75468 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Rules and Regulations 

Approved: December 7, 2004. 

Mark M. Matthews, 

Deputy Commissioner for Services and 

Enforcement. 

Gregory F. Jenner, 

Acting Assistant Secretary of the Treasury 

(Tax Policy).

[FR Doc. 04–27294 Filed 12–16–04; 8:45 am] 

BILLING CODE 4830–01–P

DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control 

31 CFR Parts 515, 538 and 560 

Cuban Assets Control Regulations, 

Sudanese Sanctions Regulations, and 

Iranian Transactions Regulations

AGENCY: Office of Foreign Assets 

Control, Treasury.

ACTION: Final rule.

SUMMARY: The Office of Foreign Assets 

Control (‘‘OFAC’’) of the U.S. 

Department of the Treasury is revising 

the Cuban Assets Control Regulations, 

the Sudanese Sanctions Regulations, 

and the Iranian Transactions 

Regulations to add general licenses 

pertaining to certain publishing 

activities.

DATES: Effective Date: December 17, 

2004. Comments may be submitted at 

any time.

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal eRulemaking Portal:

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Agency Web Site: http://

www.treas.gov/offices/enforcement/

ofac/comment.html.

• Fax: Chief of Records, 202/622–

1657. 

• Mail: Chief of Records, ATTN: 

Request for Comments, Office of Foreign 

Assets Control, Department of the 

Treasury, 1500 Pennsylvania Avenue, 

NW., Washington, DC 20220. 

Instructions: All submissions received 

must include the agency name and the 

FR Doc. number that appears at the end 

of this document. Comments received 

will be posted without change to

http://www.treas.gov/ofac, including 

any personal information provided. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. To read background 

documents or comments received, go to 

http://www.treas.gov/ofac.

FOR FURTHER INFORMATION CONTACT:

Chief of Policy Planning and Program 

Management, tel. 202/622–2500, Chief 

of Licensing, tel.: 202/622–2480, Chief 

of Compliance, tel. 202/622–2490, or 

Chief Counsel, tel.: 202/622–2410, 

Office of Foreign Assets Control, 

Department of the Treasury, 

Washington, DC 20220 (not toll free 

numbers).

SUPPLEMENTARY INFORMATION: 

Electronic and Facsimile Availability 

This file is available for download 

without charge in ASCII and Adobe 

Acrobat readable (*.PDF) formats at 

GPO Access. GPO Access supports 

HTTP, FTP, and Telnet at 

fedbbs.access.gpo.gov. It may also be 

accessed by modem dialup at 202/512–

1387 followed by typing ‘‘/GO/FAC.’’

Paper copies of this document can be 

obtained by calling the Government 

Printing Office at 202/512–1530. This 

document and additional information 

concerning the programs of the Office of 

Foreign Assets Control are available for 

downloading from the Office’s Internet 

Home Page: http://www.treas.gov/ofac,

or via FTP at ofacftp.treas.gov.

Facsimiles of information are available 

through the Office’s 24-hour fax-ondemand service: call 202/622–0077 

using a fax machine, fax modem, or 

(within the United States) a touch-tone 

telephone.

Background 

The Cuban Assets Control 

Regulations, 31 CFR part 515 (the 

‘‘CACR’’), were issued by the U.S. 

Government on July 8, 1963, under the 

Trading with the Enemy Act (50 U.S.C. 

App. 5 et seq.) (TWEA), in response to 

certain hostile actions by the Cuban 

Government. Since that time, U.S. 

policy toward Cuba has been to 

encourage a rapid and peaceful 

transition to democracy. The TWEA 

sanctions are intended to isolate the 

Cuban Government economically and 

deprive it of U.S. dollars that the Cuban 

Government would otherwise use to 

maintain or strengthen its repressive 

apparatus, enforce its information 

blockade on the Cuban people, and 

arrange for a succession and the 

continuation of the totalitarian 

Communist government. 

