[Federal Register Volume 72, Number 18 (Monday, January 29, 2007)]
[Rules and Regulations]
[Pages 3943-3946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1336]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 700, 730, 734, 740, 748, 758 and 762

[Docket No. 061212330-6330-01]
RIN 0694-AD88


Technical Corrections to the Export Administration Regulations 
and to the Defense Priorities and Allocations System (DPAS) Regulation

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; technical corrections.

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SUMMARY: The Bureau of Industry and Security (BIS) is amending the 
Export Administration Regulations (EAR), in Subchapter C, to remove an 
outdated reference to another agency's schedule that is no longer used 
by that other agency; to remove an outdated reference to another 
department's regulations and replace it with the department name and 
regulatory reference that is currently in use; to correct two 
references in the EAR that inadvertently directed the public to the 
wrong sections of the EAR for further information; and to correct 
contact information listed in the EAR for one (1) telephone number; one 
(1) fax number; one (1) e-mail address; and two (2) addresses to this 
rule adds an e-mail address, fax number, and address to clarify for the 
public where de minimis reports should be sent, when required by the 
EAR.
    BIS is also correcting a typographical error in a final rule 
published in the Federal Register on July 13, 2006 (71 FR 39526) that 
made administrative and technical corrections to the Defense Priorities 
and Allocations System (DPAS) Regulation (15 CFR part 700).

DATES: Effective Date: This rule is effective: January 29, 2007.

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-AD88 in all comments, 
and in the subject line of email 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: For Export Administration Regulation 
related questions contact Timothy Mooney, Office of Exporter Services, 
Bureau of Industry and Security, Telephone: (202) 482-2440. For Defense 
Priorities and Allocations System (DPAS) Regulation related questions 
contact Liam McMenamin, Office of Strategic Industries and Economic 
Security, Bureau of Industry and Security, U.S. Department of Commerce, 
Telephone: (202) 482-2233.

SUPPLEMENTARY INFORMATION: This rule makes the following technical 
corrections to the Export Administration Regulations (EAR):
    In Sec.  734.2 (Important EAR terms and principles), this rule 
removes an outdated reference to schedule ``E'' issued by the Bureau of 
Census in paragraph (b)(8), because schedule ``E'' has not existed 
since 1989. Schedule ``C'' remains in existence and will continue to be 
listed in paragraph (b)(8) to provide a reference for the public for 
the Classification of Country and Territory Designations for U.S. 
Export Statistics, issued by the Bureau of the Census.
    In Supplement No. 2 to Part 734 (Calculation of Values for De 
minimis Rules), this rule revises paragraph (b)(5) and adds new 
paragraphs (b)(5)(i), (b)(5)(ii) and (b)(5)(iii) to add an e-mail 
address, fax number, and address, respectively, to clarify for the 
public where de minimis reports should be sent when required by the EAR 
and the methods of delivery available.
    In Sec.  740.12 (Gift Parcels and Humanitarian Donations (GFT)), 
this rule corrects an outdated EAR reference in the ``note to paragraph 
(a)'', that directed the public to Sec.  748.9(e) of the EAR for 
licensing of multiple gift parcels. The correct EAR reference, which 
this rule adds to the note to paragraph (a), is Sec.  748.8(d). To 
further assist the public, this rule also adds to the note to paragraph 
(a) a reference, to Supplement No. 2 to Part 748 paragraph (d), for 
additional information regarding gift parcels.
    In Sec.  740.14 (Baggage (BAG)), this rule removes an outdated 
reference in paragraph (e)(2) to the ``Department of Treasury 
Regulations (27 CFR 178.115(d)),'' because these regulations were 
renumbered from Part 178 to Part 478 when the law enforcement functions 
of Alcohol, Tobacco and Firearms (ATF) under the Department of the 
Treasury were transferred to the Department of Justice, effective 
January 24, 2003. To conform with these changes, this rule removes the 
reference to ``the Department of Treasury's Regulations (27 CFR 
178.115(d))'', and adds the updated reference to

[[Page 3944]]

