effect under the International Emergency Economic Powers 
Act.

[[Page 9442]]

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. BIS believes that this rule will not materially affect the 
burden imposed by this collections.
    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 merely provide greater 
clarity by including cross-references to interrelated provisions of 
existing regulations. In particular, the Syria General Order, published 
in May of 2004, modified the regulatory treatment of exports and 
reexports to Syria. This rule inserts references to the General Order 
into existing Syria specific provisions of the EAR to ensure that the 
public is aware of the existence of the Syria General Order. Therefore 
because the changes made by this rule are not substantive, 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.
    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 742

    Exports, Terrorism.

15 CFR Part 746

    Exports, Foreign trade.

0
Accordingly, parts 742 and 746 of the Export Administration Regulations 
(15 CFR parts 730--799) are amended as follows:

PART 742--[AMENDED]

0
1. 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 2, 2005, 70 FR 
45273 (August 5, 2005); Notice of October 25, 2005, 70 FR 62027 
(October 27, 2005).


0
2. Section 742.9 is amended to add a new paragraph (e) as follows:


Sec.  742.9  Anti-terrorism: Syria.

* * * * *
    (e) General Order No. 2, Supplement No. 1 to part 736 of the EAR, 
sets forth special controls for exports and reexports to Syria. General 
Order No. 2 supersedes the provisions of paragraphs (a) through (d) of 
this section.

PART 746--[AMENDED]

0
3. The authority citation for part 746 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. 287c; Sec 1503, Pub. L. 108-11,117 Stat. 559; 22 U.S.C. 
6004; Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 
12854, 58 FR 36587, 3 CFR 1993 Comp., p. 614; E.O. 12918, 59 FR 
28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222, 3 CFR, 2001 Comp., p. 
783; Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, 
May 16, 2003; Notice of August 2, 2005, 70 FR 45273 (August 5, 
2005).


0
4. New section 746.9 is added to read as follows:


Sec.  746.9  Syria.

    General Order No. 2, Supplement No. 1 to part 736 of the EAR, sets 
forth special controls for exports and reexports to Syria.

    Dated: February 14, 2006.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc.06-1709 Filed 2-23-06; 8:45 am]
BILLING CODE 3510-33-P