The Sudanese Sanctions Regulations, 

31 CFR part 538 (the ‘‘SSR’’), implement 

Executive Order 13067, issued on 

November 3, 1997, pursuant to, inter 

alia, the International Emergency 

Economic Powers Act (50 U.S.C. 1701–

1706) (IEEPA). In the order, the 

President declared a national emergency 

with respect to the policies and actions 

of the Government of Sudan, ‘‘including 

continued support for international 

terrorism; ongoing efforts to destabilize 

neighboring governments; and the 

prevalence of human rights violations, 

including slavery and the denial of 

religious freedom.’’ To deal with this 

national emergency, Executive Order 

13067 imposed trade sanctions with 

respect to Sudan and blocked all 

property and interests in property of the 

Government of Sudan in the United 

States or within the possession or 

control of U.S. persons. 

The Iranian Transactions Regulations, 

31 CFR part 560 (the ‘‘ITR’’), implement 

a series of Executive orders, beginning 

with Executive Order 12957, issued on 

March 15, 1995. In that order, the 

President declared a national emergency 

pursuant to IEEPA to deal with the 

unusual and extraordinary threat to the 

national security, foreign policy, and 

economy of the United States 

constituted by the actions and policies 

of the Government of Iran, including its 

support for international terrorism, its 

efforts to undermine the Middle East 

peace process and its efforts to acquire 

weapons of mass destruction and the 

means to deliver them. To deal with this 

threat, Executive Order 12957 imposed 

prohibitions on certain transactions 

with respect to the development of 

Iranian petroleum resources. On May 6, 

1995, the President issued Executive 

Order 12959 imposing comprehensive 

trade sanctions to further respond to 

this threat, and on August 19, 1997, the 

President issued Executive Order 13059 

consolidating and clarifying the 

previous orders. 

The Treasury Department’s Office of 

Foreign Assets Control (‘‘OFAC’’) is 

amending the CACR, SSR and ITR to 

authorize certain activities relating to 

publishing that otherwise entail the 

prohibited exportation of services to, or 

prohibited importation of services from, 

Cuba, Sudan or Iran. 

With certain exceptions, the 

exportation and importation of 

information and informational materials 

to or from any country are exempt from 

regulation by the President under 

TWEA and IEEPA. See 50 U.S.C. App. 

5(b)(4) and 50 U.S.C. 1702(b)(3), 

respectively. OFAC is issuing the new 

general licenses set forth at 31 CFR 

515.577, 31 CFR 538.529 and 31 CFR 

560.538 to authorize transactions not 

already exempt from regulation that 

directly support the publishing and 

marketing of manuscripts, books, 

journals, and newspapers, in paper or 

electronic format. 

Each of the general licenses is similar 

in structure and scope, authorizing a 

variety of activities relating to 

publishing with appropriate exceptions, 

such as those for the governments of 

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Rules and Regulations 75469

each of the sanctioned countries. 

Section 515.545, a pre-existing general 

license pertaining to information and 

informational materials remains in 

effect, but is being revised to include a 

note referring to the further 

authorizations contained in § 515.577.

Public Participation 

Because the amendment of the CACR, 

ITR and SSR involves a foreign affairs 

function, the provisions of Executive 

Order 12866 and the Administrative 

Procedure Act (5 U.S.C. 553) (the 

‘‘APA’’) requiring notice of proposed 

rulemaking, opportunity for public 

participation, and delay in effective 

date, are inapplicable. Because no 

notice of proposed rulemaking is 

required for this rule, the Regulatory 

Flexibility Act (5 U.S.C. 601–612) does 

not apply. However, OFAC encourages 

interested persons who wish to 

comment to do so in writing. The 

address for submitting comments 

appears in the ADDRESSES section near 

the beginning of this document. OFAC 

will not accept public comments written 

in languages other than English or 

accompanied by a request that a part or 

all of the submission be treated 

confidentially because of its business 

proprietary nature or for any other 

reason. OFAC will return such 

submissions to the originator. All public 

comments on these regulations will be 

a matter of public record. Copies of the 

public record concerning these 

regulations will be made available not 

sooner than March 17, 2005, and will be 

obtainable from OFAC’s Internet Home 

Page at http://www.treas.gov/ofac. If that 

service is unavailable, written requests 

for copies may be sent to Office of 

Foreign Assets Control, U.S. Department 

of the Treasury, 1500 Pennsylvania 

Ave., NW., Washington, DC 20220, Attn: 

Chief, Records Division. 

