DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 705, 730, 736, 744, 747, 754, 756, 760, 766, 768, 770,
and 772
[Docket No. 070411085-7088-01]
RIN 0694-AE01
Updated Office Names, Office Addresses, Statements of Legal
Authority and Statute Name and Citation
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: This rule revises office names and addresses to reflect a
recent Bureau of Industry and Security (BIS) reorganization, updates
the statements of legal authority for ten parts of the Export
Administration Regulations (EAR), and replaces an outdated statute name
and citation with the current name of that statute in one section of
the EAR.
DATES: This rule is effective May 4, 2007.
ADDRESSES: Comments concerning this rule should be sent to
publiccomments@bis.doc.gov, 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-AE01 in all comments, and in the
subject line of email comments.
FOR FURTHER INFORMATION CONTACT: William Arvin, Regulatory Policy
Division, Bureau of Industry and Security, Telephone: (202) 482-2440.
SUPPLEMENTARY INFORMATION
Background
This rule updates outdated office names, office addresses, legal
authority citations and a reference to a statute as described below.
Revision of Addresses in Accordance With Reassignment of
Responsibilities Within BIS
BIS recently created an Office of Technology Evaluation and
assigned to it the responsibility for conducting investigations into
the effect of imported articles on the national security pursuant to
part 705 of the National Security Industrial Base Regulations (15 CFR
Part 705) and for conducting foreign availability assessments pursuant
to part 768 of the EAR (15 CFR Part 768). Accordingly, this rule
revises both of those parts to include the mailing address of that
office.
Updating Statements of Legal Authority
The legal authorities for the EAR (15 CFR 730-799) change from time
to time. The expiration of the Export Administration Act on August 20,
2001, the issuance of Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002) and the annual notices declaring the
continuation of the international emergency noted in that Executive
Order mean that the legal authority for each part of the EAR has, in
recent years, changed at least annually. In addition, the authority
citations for some parts change more often due to periodic updates and
amendments to the relevant statutes. This rule revises the citations of
authority for parts 730, 736, 747, 754, 756, 760, 766, 768, 770, and
772 to reflect the legal authorities in currently in effect.
Updating Statement of BIS Organization
Section 730.9 of the EAR describes how the Bureau of Industry and
[[Page 25195]]
Security is organized. This rule removes the reference to the Director,
Office of International Programs from paragraph (a) of that section and
adds a reference to the Office of Technology Evaluation to paragraph
(b) of that section in accordance with recent BIS actions to eliminate
the Office of International Programs and to create the Office of
Technology Evaluation.
Updating Name of a Referenced Statute
Section 744.19 describes BIS's licensing policy for transactions
that involve certain entities sanctioned by the Department of State and
references the statutes that authorize such sanctions. Prior to
publication of this rule, Sec. 744.19 referenced one such statute as
``the Iran Nonproliferation Act of 2000 (Pub. L. 106-178)'' This rule
revises the reference to reflect the current name of the statute: the
Iran, North Korea, and Syria Nonproliferation Act (Pub. L. 107-178, 114
Stat. 38 (March 14, 2000), as amended by Public Law 109-112, 119 Stat.
2366 (November 11, 2005) and Public Law 109-353, 120 Stat. 2015
(October 13, 2006)).
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 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 of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
involves two collections that are subject to the Paperwork Reduction
Act. OMB control number 0694-0120 applies to procedures for initiating
investigations into the effect of import on national security pursuant
to part 705 of the National Security Industrial Base Regulations. OMB
Control number 0694-0004 applies to foreign availability submissions
and technical advisory committee certifications submitted to BIS
pursuant to part 768 of the Export Administration Regulations. BIS
believes that this rule will make no changes to the burdens associated
with either of those two collections. Send comments about this
collection, including suggestions for reducing the burden, to David
Rostker, Office of Management and Budget, by e-mail to
David_Rostker@omb.eop.gov, 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)(B) to waive the provisions of the Administrative Procedure Act
requiring prior notice and the opportunity for public comment because
they are unnecessary. The changes made by this rule are not substantive
changes. This rule only updates office names and addresses to reflect
recent internal BIS organizational changes, updates legal authority
citations, and updates the name and citation of a statute referenced in
the National Security Industrial Base Regulations and the Export
Administration Regulations. This rule does not alter any right,
obligation or prohibition that applies to any person under those
regulations. Because these revisions are not substantive changes, 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.
List of Subjects
15 CFR Part 705
Administrative practice and procedure, Business and industry,
exports, Government contracts, Reporting and recording requirements.
15 CFR Part 730
Administrative practice and procedure, Advisory committees,
Exports, Reporting and recordkeeping requirements, Strategic and
critical materials.
15 CFR Parts 736, 770 and 772
Exports.
15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
15 CFR Part 747
Administrative practice and procedure, Exports, Foreign trade,
Reporting and recordkeeping requirements.
15 CFR Part 754
Agricultural commodities, Exports, Forests and forest products,
Horses, Petroleum, Reporting and recordkeeping requirements.
15 CFR Part 756
Administrative practice and procedure, Exports, Penalties.
15 CFR Part 760
Boycotts, Exports, Reporting and recordkeeping requirements.
