Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Rules and Regulations 9847 

amendment are based on the criteria 

contained in the U.S. Standard for 

Terminal Instrument Procedures 

(TERPS). In developing these chart 

changes to SIAPs, the TERPS criteria 

were applied to only these specific 

conditions existing at the affected 

airports. All SIAP amendments in this 

rule have been previously issued by the 

FAA in a FDC NOTAM as an emergency 

action of immediate flight safety relating 

directly to published aeronautical 

charts. The circumstances which 

created the need for all these SIAP 

amendments requires making them 

effective in less than 30 days. 

Further, the SIAPs contained in this 

amendment are based on the criteria 

contained in TERPS. Because of the 

close and immediate relationship 

between these SIAPs and safety in air 

commerce, I find that notice and public 

procedure before adopting these SIAPs 

are impracticable and contrary to the 

public interest and, where applicable, 

that good cause exists for making these 

SIAPs effective in less than 30 days. 

Conclusion 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore—(1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. For the same 

reason, the FAA certifies that this 

amendment will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

List of Subjects in 14 CFR Part 97 

Air Traffic Control, Airports, 

Incorporation by reference, and 

Navigation (Air). 

Issued in Washington, DC on February 23, 

2007. 

James J. Ballough, 

Director, Flight Standards Service. 

Adoption of the Amendment 

■ Accordingly, pursuant to the authority 

delegated to me, Title 14, Code of 

Federal regulations, part 97, 14 CFR part 

97, is amended by amending Standard 

Instrument Approach Procedures, 

effective at 0901 UTC on the dates 

specified, as follows: 

PART 97—STANDARD INSTRUMENT 

APPROACH PROCEDURES 

■ 1. The authority citation for part 97 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40106, 

40113, 40114, 40120, 44502, 44514, 44701, 

44719, 44721–44722. 

■ 2. Part 97 is amended to read as 

follows: 

§§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 

97.35, and 97.37 [Amended] 

By amending: § 97.23 VOR, VOR/ 

DME, VOR or TACAN, and VOR/DME 

or TACAN; § 97.25 LOC, LOC/DME, 

LDA, LDA/DME, LDA w/GS, SDF, SDF/ 

DME; § 97.27 NDB, NDB/DME; § 97.29 

ILS, MLS, TLS, GLS, WAAS PA, MLS/ 

RNAV; § 97.31 RADAR SIAPs; § 97.33 

RNAV SIAPs; § 97.35 COPTER SIAPs, 

§ 97.37 Takeoff Minima and Obstacle 

Departure Procedures. Identified as 

follows: 

* * *Effective Upon Publication 

FDC date State City Airport FDC No. Subject 

02/08/07 ...... CA FRESNO ........................ FRESNO-CHANDLER EXECUTIVE .. 7/2739 VOR/DME OR GPS–C, AMDT 5. 

02/08/07 ...... CA FRESNO ........................ FRESNO-CHANDLER EXECUTIVE .. 7/2742 GPS RWY 12R, ORIG–A. 

02/08/07 ...... CA FRESNO ........................ FRESNO-CHANDLER EXECUTIVE .. 7/2743 NDB OR GPS–B, AMDT 7A. 

02/08/07 ...... CA FRESNO ........................ FRESNO-CHANDLER EXECUTIVE .. 7/2744 GPS RWY 30L, ORIG–A. 

02/15/07 ...... WY CHEYENNE ................... CHEYENNE REGIONAL/JERRY 

OLSON FIELD.

7/3287 NDB RWY 27, AMDT 14. 

02/15/07 ...... WY CHEYENNE ................... CHEYENNE REGIONAL/JERRY 

OLSON FIELD.

7/3288 VOR OR TACAN A, AMDT 10. 

02/15/07 ...... AK ANCHORAGE ................ TED STEVENS ANCHORAGE INTL 7/3289 ILS OR LOC/DME RWY 7R, 

ORIG. 

02/15/07 ...... AK FAIRBANKS ................... FAIRBANKS INTL ............................... 7/3290 ILS RWY 1L, AMDT 7. 

02/15/07 ...... AK YAKUTAT ....................... YAKUTAT ........................................... 7/3291 ILS OR LOC/DME RWY 11, 

ORIG. 

02/15/07 ...... AK FAIRBANKS ................... FAIRBANKS INTL ............................... 7/3295 ILS RWY 19R, AMDT 21A. 

02/20/07 ...... VA WINCHESTER ............... WINCHESTER REGIONAL ................ 7/3558 VOR/DME OR GPS–A, AMDT 4. 