Paperwork Reduction Act 

The collections of information related 

to 31 CFR parts 31 CFR parts 560 and 

538 are contained in 31 CFR part 501 

(the ‘‘Reporting, Procedures and 

Penalties Regulations’’). Pursuant to the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3507), those collections of 

information have been approved by the 

Office of Management and Budget under 

control number 1505–0164. An agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless the 

collection of information displays a 

valid control number.

List of Subjects 

31 CFR Part 515 

Administrative practice and 

procedure, Cuba, Exports, Foreign trade, 

Imports, Information. 

31 CFR Part 538 

Administrative practice and 

procedure, Exports, Foreign trade, 

Imports, Information, Sudan. 

31 CFR Part 560 

Administrative practice and 

procedure, Exports, Foreign trade, 

Imports, Information, Iran.

■ For the reasons set forth in the 

Preamble, 31 CFR parts 515, 538 and 560 

are amended as follows:

PART 515—CUBAN ASSETS 

CONTROL REGULATIONS

■ 1. The authority citation for part 515 

continues to read as follows:

Authority: 18 U.S.C. 2332d; 22 U.S.C. 

2370(a), 6001–6010; 31 U.S.C. 321(b); 50 

U.S.C. App 1–44; Pub. L. 101–410, 104 Stat. 

890 (28 U.S.C. 2461 note); Pub. L. 106–387, 

114 Stat. 1549; E.O. 9193, 7 FR 5205, 3 CFR, 

1938–1943 Comp., p. 1147; E.O. 9989, 13 FR 

4891, 3 CFR, 1943–1948 Comp., p. 748; Proc. 

3447, 27 FR 1085, 3 CFR, 1959–1963 Comp., 

p. 157; E.O. 12854, 58 FR 36587, 3 CFR, 1993 

Comp., p. 614.

Subpart E—Licenses, Authorizations, 

and Statements of Licensing Policy

■ 2. Section 515.545 is amended by 

adding a note at the end of the section 

to read as follows:

§ 515.545 Transactions related to 

information and informational materials.

* * * * *

Note to § 515.545. With respect to 

transactions necessary and ordinarily 

incident to the publishing and marketing of 

manuscripts, books, journals and 

newspapers, see § 515.577.

■ 3. Add a new § 515.577 to subpart E to 

read as follows:

§ 515.577 Authorized transactions 

necessary and ordinarily incident to 

publishing. 

(a) To the extent that such activities 

are not exempt from this part, and 

subject to the restrictions set forth in 

paragraphs (b) through (d) of this 

section, persons subject to the 

jurisdiction of the United States are 

authorized to engage in all transactions 

necessary and ordinarily incident to the 

publishing and marketing of 

manuscripts, books, journals, and 

newspapers (collectively, ‘‘written 

publications’’), in paper or electronic 

format. This section does not apply if 

the parties to the transactions described 

in this paragraph include the 

Government of Cuba. For the purposes 

of this section, the term ‘‘Government of 

Cuba’’ includes the state and the 

Government of Cuba, as well as any 

political subdivision, agency, or 

instrumentality thereof, including the 

Central Bank of Cuba; any person 

occupying the positions identified in 

§ 515.570(a)(3); employees of the 

Ministry of Justice; and any person 

acting or purporting to act directly or 

indirectly on behalf of any of the 

foregoing with respect to the 

transactions described in this paragraph. 

For the purposes of this section, the 

term ‘‘Government of Cuba’’ does not 

include any academic and research 

institutions and their personnel. 