``Department of Justice Regulations (27 CFR 478.115(d))''.
    In Sec.  748.2 (Obtaining Forms; Mailing Addresses), this rule 
corrects the contact information listed, in the unassigned paragraph of 
paragraph (a), for the Bureau of Industry and Security in San Jose, 
California. The updated contact information for this office is ``Bureau 
of Industry and Security, U.S. Department of Commerce, 96 North 3rd 
Street, Suite 250, San Jose, CA 95112 ; Tel: (408) 291-4212; Fax: (408) 
291-4320''. To conform with this change made in Sec.  748.2(a), this 
rule also corrects Sec.  730.8 (How to proceed and where to get help), 
in paragraph (c), by correcting that same reference to the Bureau of 
Industry and Security in San Jose, California. Also in Sec.  748.2, 
this rule corrects the zip code listed for the Bureau of Industry and 
Security in the second sentence of paragraph (c) by removing the zip 
code ``20044'' and adding the correct zip code ``20230''.
    In Sec.  758.5 (Conformity of Documents and Unloading of Items), 
this rule corrects the e-mail address listed in paragraph (e)(2)(ii) 
for the Regulatory Policy Division. The correct e-mail address, which 
this rule adds to that paragraph, is ``[email protected]''.
    In Sec.  762.6 (Period of Retention), this rule corrects an 
outdated EAR reference in paragraph (b) that, prior to publication of 
this rule, had directed the public to Sec.  765.5(c)(4)(ii) for records 
pertaining to voluntary disclosures. The correct EAR reference, which 
this rule adds to that sentence, is Sec.  764.5(c)(4)(ii).
    This rule also makes the following correction to the Defense 
Priorities and Allocations System (DPAS) Regulation:
    In Schedule I to Part 700--Approved Programs and Delegate Agencies, 
there is a typographical error in the form of the word ``and'' in the 
N5 Approved Program description. This rule corrects the N5 Approved 
Program description to read ``Domestic counter-terrorism, including law 
enforcement.''
    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 (50 U.S.C. 1701-1706 (2000)) (IEEPA).

Rulemaking Requirements

    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. 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 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 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 and to 
the DPAS, 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. 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

15 CFR Part 700

    Administrative practice and procedure, Business and industry, 
Government contracts, National defense, Reporting and recordkeeping 
requirements, Strategic and critical materials.

15 CFR Part 730

    Administrative practice and procedure, Advisory committees, 
Exports, Reporting and recordkeeping requirements, Strategic and 
critical materials.

15 CFR Part 734

    Administrative practice and procedure, Exports, Inventions and 
patents, Research, Science and technology.

15 CFR Part 740 and 758

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

15 CFR Part 748

    Exports, Reporting and recordkeeping requirements.

15 CFR Part 762

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

0
Accordingly, parts 730, 734, 740, 748, 758 and 762 of the Export 
Administration Regulations (15 CFR parts 730-799) and part 700 of the 
Defense Priorities and Allocations System (DPAS) Regulation (15 CFR 
part 700) are amended as follows:

PART 700--[CORRECTED]

0
1. The authority citation for 15 CFR part 700 continues to read as 
follows:

    Authority: Titles I and VII of the Defense Production Act of 
1950, as amended (50 U.S.C. App. 2061, et seq.), Title VI of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5195, et seq.), Executive Order 12919, 59 FR 29525, 3 CFR, 
1994 Comp. 901, and Executive Order 13286, 68 FR 10619, 3 CFR, 2003 
Comp. 166; section 18 of the Selective Service Act of 1948 (50 
U.S.C. App. 468), 10 U.S.C. 2538, 50 U.S.C. 82, and Executive Order 
12742, 56 FR 1079, 3 CFR, 1991 Comp. 309; and Executive Order 12656, 
53 FR 226, 3 CFR, 1988 Comp. 585.

Schedule I to Part 700 [Amended]

0
2. In Schedule I to Part 700--Approved Programs and Delegate Agencies, 
under the ``Approved program'' column, correct ``Domestic and counter-
terrorism, including law

[[Page 3945]]

enforcement'' to read ``Domestic counter-terrorism, including law 
enforcement''.

PART 730--[AMENDED]

0
3. The authority citation for 15 CFR 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); 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 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 3, 
2006, 71 FR 44551 (August 7, 2006); Notice of October 27, 2006, 71 
FR 64109 (October 31, 2006).


0
4. Section 730.8 is amended by revising the undesignated paragraph at 
the end of paragraph (c) for the ``U.S. Export Assistance Center'' to 
read as follows:


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

* * * * *
    (c) * * *
    Bureau of Industry and Security, U.S. Department of Commerce, 96 
North 3rd Street, Suite 250, San Jose, CA 95112, Tel: (408) 291-4212, 
Fax: (408) 291-4320.

PART 734--[AMENDED]

0
5. The authority citation for 15 CFR part 734 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
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; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006); Notice 
of October 27, 2006, 71 FR 64109 (October 31, 2006).


0
6. Section 734.2 is amended by revising the last sentence of paragraph 
(b)(8) to read as follows:


Sec.  734.2  Important EAR terms and principles.