[FR Doc. E7–3681 Filed 3–5–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 740, 742, and 774 

[Docket No. 060117010–6010–01] 

RIN 0694–AD47 

Revisions and Clarifications of License 

Exception Availability, License 

Requirements and Licensing Policy for 

Certain Crime Control Items 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule removes the 

geographic restrictions on use of a 

license exception used to ship items to 

U.S. government agencies, applies those 

geographic restrictions on use of license 

exceptions to crime control software 

and technology, reclassifies thumbcuffs 

on the Commerce Control List, and 

restates and emphasizes BIS’s policy of 

distinguishing crime control items from 

specially designed implements of 

torture for export control purposes. 

DATES: This rule is effective March 6, 

2007. 

ADDRESSES: Comments may be 

submitted by e-mail to 

publiccomments@bis.doc.gov; by fax to 

(202) 482–3355; or on paper to 

Regulatory Policy Division, Office of 

Exporter Services, Bureau of Industry 


rwilkins on PROD1PC63 with RULES
9848 Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Rules and Regulations 

and Security, Room H2705, U.S. 

Department of Commerce, 14th Street 

and Pennsylvania Avenue, NW., 

Washington, DC 20230. Refer to 

Regulatory Identification Number (RIN) 

0694-AD47 in all comments. Comments 

on the information collection should 

also be sent to David Rostker, Office of 

Management and Budget Desk Officer; 

by e-mail to 

david_rostker@omb.eop.gov; or by fax to 

(202) 395–7285. Refer to Regulatory 

Identification Number (RIN) 0694–AD47 

in all comments. 

FOR FURTHER INFORMATION CONTACT: 

Steven B. Clagett, Director, Nuclear and 

Missile Technology Controls Division, 

Office of Nonproliferation and Treaty 

Compliance (202) 482–4188. 

SUPPLEMENTARY INFORMATION: 

Background 

The Export Administration 

Regulations (EAR) impose license 

requirements on certain items because 

of their potential use in crime control 

activities. These license requirements 

are maintained to support U.S. foreign 

policy to promote human rights. This 

rule revises the EAR to make certain 

shipments of crime control items 

consigned to and for the use of U.S. 

government agencies eligible for a 

license exception. It also clarifies and 

strengthens limits on use of License 

Exceptions for crime control items 

generally and clearly delineates between 

our export control policies regarding 

legitimate crime control items (a policy 

of reviewing license applications based 

on the human rights record in the 

destination country with some 

exceptions to the license requirements 

available in appropriate circumstances) 

and our policies regarding specially 

designed implements of torture (a 

general policy of denial of license 

applications and no license exceptions 

available). In addition to these changes, 

BIS is continuing to review the list of 

items restricted for crime control 

reasons to ensure that such controls 

keep pace with the technologies 

currently used by law enforcement. The 

specific changes made by this rule are 

described more fully below. 

Specific Changes Made by This Rule 

Clarification of the Application of the 

Restrictions in § 740.2(a)(4) to Software 

and Technology 

This rule replaces the word 

‘‘commodities’’ in paragraph (a)(4) of 

§ 740.2 with the word ‘‘items’’ to make 

clear that the restrictions of paragraph 

(a)(4) on the use of License Exceptions 

to export or reexport crime control items 

apply to software and technology, as 

well as commodities. 

Exemption of Exports and Reexports to 

and for the Official Use of the United 

States Government From the 

Restrictions of § 740.2(a)(4) 

This rule revises paragraph (a)(4) of 

§ 740.2 to permit the use of License 

Exception GOV for the export of items 

subject to § 742.7 of the EAR if 

consigned to and for the official use of 

any U.S. government agency, 

worldwide. Although this change 

applies to any U.S. Government agency, 

BIS is making it at this time because of 

the need to supply U.S. armed forces in 

locations that, prior to publication of 

this rule, would be subject to the 

geographic restriction on use of License 

Exceptions for crime control items. This 

rule does not expand the scope of 

eligible recipients under License 

Exception GOV. In particular, this rule 

does not make shipments consigned to 

contractors employed by the U.S. 

government eligible for License 

Exception GOV. This rule also reformats 

paragraph (a)(4) while retaining its preexisting exemptions for shipments to 

NATO countries, Australia, New 

Zealand and Japan as well as certain 

shipments of shotguns for personal use. 

Clarification of Policy Regarding 

Specially Designed Implements of 

Torture 

This rule creates a new paragraph 

(a)(10) in § 740.2. The new paragraph 

(a)(10) expressly prohibits the use of 

License Exceptions for all commodities 

subject to the license requirements of 

§ 742.11 of the EAR (specially designed 

implements of torture and some related 

commodities). 