Pursuant to this section, the following 

activities are not prohibited, provided 

that persons subject to the jurisdiction 

of the United States ensure that they are 

not engaging, without specific 

authorization, in the activities identified 

in paragraph (d) of this section: 

(1) Commissioning and making 

advance payments for identifiable 

written publications not yet in 

existence, to the extent consistent with 

industry practice; 

(2) Collaborating on the creation and 

enhancement of written publications; 

(3) Augmenting written publications 

through the addition of items such as 

photographs, artwork, translation, and 

explanatory text; 

(4) Substantive editing of written 

publications; 

(5) Payment of royalties for written 

publications; 

(6) Creating or undertaking a 

marketing campaign to promote a 

written publication; and 

(7) Other transactions necessary and 

ordinarily incident to the publishing 

and marketing of written publications as 

described in this paragraph (a). 

(b) This section does not authorize 

transactions involving the provision of 

goods or services not necessary and 

ordinarily incident to the publishing 

and marketing of written publications as 

described above. For example, this 

section does not authorize persons 

subject to the jurisdiction of the United 

States: 

(1) To provide or receive 

individualized or customized services 

(including, but not limited to, 

accounting, legal, design, or consulting 

services), other than those necessary 

and ordinarily incident to the 

publishing and marketing of written 

publications, even though such 

individualized or customized services 

are delivered through the use of 

75470 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Rules and Regulations 

information and informational 

materials; 

(2) To create or undertake for any 

person a marketing campaign with 

respect to any service or product other 

than a written publication, or to create 

or undertake a marketing campaign of 

any kind for the benefit of the 

Government of Cuba;

(3) To engage in the exportation or 

importation of goods, other than 

information and informational 

materials, to or from Cuba; 

(4) To operate a publishing house, 

sales outlet, or other office in Cuba; or 

(5) To engage in transactions related 

to travel to, from and within Cuba. 

(c) This section does not authorize 

persons subject to the jurisdiction of the 

United States to engage the services of 

publishing houses or translators in Cuba 

unless such activity is primarily for the 

dissemination of written publications in 

Cuba. 

(d) This section does not authorize: 

(1) Transactions for the development, 

production, design, or marketing of 

software; 

(2) Transactions for the development, 

production, design, or marketing of 

technology specifically controlled by 

the International Traffic in Arms 

Regulations, 22 CFR parts 120 through 

130 (ITAR), the Export Administration 

Regulations, 15 CFR parts 730 through 

774 (EAR), or the Department of Energy 

Regulations set forth at 10 CFR part 810. 

(3) The exportation of information or 

technology subject to the authorization 

requirements of 10 CFR part 810, or 

Restricted Data as defined in section 11 

y. of the Atomic Energy Act of 1954, as 

amended, or of other information, data, 

or technology the release of which is 

controlled under the Atomic Energy Act 

and regulations therein; 

(4) The exportation of information 

subject to license application 

requirements under the EAR. These 

EAR license application requirements 

cover not only the exportation of 

information controlled on the 

Commerce Control List, 15 CFR part 

774, but also the exportation of any 

information subject to the EAR where a 

U.S. person knows or has reason to 

know that the information will be used, 

directly or indirectly, with respect to 

certain nuclear, missile, chemical and 

biological weapons, and nuclearmaritime end-uses. In addition, U.S. 

persons are precluded from exporting 

any information subject to the EAR to 

certain restricted end-users, as provided 

in the Commerce Department’s end-user 

and end-use based controls set forth at 

15 CFR part 744; or 

(5) The exportation of information 

subject to licensing requirements under 

the ITAR, or exchanges of information 

that are subject to regulation by other 

government agencies. 

(e) Specific licenses may be issued on 

a case-by-case basis authorizing the 

travel-related transactions set forth in 

§ 515.560(c) for purposes necessary and 

ordinarily incident to the publishing 

and marketing of written publications.

PART 538—SUDANESE SANCTIONS 

REGULATIONS

■ 4. The authority citation for part 538 

continues to read as follows:

Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 

18 U.S.C. 2339B, 2332d; 50 U.S.C. 1601–

1651, 1701–1706; Pub. L. 106–387, 114 Stat. 