15 CFR Part 766
Administrative practice and procedure, Confidential business
information, Exports, Law enforcement, Penalties.
15 CFR Part 768
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements, Science and technology.
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Accordingly, parts 705, 730, 736, 744, 747, 754, 756, 760, 766, 768,
770, and 772 of Title 15, Chapter VII of the Code of Federal
Regulations (15 CFR parts 700-799) are amended as follows:
PART 705--[AMENDED]
0
1. The authority citation for 15 CFR part 705 continues to read as
follows:
Authority: Sec. 232, Trade Expansion Act of 1962, as amended (19
U.S.C. 1862).
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2. The second sentence of Sec. 705.5(a) is revised to read as follows:
Sec. 705.5 Request or application for an investigation.
(a) * * * The original and 1 copy shall be filed with the Director,
Office of Technology Evaluation, Room H-1093, U.S. Department of
Commerce, Washington, DC 20230.
* * * * *
PART 730--[AMENDED]
3. The authority citation for 15 CFR part 730 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); 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.
[[Page 25196]]
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).
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4. In Sec. 730.9, the second sentence of the introductory text and the
second sentence of paragraph (a) are revised to read as follows:
Sec. 730.9 Organization of the Bureau of Industry and Security.
* * * The Under Secretary is assisted by a Deputy Under Secretary for
Industry and Security, the Assistant Secretary for Export
Administration, the Assistant Secretary for Export Enforcement, the
Director of Administration, the Director of the Office of Congressional
and Public Affairs, and the Chief Information Officer. * * *
(a) * * * Its substantive work is carried out by six sub-units: the
Office of Nonproliferation and Treaty Compliance, the Office of
National Security and Technology Transfer Controls, the Office of
Exporter Services, the Operating Committee, the Office of Strategic
Industries and Economic Security, and the Office of Technology
Evaluation.
* * * * *
PART 736--[AMENDED]
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5. The authority citation for 15 CFR part 736 is revised 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, 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).
PART 744--[AMENDED]
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6. The authority citation for 15 CFR part 744 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. 3201 et seq.; 42 U.S.C. 2139a; Sec. 901-911, Pub. L. 106-
387; Sec. 221, Pub. L. 107-56; 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. 12947, 60
FR 5079, 3 CFR, 1995 Comp., p. 356; 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; Notice of August 3, 2006, 71
FR 44551 (August 7, 2006); Notice of October 27, 2006, 71 FR 64109
(October 31, 2006).
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7. Section 744.19(b) is revised to read as follows:
Sec. 744.19 Licensing policy regarding persons sanctioned pursuant to
specified statutes.
* * * * *.
(b) A sanction issued pursuant to the Iran, North Korea, and Syria
Nonproliferation Act (Pub. L. 106-178, 114 Stat. 38 (March 14, 2000),
as amended by Pub. L. No. 109-112, 119 Stat. 2366 (November 22, 2005)
and Pub. L. No. 109-353, 120 Stat. 2015 (October 13, 2006)) that
prohibits the granting of a license for the transfer to foreign
entities of items, the export of which is controlled under the Export
Administration Act of 1979 or the Export Administration Regulations.
* * * * *
PART 747--[AMENDED]
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8. The authority citation for 15 CFR part 747 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
Sec 1503, Pub. L. 108-11, 117 Stat. 559; 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 3, 2006, 71 FR 44551 (August 7, 2006).
PART 754--[AMENDED]
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9. The authority citation for 15 CFR part 754 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); 30 U.S.C. 185(s), 185(u); 42
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; E.O. 11912, 41 FR
15825, 3 CFR, 1976 Comp., p. 114; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783; Notice of August 3, 2006, 71 FR 44551 (August 7,
2006).
PART 756--[AMENDED]
0
10. The authority citation for 15 CFR part 756 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).
PART 760--[AMENDED]
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11. The authority citation for 15 CFR part 760 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).
PART 766--[AMENDED]
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12. The authority citation for 15 CFR part 766 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).
PART 768--[AMENDED]
0
13. The authority citation for 15 CFR part 768 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).
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14. Section Sec. 768.4(d) is revised to read as follows:
Sec. 768.4 Initiation of an assessment.
* * * * *
(d) BIS mailing address. All foreign availability submissions and
TAC certifications should be submitted to: Department of Commerce,
Bureau of Industry and Security, Room H-1093, 14th Street and
Pennsylvania Avenue, NW, Washington, DC 20230.
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15. The second sentence of Sec. 768.8(h) is revised to read as
follows:
Sec. 768.8 Eligibility of expedited licensing procedures for non-
controlled countries.
* * * * *
(h) * * * Submissions and certifications should be sent to:
Department of Commerce, Bureau of Industry and Security, Room H-1093,
14th Street and Pennsylvania Avenue, NW., Washington, DC 20230.
PART 770--[AMENDED]
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16. The authority citation for 15 CFR part 770 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).
PART 772--[AMENDED]
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17. The authority citation for 15 CFR part 772 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).
Dated: April 30, 2007.
Christopher A. Padilla,
Assistant Secretary for Export Administration.
[FR Doc. E7-8582 Filed 5-3-07; 8:45 am]
BILLING CODE 3510-33-P