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[Federal Register: June 15, 2010 (Volume 75, Number 114)]
[Rules and Regulations]               
[Page 33682-33683]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jn10-5]                         

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 766

[Docket No. 100603238-0235-01]
RIN 0694-AE93

 
Export Administration Regulations; Technical Amendments

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; technical amendments.

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SUMMARY: In this final rule, the Bureau of Industry and Security (BIS) 
makes a technical amendment to the Export Administration Regulations 
(EAR). Specifically, BIS deletes references concerning Federal court 
jurisdiction for judicial review of final decisions and orders issued 
in BIS export control administrative enforcement proceedings and in 
administrative appeals of BIS temporary denial orders. Federal court 
jurisdiction to review these orders is governed by statute, not by 
regulation.

DATES: Effective Date: This rule is effective June 15, 2010

ADDRESSES: You may submit comments, identified by RIN 0694-AE93, by any 
of the following methods:
     E-mail: publiccomments@bis.doc.gov. Include ``RIN 0694-
AE93'' in the subject line of the message.
     Fax: (202) 482-3355. Please alert the Regulatory Policy 
Division, by calling (202) 482-2440, if you are faxing comments.
     Mail or Hand Delivery/Courier: Sheila Quarterman, U.S. 
Department of Commerce, Bureau of Industry and Security, Regulatory 
Policy Division, 14th Street & Pennsylvania Avenue, NW., Room 2705, 
Washington, DC 20230, Attn: RIN 0694-AE93.
    Send comments regarding the collection of information associated 
with this rule, including suggestions for reducing the burden to 
Jasmeet Seehra, Office of Management and Budget (OMB), by e-mail to 
Jasmeet_K._Seehra@omb.eop.gov or by fax to (202) 395-7285. Comments 
on this collection of information should be submitted separately from 
comments on

[[Page 33683]]

the final rule (i.e., RIN 0694-AE93)--all comments on the latter should 
be submitted by one of the three methods outlined above.

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

    In this rule, BIS makes a technical amendment to the Export 
Administration Regulations (EAR) to remove three references concerning 
Federal court jurisdiction to review certain BIS enforcement orders. 
Paragraph (e) of section 766.22 discusses judicial review of a final 
decision and order by the Under Secretary for Industry and Security in 
a BIS export control administrative proceeding. Section 766.24 contains 
two references to judicial review. Paragraph (g) of section 766.24 
discusses judicial review of a final decision and order by the Under 
Secretary concerning the administrative appeal of a temporary denial 
order issued by the Assistant Secretary for Export Enforcement, and 
paragraph (e)(5) of the same section includes a reference to paragraph 
(g). Federal court jurisdiction to review these BIS final orders is 
governed by statute, not by regulation. BIS is deleting these 
provisions, which were not promulgated with the intent to create or 
govern Federal court jurisdiction.
    Since August 21, 2001, the Export Administration Act has been in 
lapse and the President, through Executive Order 13222 of August 17, 
2001 (3 CFR, 2001 Comp., p. 783 (2002)), as extended most recently by 
the Notice of August 13, 2009 (74 FR 41325 (August 14, 2009)), has 
continued the EAR in effect under the International Emergency Economic 
Powers Act.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for 
the purposes of Executive Order 12866.
    2. Notwithstanding any other provisions of law, no person is 
required to respond to nor 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 does not 
involve a collection of information, and, therefore, does not implicate 
requirements of the PRA.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under Executive Order 13132.
    4. The Department finds that there is good cause under 5 U.S.C. 
553(b)(A) and (B) to waive the provisions of the Administrative 
Procedure Act requiring prior notice and the opportunity for public 
comment because they are unnecessary. This rule is one of procedure, 
which is exempted from the notice and comment requirements of the APA. 
This rule only deletes provisions from Part 766 that discuss federal 
court jurisdiction, which is an issue governed by statute, not by 
regulation. 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. 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 Sheila 
Quarterman, Regulatory Policy Division, Bureau of Industry and 
Security, U.S. Department of Commerce, 14th Street & Pennsylvania 
Avenue, NW., Room 2705, Washington, DC 20230.

List of Subjects in 15 CFR Part 766

    Administrative practice and procedure, Confidential business 
information, Exports, Law enforcement, Penalties.

0
Accordingly, 15 CFR part 766 of the Export Administration Regulations 
(15 CFR Parts 730-774) is amended as follows:

PART 766--[AMENDED]

0
1. The authority citation for 15 CFR Part 766 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 August 
13, 2009, 74 FR 41325 (August 14, 2009).

Sec.  766.22  [Amended]

0
2. In Sec.  766.22, remove paragraph (e).

Sec.  766.24  [Amended]

0
3. In Sec.  766.24, remove the last sentence from paragraph (e)(5) and 
remove paragraph (g).

    Dated: June 11, 2010.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2010-14525 Filed 6-14-10; 8:45 am]
BILLING CODE 3510-33-P
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