1549; E.O. 13067, 62 FR 59989; 3 CFR, 1997 

Comp., p. 230.

Subpart E—Licenses, Authorizations, 

and Statements of Licensing Policy

■ 5. Add a new § 538.529 to subpart E to 

read as follows:

§ 538.529 Authorized transactions 

necessary and ordinarily incident to 

publishing. 

(a) To the extent that such activities 

are not exempt from this part, and 

subject to the restrictions set forth in 

paragraphs (b) through (d) of this 

section, U.S. persons are authorized to 

engage in all transactions necessary and 

ordinarily incident to the publishing 

and marketing of manuscripts, books, 

journals, and newspapers (collectively, 

‘‘written publications’’), in paper or 

electronic format. This section does not 

apply if the parties to the transactions 

described in this paragraph include the 

Government of Sudan. For the purposes 

of this section, the term ‘‘Government of 

Sudan’’ includes the state and the 

Government of Sudan, as well as any 

political subdivision, agency, or 

instrumentality thereof, including the 

Central Bank of Sudan; and any person 

acting or purporting to act directly or 

indirectly on behalf of any of the 

foregoing with respect to the 

transactions described in this paragraph. 

For the purposes of this section, the 

term ‘‘Government of Sudan’’ does not 

include any academic and research 

institutions and their personnel. 

Pursuant to this section, the following 

activities are not prohibited, provided 

that U.S. persons ensure that they are 

not engaging, without specific 

authorization, in the activities identified 

in paragraph (d) of this section: 

(1) Commissioning and making 

advance payments for identifiable 

written publications not yet in 

existence, to the extent consistent with 

industry practice; 

(2) Collaborating on the creation and 

enhancement of written publications; 

(3) Augmenting written publications 

through the addition of items such as 

photographs, artwork, translation, and 

explanatory text; 

(4) Substantive and artistic editing of 

written publications; 

(5) Payment of royalties for written 

publications; 

(6) Creating or undertaking a 

marketing campaign to promote a 

written publication; and 

(7) Other transactions necessary and 

ordinarily incident to the publishing 

and marketing of written publications as 

described in this paragraph (a). 

(b) This section does not authorize 

transactions involving the provision of 

goods or services not necessary and 

ordinarily incident to the publishing 

and marketing of written publications as 

described above. For example, this 

section does not authorize U.S. persons: 

(1) To provide or receive 

individualized or customized services 

(including, but not limited to, 

accounting, legal, design, or consulting 

services), other than those necessary 

and ordinarily incident to the 

publishing and marketing of written 

publications, even though such 

individualized or customized services 

are delivered through the use of 

information and informational 

materials; 

(2) To create or undertake for any 

person a marketing campaign with 

respect to any service or product other 

than a written publication, or to create 

or undertake a marketing campaign of 

any kind for the benefit of the 

Government of Sudan; 

(3) To engage in the exportation or 

importation of goods, other than 

information and informational 

materials, to or from Sudan; or

(4) To operate a publishing house, 

sales outlet, or other office in Sudan. 

(c) This section does not authorize 

U.S. persons to engage the services of 

publishing houses or translators in 

Sudan unless such activity is primarily 

for the dissemination of written 

publications in Sudan. 

(d) This section does not authorize: 

(1) Transactions for the development, 

production, design, or marketing of 

software; 

(2) Transactions for the development, 

production, design, or marketing of 

technology specifically controlled by 

the International Traffic in Arms 

Regulations, 22 CFR parts 120 through 

130 (TAR), the Export Administration 

Regulations, 15 CFR parts 730 through 

774 (EAR), or the Department of Energy 

Regulations set forth at 10 CFR part 810. 

