[Federal Register Volume 71, Number 172 (Wednesday, September 6, 2006)]
[Rules and Regulations]
[Pages 52428-52429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14739]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 060714193-6193-01]
RIN 0694-AD65


Revisions to the Export Administration Regulations Based on the 
2005 Missile Technology Control Regime Plenary Agreements; Correction

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Correcting amendment.

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SUMMARY: The Bureau of Industry and Security (BIS) published a final 
rule in the Federal Register on Monday, July 31, 2006 (71 FR 43043) 
that amended the Export Administration Regulations (EAR) to reflect 
changes to the Missile Technology Control Regime (MTCR) Annex that were 
agreed to by MTCR member countries at the September 2005 Plenary in 
Madrid, Spain. The July 31, 2006, final rule contained an error in the 
amendatory language for ECCN 9A120. This document corrects that error 
by revising that section.

DATES: Effective Date: This rule is effective: July 31, 2006.

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-AD65 in all comments, 
and in the subject line of e-mail comments. Comments on the collection 
of information should be sent to David Rostker, Office of Management 
and Budget (OMB), by e-mail to [email protected], or by fax to 
(202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Timothy Mooney, Office of Exporter 
Services, Bureau of Industry and Security, Telephone (202) 482-2440, 
for technical or Missile Technology Control Regime related questions 
contact Michael E. Rithmire, Nuclear and Missile Technology Controls 
Division, Bureau of Industry and Security, Telephone: (202) 482-6105.

SUPPLEMENTARY INFORMATION:

Background

    This document corrects an inadvertent error in the final rule that 
was published by the Bureau of Industry and Security (BIS) on July 31, 
2006 (71 FR 43043). In the July 31, 2006, final rule, the amendatory 
instruction for ECCN 9A120 did not specify that the heading of the ECCN 
should be revised as set forth in the regulatory text for that ECCN. 
The regulatory text in the July 31, 2006 final rule contained the 
following heading for ECCN 9A120: ``Complete unmanned aerial vehicles, 
not specified in 9A012, having all of the following:'' This document 
corrects ECCN 9A120 by revising the heading to include the phrase ``not 
specified in 9A012, having all of the following:''.
    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 3, 2006, 
71 FR 44551 (August 7, 2006), has continued the Export Administration 
Regulations in effect under the International Emergency Economic Powers 
Act.

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 contains 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. BIS anticipates a slight decrease in license applications 
submitted as a result of this rule.

[[Page 52429]]

    3. This rule does not contain policies with Federalism implications 
as that term is defined under E.O. 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 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. 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 Timothy Mooney, 
Office of Exporter Services, Bureau of Industry and Security, 
Department of Commerce, P.O. Box 273, Washington, DC 20044.

List of Subjects in 15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.


0
Accordingly, part 774 of the Export Administration Regulations (15 CFR 
parts 730-799) is corrected by making the following correcting 
amendment:

PART 774--[CORRECTED]

0
1. The authority citation for 15 CFR part 774 is revised 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 3, 2006, 71 FR 44551 (August 7, 2006).

0
2. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Propulsion Systems, Space Vehicles and Related Equipment, 
Export Control Classification Number (ECCN) 9A120 is amended by 
revising the heading to read as follows:

Supplement No. 1 to Part 774--The Commerce Control List

* * * * *
    9A120 Complete unmanned aerial vehicles, not specified in 9A012, 
having all of the following:
* * * * *

Eileen Albanese,
Director, Office of Exporter Services.
[FR Doc. E6-14739 Filed 9-5-06; 8:45 am]
BILLING CODE 3510-33-P