25642 Federal Register / Vol. 65, No. 86 / Wednesday, May 3, 2000 / Rules and Regulations

List of Subjects in 21 CFR Part 510

Administrative practice and

procedure, Animal drugs, Labeling,

Reporting and recordkeeping

requirements.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs and redelegated to

the Center for Veterinary Medicine, 21

CFR part 510 is amended as follows:

PART 510—NEW ANIMAL DRUGS

1. The authority citation for 21 CFR

part 510 continues to read as follows:

Authority: 21 U.S.C. 321, 331, 351, 352,

353, 360b, 371, 379e.

§ 510.600 [Amended]

2. Section 510.600 Names, addresses,

and drug labeler codes of sponsors of

approved applications is amended in

the table in paragraph (c)(1) by

removing the entry for ‘‘Global

Pharmaceutical Corp.’’ and by

alphabetically adding an entry for

‘‘IMPAX Laboratories, Inc., 30831

Huntwood Ave., Hayward, CA 94544’’;

and in the table in paragraph (c)(2) in

the entry for ‘‘000115’’ by removing the

sponsor name and address and by

adding their place ‘‘IMPAX

Laboratories, Inc., 30831 Huntwood

Ave., Hayward, CA 94544.

Dated: April 24, 2000.

Claire M. Lathers,

Director, Office of New Animal Drug

Evaluation, Center for Veterinary Medicine.

[FR Doc. 00–10932 Filed 5–2–00; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 560

Iranian Transactions Regulations:

Licensing of Imports of, and Dealings

in, Certain Iranian-Origin Foodstuffs

and Carpets

AGENCY: Office of Foreign Assets

Control, Treasury.

ACTION: Final rule; amendments.

SUMMARY: The Treasury Department is

amending the Iranian Transactions

Regulations to add general licenses

authorizing the importation into the

United States of, and dealings in, certain

Iranian-origin foodstuffs and carpets

and related transactions.

EFFECTIVE DATE: April 28, 2000.

FOR FURTHER INFORMATION CONTACT:

Steven I. Pinter, Chief of Licensing (tel.:

202/622–2480), Barbara C. Hammerle,

Deputy Chief Counsel (tel.: 202/622–

2410), Office of Foreign Assets Control,

U.S. Treasury Department, Washington,

DC 20220.

SUPPLEMENTARY INFORMATION:

Electronic and Facsimile Availability

This document is available as an

electronic file on The Federal Bulletin

Board the day of publication in the

Federal Register. By modem, dial 202/

512–1387 and type ‘‘/GO FAC,’’ or call

202/512–1530 for disk or paper copies.

This file is available for downloading

without charge in ASCII and Adobe

Acrobat readable (*.PDF) formats. For

Internet access, the address for use with

the World Wide Web (Home Page),

Telnet, or FTP protocol is:

fedbbs.access.gpo.gov. 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 in fax form through the Office’s 24-

hour fax-on-demand service: call 202/

622–0077 using a fax machine, fax

modem, or (within the United States) a

touch-tone telephone.

Background

On March 17, 2000, Secretary of State

Madeleine K. Albright announced that

economic sanctions against Iran would

be eased to allow Americans to

purchase and import carpets and food

products such as dried fruits, nuts, and

caviar from Iran. To implement this

policy, the Treasury Department’s Office

of Foreign Assets Control (‘‘OFAC’’) is

amending the Iranian Transactions

Regulations, 31 CFR part 560 (the

‘‘Regulations’’), to authorize, by general

license, the importation into the United

States of, and dealings in, certain

Iranian-origin foodstuffs and carpets

and related transactions.

Section 560.534(a) of this final rule

authorizes the importation into the

United States of Iranian-origin

foodstuffs intended for human

consumption that are classified under

chapters 2–23 of the Harmonized Tariff

Schedule of the United States (‘‘HTS’’).

Items that are classified in chapters 2–

23 of the HTS that are not foodstuffs

intended for human consumption are

not authorized for importation into the

United States by this section. This final

rule also authorizes the importation into

the United States of Iranian-origin

carpets and other textile floor coverings

and carpets used as wall hangings that

are classified under chapter 57 or

heading 9706.00.0060 of the HTS. Items

that are classified under heading

9706.00.0060 (‘‘Antiques of an age

exceeding one hundred years/Other’’)

that are not carpets and other textile

floor coverings or carpets used as wall

hangings are not authorized for

importation into the United States by

this section.