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Rules and Regulations 75471

(3) The exportation of information or 

technology subject to the authorization 

requirements of 10 CFR part 810, or 

Restricted Data as defined in section 11 

y. of the Atomic Energy Act of 1954, as 

amended, or of other information, data, 

or technology the release of which is 

controlled under the Atomic Energy Act 

and regulations therein; 

(4) The exportation of information 

subject to license application 

requirements under the EAR. These 

EAR license application requirements 

cover not only the exportation of 

information controlled on the 

Commerce Control List, 15 CFR part 

774, but also the exportation of any 

information subject to the EAR where a 

U.S. person knows or has reason to 

know that the information will be used, 

directly or indirectly, with respect to 

certain nuclear, missile, chemical and 

biological weapons, and nuclearmaritime end-uses. In addition, U.S. 

persons are precluded from exporting 

any information subject to the EAR to 

certain restricted end-users, as provided 

in the Commerce Department’s end-user 

and end-use based controls set forth at 

15 CFR part 744; or 

(5) The exportation of information 

subject to licensing requirements under 

the ITAR, or exchanges of information 

that are subject to regulation by other 

government agencies.

PART 560—IRANIAN TRANSACTIONS 

REGULATIONS

■ 6. The authority citation for part 560 

continues to read as follows:

Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, 

2332d; 22 U.S.C. 2349aa–9; 31 U.S.C. 321(b); 

50 U.S.C. 1601–1651, 1701–1706; Pub. L. 

101–410, 104 Stat. 890 (28 U.S.C. 2461 note); 

Pub. L. 106–387, 114 Stat. 1549; E.O. 12613, 

52 FR 41940, 3 CFR, 1987 Comp., p. 256; E.O. 

12957, 60 FR 14615, 3 CFR, 1995 Comp., p. 

332; E.O. 12959, 60 FR 24757, 3 CFR, 1995, 

Comp., 356; E.O. 13059, 62 FR 44531, 3 CFR, 

1997 Comp., p. 217.

Subpart E—Licenses, Authorizations, 

and Statements of Licensing Policy

■ 7. Add a new § 560.538 to subpart E to 

read as follows:

§ 560.538 Authorized transactions 

necessary and ordinarily incident to 

publishing. 

(a) To the extent that such activities 

are not exempt from this part, and 

subject to the restrictions set forth in 

paragraphs (b) through (d) of this 

section, U.S. persons are authorized to 

engage in all transactions necessary and 

ordinarily incident to the publishing 

and marketing of manuscripts, books, 

journals, and newspapers (collectively, 

‘‘written publications’’), in paper or 

electronic format. This section does not 

apply if the parties to the transactions 

described in this paragraph include the 

Government of Iran. For the purposes of 

this section, the term ‘‘Government of 

Iran’’ includes the state and the 

Government of Iran, as well as any 

political subdivision, agency, or 

instrumentality thereof, which includes 

the Central Bank of Islamic Republic of 

Iran; and any person acting or 

purporting to act directly or indirectly 

on behalf of any of the foregoing with 

respect to the transactions described in 

this paragraph. For the purposes of this 

section, the term ‘‘Government of Iran’’

does not include any academic and 

research institutions and their 

personnel. Pursuant to this section, the 

following activities are not prohibited, 

provided that U.S. persons ensure that 

they are not engaging, without specific 

authorization, in the activities identified 

in paragraph (d) of this section: 

(1) Commissioning and making 

advance payments for identifiable 

written publications not yet in 

existence, to the extent consistent with 

industry practice; 

(2) Collaborating on the creation and 

enhancement of written publications; 

(3) Augmenting written publications 

through the addition of items such as 

photographs, artwork, translation, and 

explanatory text; 

(4) Substantive editing of written 

publications; 

(5) Payment of royalties for written 

publications; 

(6) Creating or undertaking a 

marketing campaign to promote a 

written publication; and 

(7) Other transactions necessary and 

ordinarily incident to the publishing 

and marketing of written publications as 

described in this paragraph (a).

