[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Rules and Regulations]
[Pages 74348-74349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29012]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 760

[Docket No. 080220216-81424-03]
RIN 0694-AD59


Conforming Changes to Certain End-User/End-Use Based Controls in 
the EAR; Clarification of the Term ``Transfer'' and Related Terms as 
Used in the EAR; 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 Tuesday, November 18, 2008 (73 FR 
68321) that amended the Export Administration Regulations (EAR) to, 
among other things, clarify that the terms ``transferred'' and 
``transfer'', in the context of two sections of the EAR, meant 
``assigned to'' and ``assignment'', respectively. That final rule 
contained one inadvertent error in the amendatory instruction used for 
revising one of those two sections. This error in the amendatory 
instruction led to one sentence of the revised regulatory text to not 
be revised as was intended in the regulatory text of that final rule. 
This document corrects that amendatory instruction error by revising 
that one sentence from that section.

DATES: Effective Date: This rule is effective: December 8, 2008.

ADDRESSES: Written comments on this rule may be sent to the Federal 
Register eRulemaking Portal: http://www.regulations.gov, or by e-mail 
to [email protected]. Include RIN 0694-AD59 in the subject 
line of the message. Comments may be submitted by mail or hand delivery 
to Timothy Mooney, Office of Exporter Services, Regulatory Policy 
Division, Bureau of Industry and Security, U.S. Department of Commerce, 
14th St. & Pennsylvania Avenue, NW., Room H2705, Washington, DC 20230, 
ATTN: RIN 0694-AD59; or by fax to (202) 482-3355.
    Send comments regarding the collection of information to Jasmeet 
Seehra, Office of Management and Budget (OMB), by e-mail to 
[email protected], or by fax to (202) 395-7285; and to the Regulatory 
Policy Division, Bureau of Industry and Security, U.S. Department of 
Commerce, 14th St. & Pennsylvania Avenue, NW., Room H2705, Washington, 
DC 20230.

FOR FURTHER INFORMATION CONTACT: Timothy Mooney, Office of Exporter 
Services, Bureau of Industry and Security, U.S. Department of Commerce; 
by telephone: (202) 482-2440; or by fax: 202-482-3355.

SUPPLEMENTARY INFORMATION:

Background

    On November 18, 2008, the final rule, Conforming Changes to Certain 
End-User/End-Use Based Controls in the EAR; Clarification of the Term 
``Transfer'' and Related Terms as Used in the EAR was published in the 
Federal Register (73 FR 68321). The amendments in that rule included a 
revision to paragraph (b)(4)(viii) in Section 760.1 (Definitions). The 
November 18 rule intended to revise the first three sentences of 
paragraph (b)(4)(viii), but because of an inadvertent error in the 
amendatory instruction the third sentence of that paragraph was not 
revised as was intended in the regulatory text of that final rule. This 
rule corrects that amendatory instruction error by revising the third 
sentence of paragraph (b)(4)(viii).

Savings Clause

    Shipments of items removed from eligibility for a License Exception 
or export or reexport without a license (NLR) as a result of this 
regulatory action that were on dock for loading, on lighter, laden 
aboard an exporting or reexporting carrier, or en route aboard a 
carrier to a port of export or reexport, on November 18, 2008, pursuant 
to actual orders for export or reexport to a foreign destination, may 
proceed to that destination under the previous eligibility for a 
License Exception or export or reexport without a license (NLR) so long 
as they are exported or reexported before December 30, 2008. Any such 
items not actually exported or reexported before midnight, on December 
30, 2008, require a license in accordance with this rule.
    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 July 23, 2008, 
73 FR 43603 (July 25, 2008), 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

[[Page 74349]]

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 final 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. This final rule is expected to have a minimal increase on 
the total number of license applications submitted to BIS. Send 
comments regarding these burden estimates or any other aspect of these 
collections of information, including suggestions for reducing the 
burden, to Jasmeet Seehra, Office of Management and Budget (OMB), and 
to the Regulatory Policy Division, Bureau of Industry and Security as 
indicated in the ADDRESSES section of this rule.
    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 the formal comment 
period closed on June 17, 2008, public comments on this regulation are 
welcome on a continuing basis. Comments should be submitted to one of 
the addresses listed in the ADDRESSES section of the preamble of this 
final rule.

List of Subjects in 15 CFR Part 760

    Boycotts, Exports, Reporting and recordkeeping requirements.


0
Accordingly, part 760 of the Export Administration Regulations (15 CFR 
parts 730-774) is corrected by making the following correcting 
amendment:

PART 760--[CORRECTED]

0
1. The authority citation for 15 CFR part 760 continues 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 July 
23, 2008, 73 FR 43603 (July 25, 2008).


0
2. Section 760.1 is amended by revising the third sentence of paragraph 
(b)(4)(viii) to read as follows:


Sec.  760.1  Definitions.

* * * * *
    (b) * * *
    (4) * * *
    (viii) * * * A, a U.S. national who will reside in Y, has agreed to 
the assignment provided he is able to retain his insurance, pension, 
and other benefits. * * *
* * * * *

    Dated: December 3, 2008.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. E8-29012 Filed 12-5-08; 8:45 am]
BILLING CODE 3510-33-P