Section 560.534(b) of this rule

authorizes U.S. persons, wherever

located, to engage in transactions or

dealings in such Iranian-origin

foodstuffs and carpets, provided that

such transactions or dealings do not

involve a prohibited exportation to Iran

or the Government of Iran. Section

560.534(c) sets forth the effect of this

rule on open and closed enforcement

actions initiated by the U.S.

Government prior to the effective date of

this final rule.

Transactions ordinarily incident to

the transactions authorized in § 560.534

and necessary to give effect thereto also

are authorized as set forth in § 560.405.

Section 560.405 is amended to exclude

from the scope of permitted incidental

transactions letter of credit services

relating to transactions authorized in

§ 560.534. See § 560.405(e). Those letter

of credit services that are authorized are

set forth separately in § 560.535. Forms

of financing other than letters of credit

are permitted as incidental transactions

as set forth in § 560.405, provided that

such forms of financing do not involve

a debit or credit to an account of a

person in Iran or of the Government of

Iran maintained on the books of a U.S.

depository institution. See § 560.534(d).

Brokering services relating to

transactions authorized by this final rule

also are authorized. See § 560.535(c).

Examples of transactions permitted

under this final rule are set forth in

§§ 560.534(e) and 560.535(e).

Technical changes are made to

§ 560.405, to clarify that loading of

licensed cargo in Iran is a permitted

incidental transaction, and to § 560.524,

to clarify that the importation into the

United States of qualifying household

goods and personal effects is permitted

regardless of the time elapsed since the

importer’s arrival in the United States

from Iran.

Because the Regulations involve a

foreign affairs function, Executive Order

12866 and the provisions of 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.

Federal Register / Vol. 65, No. 86 / Wednesday, May 3, 2000 / Rules and Regulations 25643

Paperwork Reduction Act

The collections of information related

to the Regulations are contained in 31

CFR part 501 (the ‘‘Reporting and

Procedures Regulations’’). Pursuant to

the Paperwork Reduction Act of 1995

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

information were previously approved

by the Office of Management and

Budget (‘‘OMB’’) 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 in 31 CFR Part 560

Administrative practice and

procedure, Agricultural commodities,

Banks, banking, Carpets and rugs,

Drugs, Exports, Foods, Foreign trade,

Imports, Information, Investments, Iran,

Loans, Medical devices, Penalties,

Reporting and recordkeeping

requirements, Services, Specially

designated nationals, Terrorism,

Transportation.

For the reasons set forth in the

preamble, 31 CFR part 560 is amended

as set forth below:

PART 560—IRANIAN TRANSACTIONS

REGULATIONS

1. The authority citation for part 560

continues to read as follows:

Authority: 3 U.S.C. 301; 18 U.S.C. 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); 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., p. 356; E.O. 13059, 62 FR

44531, 3 CFR, 1997 Comp., p. 217.

Subpart D—Interpretations

2. Section 560.405 is amended by

revising paragraph (b), removing the

word ‘‘and’’ at the end of paragraph (c),

revising paragraph (d), and adding

paragraph (e), to read as follows:

§ 560.405 Transactions incidental to a

licensed transaction authorized.

* * * * *

(b) Provision of any transportation

services to or from Iran not explicitly

authorized in or pursuant to this part

other than loading or discharging

licensed or exempt cargo there;

* * * * *

(d) Financing of licensed sales for

exportation or reexportation of

agricultural commodities or products,

medicine or medical equipment to Iran

or the Government of Iran (see

§ 560.532); and

(e) Letter of credit services relating to

transactions authorized in § 560.534.

See § 560.535(a).

Subpart E—Licenses, Authorizations,

and Statements of Licensing Policy

3. Section 560.524 is amended by

adding a sentence to the end of

paragraph (b) to read as follows:

§ 560.524 Household goods and personal

effects.

* * * * *

(b) * * * For purposes of this

paragraph, household and personal

effects include all articles meeting the

criteria stated in this paragraph

regardless of the time elapsed since the

importer’s arrival in the United States

from Iran.

4. Section 560.534 is added to subpart

E to read as follows:

§ 560.534 Importation into the United

States of, and dealings in, certain

foodstuffs and carpets authorized.