(b) This section does not authorize 

transactions involving the provision of 

goods or services not necessary and 

ordinarily incident to the publishing 

and marketing of written publications as 

described above. For example, this 

section does not authorize U.S. persons: 

(1) To provide or receive 

individualized or customized services 

(including, but not limited to, 

accounting, legal, design, or consulting 

services), other than those necessary 

and ordinarily incident to the 

publishing and marketing of written 

publications, even though such 

individualized or customized services 

are delivered through the use of 

information and informational 

materials; 

(2) To create or undertake for any 

person a marketing campaign with 

respect to any service or product other 

than a written publication, or to create 

or undertake a marketing campaign of 

any kind for the benefit of the 

Government of Iran; 

(3) To engage in the exportation or 

importation of goods, other than 

information and informational 

materials, to or from Iran; or 

(4) To operate a publishing house, 

sales outlet, or other office in Iran. 

(c) This section does not authorize 

U.S. persons to engage the services of 

publishing houses or translators in Iran 

unless such activity is primarily for the 

dissemination of written publications in 

Iran. 

(d) This section does not authorize: 

(1) Transactions for the development, 

production, design, or marketing of 

software; 

(2) Transactions for the development, 

production, design, or marketing of 

technology specifically controlled by 

the International Traffic in Arms 

Regulations, 22 CFR parts 120 through 

130 (ITAR), the Export Administration 

Regulations, 15 CFR parts 730 through 

774 (EAR), or the Department of Energy 

Regulations set forth at 10 CFR part 810. 

(3) The exportation of information or 

technology subject to the authorization 

requirements of 10 CFR part 810, or 

Restricted Data as defined in section 11 

y. of the Atomic Energy Act of 1954, as 

amended, or of other information, data, 

or technology the release of which is 

controlled under the Atomic Energy Act 

and regulations therein; 

(4) The exportation of information 

subject to license application 

requirements under the EAR. These 

EAR license application requirements 

cover not only the exportation of 

information controlled on the 

Commerce Control List, 15 CFR part 

774, but also the exportation of any 

information subject to the EAR where a 

U.S. person knows or has reason to 

know that the information will be used, 

directly or indirectly, with respect to 

certain nuclear, missile, chemical and 

biological weapons, and nuclearmaritime end-uses. In addition, U.S. 

persons are precluded from exporting 

any information subject to the EAR to 

certain restricted end-users, as provided 

in the Commerce Department’s end-user 

and end-use based controls set forth at 

15 CFR part 744; or 

(5) The exportation of information 

subject to licensing requirements under 

the ITAR, or exchanges of information 

that are subject to regulation by other 

government agencies.

75472 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Rules and Regulations 

Dated: December 10, 2004. 

Robert W. Werner, 

Director, Office of Foreign Assets Control.

Approved: December 13, 2004. 

Juan C. Zarate, 

Assistant Secretary, Terrorist Financing and 

Financial Crimes, Department of the 

Treasury.

[FR Doc. 04–27717 Filed 12–14–04; 5:07 pm] 

BILLING CODE 4810–25–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD05–04–223] 

RIN 1625–AA–09 

Drawbridge Operation Regulations; 

Atlantic Intracoastal Waterway (AICW), 

Elizabeth River, Southern Branch, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation 

from regulations and request for 

comments. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has issued a temporary 

deviation from the drawbridge operation 

regulations to test an alternate 

drawbridge operation regulation for the 

Dominion Boulevard (US 17) Bridge 

across the Southern Branch of the 

Elizabeth River, at AICW mile 8.8, at 

Chesapeake, Virginia. Under this 

temporary 90-day deviation, from 8:30 

a.m. to 4 p.m., Monday through Friday, 

except Federal holidays, the draw of the 

bridge will open every hour on the half 

hour. During the temporary deviation, 

the bridge will continue to open on 

signal for commercial vessels that 

provide a two-hour advance notice and 

will open on demand at all times for 

commercial vessels carrying liquefied 

flammable gas or other hazardous 

materials. 

The purpose of this temporary 

deviation is to test an alternate 

drawbridge operation schedule for 90 

days and solicit comments from the 

public.