* * * * *
    (b) * * *
    (8) * * * These destinations are listed in Schedule C, 
Classification Codes and Descriptions for U.S. Export Statistics, 
issued by the Bureau of the Census.
* * * * *

0
7. Supplement No. 2 to part 734 is amended by revising paragraph (b)(5) 
to read as follows:

Supplement No. 2 to Part 734--Calculation of Values for De Minimis 
Rules

* * * * *
    (b) * * *
    (5) Report and wait. If you have not been contacted by BIS 
concerning your report within thirty days after filing the report with 
BIS, you may rely upon the calculations in your report and the de 
minimis exclusions for software and technology for so long as you are 
not contacted by BIS. BIS may contact you concerning your report to 
inquire of you further or to indicate that BIS does not accept the 
assumptions or rationale for your calculations. If you receive such a 
contact or communication from BIS, you may not rely upon the de minimis 
exclusions for software and technology in Sec.  734.4 of this part 
until BIS has indicated whether or not you may do so in the future. You 
must include in your report the name, title, address, telephone number, 
and facsimile number of the person BIS may contact concerning your 
report. Please submit your report to:
    (i) E-mail: [email protected];
    (ii) Fax: (202) 482-3355; or
    (iii) Mail or Hand Delivery/Courier: Regulatory Policy Division, 
U.S. Department of Commerce, Bureau of Industry and Security, 
Regulatory Policy Division, 14th and Pennsylvania Avenue, NW., Room 
2705, Washington, DC 20230.

PART 740--[AMENDED]

0
8. The authority citation for 15 CFR 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 3, 2006, 71 FR 44551 (August 7, 2006).


0
9. Section 740.12 is amended by revising the last sentence of Note to 
paragraph (a) to read as follows:


Sec.  740.12  Gift Parcels and Humanitarian Donations (GFT).

    (a) * * *

    Note to paragraph (a) of this section: 


* * * (See Sec.  748.8(d) and Supplement No. 2 to Part 748 paragraph 
(d) of the EAR for licensing of multiple gift parcels).
* * * * *

0
10. Section 740.14 is amended by revising paragraph (e)(2) to read as 
follows:


Sec.  740.14  Baggage (BAG).

* * * * *
    (e) * * *
    (2) A nonresident alien leaving the United States may export or 
reexport under this License Exception only such shotguns and shotgun 
shells as he or she brought into the United States under the provisions 
of the Department of Justice Regulations (27 CFR 478.115(d)).
* * * * *

PART 748--[AMENDED]

0
11. The authority citation for 15 CFR 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 3, 2006, 71 FR 
44551 (August 7, 2006).


0
12. Section 748.2 is amended:
0
a. By revising the undesignated paragraph at the end of paragraph (a) 
for the ``U.S. Export Assistance Center''; and
0
b. By revising paragraph (c) to read as follows:


Sec.  748.2  Obtaining forms; mailing addresses.

    (a) * * *
    Bureau of Industry and Security, U.S. Department of Commerce, 96 
North 3rd Street, Suite 250, San Jose, CA 95112, Tel: (408) 291-4212, 
Fax: (408) 291-4320.
    (b) * * *
    (c) All applications should be mailed to the following address, 
unless otherwise specified: Bureau of Industry and Security, U.S. 
Department of Commerce, P.O. Box 273, Washington, DC 20044. If you wish 
to submit your application using an overnight courier, use the 
following address: Bureau of Industry and Security, U.S. Department of 
Commerce, 14th Street and Pennsylvania Avenue, NW., Room 2705, 
Washington, DC 20230, Attn: ``Application Enclosed''. BIS will not 
accept applications sent C.O.D.

PART 758--[AMENDED]

0
13. The authority citation for 15 CFR part 758 is revised 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,

[[Page 3946]]

3 CFR, 2001 Comp., p. 783; Notice of August 3, 2006, 71 FR 44551 
(August 7, 2006).


0
14. Section 758.5 is amended by revising paragraph (e)(2)(ii) to read 
as follows:


Sec.  758.5  Conformity of documents and unloading of items.

* * * * *
    (e) * * *
    (2) * * *
    (ii) Contact information. U.S. Department of Commerce, Bureau of 
Industry and Security, Office of Exporter Services, Room 2705, 14th and 
Pennsylvania Avenue, NW., Washington, DC 20230; phone number 202-482-
0436; facsimile number 202-482-3322; and E-Mail address: 
[email protected].

PART 762--[AMENDED]

0
15. The authority citation for 15 CFR part 762 is revised 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 
3, 2006, 71 FR 44551 (August 7, 2006).


0
16. Section 762.6 is amended by revising the last sentence of paragraph 
(b) to read as follows:


Sec.  762.6  Period of retention.

* * * * *
    (b) * * * This prohibition applies to records pertaining to 
voluntary disclosures made to BIS in accordance with Sec.  
764.5(c)(4)(ii) and other records even if such records have been 
retained for a period of time exceeding that required by paragraph (a) 
of this section.

    Dated: January 23, 2007.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. E7-1336 Filed 1-26-07; 8:45 am]
BILLING CODE 3510-33-P