(a) The importation into the United

States, from Iran or a third country, of

the following goods of Iranian-origin is

authorized:

(1) Foodstuffs intended for human

consumption that are classified under

chapters 2–23 of the Harmonized Tariff

Schedule of the United States;

(2) Carpets and other textile floor

coverings and carpets used as wall

hangings that are classified under

chapter 57 or heading 9706.00.0060 of

the Harmonized Tariff Schedule of the

United States.

(b) United States persons, wherever

located, are authorized to engage in

transactions or dealings in or related to

the categories of Iranian-origin goods

described in paragraph (a) of this

section, provided that the transaction or

dealing does not involve or relate to

goods, technology, or services for

exportation, reexportation, sale, or

supply, directly or indirectly, to Iran or

the Government of Iran, other than

services described in § 560.405

(‘‘Transactions incidental to a licensed

transaction authorized’’).

(c) This section does not affect any

open enforcement action initiated by the

U.S. Government prior to April 28,

2000, or any seizure, forfeiture, penalty,

or liquidated damages case that is

considered closed in accordance with

Customs or other agency regulations.

This section also does not authorize the

importation into the United States of

goods that are under seizure or

detention by U.S. Customs officials

pursuant to Customs laws or other

applicable provisions of law, until any

applicable penalties, charges, duties, or

other conditions are satisfied. This

section does not authorize importation

into the United States of goods for

which forfeiture proceedings have

commenced or of goods that have been

forfeited to the U.S. Government, other

than through Customs disposition by

selling at auction.

(d) Iranian accounts. Nothing in this

section authorizes a debit or credit to an

account of a person located in Iran or of

the Government of Iran maintained on

the books of a U.S. depository

institution.

(e) Examples. The following are

examples of transactions permitted

under this section:

(1) A United States person living

abroad is permitted to purchase or sell

an Iranian-origin carpet, as long as the

sale is not to Iran or the Government of

Iran.

(2) A United States person may

process a documentary collection

relating to the importation into the

United States of Iranian-origin

pistachios, but payment under the

documentary collection may not involve

the crediting of an account of a person

located in Iran or of the Government of

Iran maintained on the books of a U.S.

depository institution.

5. Section is 560.535 is added to

subpart E to read as follows:

§ 560.535 Letters of credit and brokering

services relating to certain foodstuffs and

carpets.

(a) Purchases from Iran or the

Government of Iran. United

States depository institutions are

authorized to issue letters of credit in

favor of a beneficiary in Iran or the

Government of Iran to pay for purchases

from Iran or the Government of Iran of

the categories of Iranian-origin goods

described in § 560.534(a), provided that

such letters of credit are not advised,

negotiated, paid, or confirmed by the

Government of Iran.

(b) Transactions or dealings in

Iranian-origin goods other than

purchases from Iran or the Government

of Iran. United States depository

institutions are authorized to issue,

advise, negotiate, pay, or confirm letters

of credit to pay for transactions in or

related to the categories of Iranian-origin

goods described in § 560.534(a), other

than purchases from Iran or the

Government of Iran, provided that such

letters of credit are not issued, advised,

negotiated, paid, or confirmed by the

Government of Iran.

(c) Brokering. United States persons,

wherever located, are authorized to act

as brokers for the purchase or sale of the

categories of Iranian-origin goods

described in § 560.534(a), provided that

the goods are not for exportation,

25644 Federal Register / Vol. 65, No. 86 / Wednesday, May 3, 2000 / Rules and Regulations

reexportation, sale, or supply, directly

or indirectly, to Iran or the Government

of Iran.

(d) Iranian accounts. Nothing in this

section authorizes a debit or credit to an

account of a person located in Iran or of

the Government of Iran maintained on

the books of a U.S. depository

institution.

(e) Examples. The following are

examples of transactions permitted

under this section:

(1) A United States depository

institution may issue a letter of credit in

favor of a person in Iran to finance the

importation into the United States of

Iranian-origin caviar; the letter of credit

may be confirmed by a third-country

bank that is not included within the

definition of the term Government of

Iran.

(2) A United States depository

institution may advise or confirm a

letter of credit issued by a third-country

bank that is not included within the

definition of the term Government of

Iran to finance the purchase from a third

country of Iranian-origin carpets by a

U.S. person or third-country national.

(3) A United States person may broker

the sale of Iranian-origin carpets from

Iran to a third-country national located

outside Iran.