DATES: This deviation is effective from 

8:30 a.m. on December 13, 2004, to 4 

p.m. on March 13, 2005. Comments 

must reach the Coast Guard on or before 

March 14, 2005.

ADDRESSES: You may mail comments 

and related material to Commander 

(obr), Fifth Coast Guard District, Federal 

Building, 1st Floor, 431 Crawford Street, 

Portsmouth, Virginia 23704–5004, or 

they may be hand delivered to the same 

address between 8 a.m. and 4 p.m., 

Monday through Friday, except Federal 

Holidays. The Commander (obr), Fifth 

Coast Guard District maintains the 

public docket for this test schedule. 

Comments and material received from 

the public, as well as documents 

indicated in this preamble as being 

available in the docket, will become part 

of this docket and will be available for 

inspection or copying at the above 

address. 

Request for Comments 

We encourage you to participate in 

this test deviation by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this test deviation CGD05–04–223, 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period.

FOR FURTHER INFORMATION CONTACT: Bill 

Brazier, Bridge Management Specialist, 

Fifth Coast Guard District, at (757) 398–

6422.

SUPPLEMENTARY INFORMATION: In an 

effort to ease vehicle traffic congestion 

as a result of recent vessel openings of 

the drawbridge, the Coast Guard has 

issued a temporary deviation from the 

drawbridge regulations to test for a 

period of 90 days an alternate 

drawbridge operation schedule. 

Under this 90-day temporary 

deviation, effective from December 13, 

2004 to March 13, 2005, the Dominion 

Boulevard (US 17) Bridge, mile 8.8 in 

Chesapeake, shall open on signal for 

commercial vessels that provide a twohour advance notice and will open on 

demand at all times for commercial 

vessels carrying liquefied flammable gas 

or other hazardous materials. From 

December 13, 2004 to March 13, 2005, 

from 8:30 a.m. to 4 p.m., Monday 

through Friday, except Federal holidays, 

the draw need be opened only every 

hour on the half hour. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.43.

Dated: December 10, 2004. 

Waverly W. Gregory, Jr., 

Chief, Bridge Administration Branch, Fifth 

Coast Guard District.

[FR Doc. 04–27676 Filed 12–16–04; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 9 

[FRL–7849–9] 

OMB Approvals Under the Paperwork 

Reduction Act; Technical Amendment

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA), this 

technical amendment amends the table 

that lists the Office of Management and 

Budget (OMB) control numbers issued 

under the PRA for Effluent Limitations 

Guidelines and New Source 

Performance Standards for the 

Concentrated Aquatic Animal 

Production Point Source Category; Final 

Rule.

DATES: Effective Date: This final rule is 

effective December 17, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. 

Marta Jordan at (202) 566–1049.

SUPPLEMENTARY INFORMATION: EPA is 

amending the table of currently 

approved information collection request 

(ICR) control numbers issued by OMB 

for various regulations. The amendment 

updates the table to list those 

information collection requirements 

promulgated under the Effluent 

Limitations Guidelines and New Source 

Performance Standards for the 

Concentrated Aquatic Animal 

Production Point Source Category; Final 

Rule, which appeared in the Federal 

Register on August 23, 2004 (69 FR 

51892). The affected regulations are 

codified at 40 CFR part 451. EPA will 

continue to present OMB control 

numbers in a consolidated table format 

to be codified in 40 CFR part 9 of the 

Agency’s regulations, and in each CFR 

volume containing EPA regulations. The 

table lists CFR citations with reporting, 

recordkeeping, or other information 

collection requirements, and the current 

OMB control numbers. This listing of 

the OMB control numbers and their 

subsequent codification in the CFR 

satisfies the requirements of the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.) and OMB’s implementing 

regulations at 5 CFR part 1320. 

This ICR was previously subject to 

public notice and comment prior to 

OMB approval. Due to the technical 

nature of the table, EPA finds that 

further notice and comment is 

unnecessary. As a result, EPA finds that 

there is ‘‘good cause’’ under section 

553(b)(B) of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B), to