(4) A bank that is owned or controlled

by the Government of Iran may forward

letter of credit documents, strictly on a

documentary collection basis, either

directly to a United States depository

institution or to a third country bank

that is not included within the

definition of the term Government of

Iran and that is party to a letter of credit

issued by a United States depository

institution. The Iranian bank may not,

however, send the documents on an

‘‘approval’’ basis, since it is not and

cannot be party to the letter of credit.

Note to § 560.535: See §§ 560.304 and

560.313 for information relating to

individuals and entities that are included

within the definition of the term Government

of Iran. Some entities meeting this definition

are listed in appendix A to this part. See also

§ 560.516 for information relating to

authorized transfers to Iran by U.S.

depository institutions relating to licensed

transactions.

Dated: April 26, 2000.

R. Richard Newcomb,

Director, Office of Foreign Assets Control.

Approved: April 27, 2000.

Elisabeth A. Bresee,

Assistant Secretary (Enforcement),

Department of the Treasury.

[FR Doc. 00–11009 Filed 4–28–00; 2:25 pm]

BILLING CODE 4810–25–P

DEPARTMENT OF TRANSPORTATION

33 CFR Part 100

[CGD07–00–035]

RIN 2115–AE47

Special Local Regulations: South

Carolina Aquarium Grand Opening

Fireworks Display, Charleston Harbor,

Charleston, SC

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: Temporary Special Local

Regulations are being adopted for the:

South Carolina Aquarium Grand

Opening fireworks display. These

regulations are needed to provide for the

safety of life on navigable waters during

the event.

DATES: These regulations become

effective at 8:30 p.m. and terminate at

10 p.m. EDT on May 20, 2000.

FOR FURTHER INFORMATION CONTACT: Lt.

Simone Brisco at (843) 724–7628.

SUPPLEMENTARY INFORMATION:

Regulatory Information

We did not publish a notice of

proposed rulemaking (NPRM) for this

regulation. Under 5 U.S.C. 553(b)(B) and

553(d)(3), the Coast Guard finds that

good cause exists for not publishing an

NPRM and making these regulations

effective less than 30 days after the

Federal Register publication. Publishing

an NPRM and delaying the effective

date would be contrary to national

safety interests since immediate action

is needed to minimize potential danger

to the public as there will be numerous

spectator craft in the area, the event date

is scheduled for May 20, 2000, and the

permit request was only recently

received.

Background and Purpose

These regulations are required to

provide for the safety of life on

navigable waters because of the inherent

danger of the storage and launching of

fireworks in the vicinity of spectator

craft in Charleston Harbor, Charleston,

SC. These regulations prohibit nonparticipating vessels from entering the

area surrounding the two fireworks

barges.

Regulatory Evaluation

This proposal is not a ‘‘significant

regulatory action’’ under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. The Office of Management and

Budget has not reviewed it under that

order. It is not ‘‘significant’’ under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040: February 26, 1979). The

Coast Guard expects the economic

impact of this proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10(e) of the regulatory

policies and procedures of DOT is

unnecessary. The regulated area will

only be in effect for approximately 11⁄2

hours.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this rule will

have a significant economic effect upon

a substantial number of small entities.

‘‘Small entities’’ include small business,

not-for-profit organizations that are

independently owned and operated and

are not dominant in their fields, and

governmental jurisdictions with

populations of less than 50,000.

The Coast Guard certifies under 5

U.S.C. 605(b) that this rule will not have

a significant economic impact on a

substantial number of small entities as

the regulations will only be in effect for

11⁄2 hours in a limited area and the

event will be highly publicized.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–221),

we offer to assist small entities in

understanding the rule so that they

could better evaluate its effects on them

and participate in the rulemaking

process. Small entities may contact the

person listed under FOR FURTHER

INFORMATION CONTACT for assistance in

understanding and participating in this

rulemaking. We also have a point of

contact for commenting on actions by

employees of the Coast Guard. Small

businesses may send comments on the

actions of Federal employees who

enforce, or otherwise determine

compliance with Federal regulations to

the Small Business and Agriculture

Regulatory Enforcement Ombudsman

and the Regional Small Business

Regulatory Fairness Boards. The

Ombudsman evaluates these actions

annually and rates each agency’s

responsiveness to small business. If you

wish to comment on actions by

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247).

Collection of Information

This rule calls for no new collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).