Clarification of the Applicability of 

§ 742.11 to All Commodities in ECCN 

0A983 

This rule revises the heading and 

paragraph (a) of § 742.11 of the EAR to 

make clear that the license requirements 

and licensing policy of that section 

apply to all commodities that are 

controlled by Export Control 

Classification Number (ECCN) 0A983. 

Such was BIS’s interpretation prior to 

publication of this rule and BIS does not 

view this as a substantive change. 

However, prior to publication of this 

rule, ECCN 0A983 referred to ‘‘specially 

designed implements of torture and 

thumbscrews; and parts and accessories, 

n.e.s.,’’ whereas § 742.11 referred to 

‘‘specially designed implements of 

torture controlled by ECCN 0A983.’’

This rule makes the wording of the 

headings of § 742.11 and ECCN 0A983 

identical and revises the license 

requirements section of § 742.11 to refer 

to ‘‘any commodity controlled by ECCN 

0A983.’’

Placement of Thumbcuffs in ECCN 

0A983 To Reflect Licensing Policy 

This rule removes thumbcuffs from 

ECCN 0A982 and adds them to ECCN 

0A983. BIS’s licensing policy is 

generally to deny applications to export 

or reexport thumbcuffs. Controlling 

them under ECCN 0A983, for which 

§ 742.11 of the EAR provides a general 

policy of denial, more accurately states 

BIS’s licensing policy than does 

controlling them under ECCN 0A982, 

for which § 742.7 provides for favorable 

case-by-case consideration ‘‘unless there 

is civil disorder in the country or region 

or unless there is evidence that the 

government of the importing country 

may have violated internationally 

recognized human rights.’’ In addition, 

this change will make thumbcuffs 

ineligible for any License Exception 

under any circumstances. This rule also 

adds a ‘‘related controls’’ note to ECCN 

0A982 to guide readers to ECCN 0A983 

for controls on thumbcuffs. 

Although the Export Administration 

Act of 1979 (EAA), as amended, expired 

on August 20, 2001, 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), continues the 

EAR in effect under the International 

Emergency Economic Powers Act 

(IEEPA). 

Rulemaking Requirements 

1. This rule has been determined to be 

not significant for purposes of Executive 

Order 12866. 

2. Notwithstanding any other 

provision 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 regulation 

involves collections previously 

approved by the OMB under control 

numbers 0694–0088, ‘‘Multi-Purpose 

Application,’’ which carries a burden 

hour estimate of 58 minutes to prepare 

and submit form BIS–748. 

Miscellaneous and recordkeeping 

activities account for 12 minutes per 

submission. BIS estimates that this rule 

will reduce the number of multipurpose application forms that must be 

filed by about 100 per year. 

3. This rule does not contain policies 

with Federalism implications as that 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Rules and Regulations 9849 

term is defined in Executive Order 

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 or foreign 

affairs function of the United States (see 

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 rule. 

Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

given for this rule by 5 U.S.C. 553, or 

by any other law, the analytical 

requirements of the Regulatory 

Flexibility Act, 5 U.S.C. 601 et. seq., are 

not applicable. 

List of Subjects 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, parts 740, 742 and 774 of the 

Export Administration Regulations (15 

CFR 730–799) are amended as follows: 

PART 740—[AMENDED] 

■ 1. The authority citation for part 740 

continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; Sec. 901–911, Pub. L. 

106–387; E.O. 13026, 61 FR 58767, 3 CFR, 

1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

3, 2006, 71 FR 44551 (August 7, 2006). 

■ 2. In § 740.2, revise paragraph (a)(4) 

and add paragraph (a)(10) to read as 

follows: 

§ 740.2 Restrictions on all License 

exceptions. 

(a) * * * 

(4) The item being exported or 

reexported is subject to the license 

requirements described in § 742.7 of the 

EAR and the export or reexport is not: 

(i) Being made to Australia, Japan, 

New Zealand, or a NATO (North 

Atlantic Treaty Organization) member 

state (see NATO membership listing in 

§ 772.1 of the EAR); 

(ii) Authorized by § 740.11(b)(2)(ii) 

(official use by personnel and agencies 

of the U.S. government); or 

(iii) Authorized by § 740.14(e) of the 

EAR (certain shotguns and shotgun 

shells for personal use). 

* * * * * 

(10) The commodity being exported or 

reexported is subject to the license 

requirements of § 742.11 of the EAR. 

* * * * * 

PART 742—[AMENDED] 

■ 3. The authority citation for part 742 

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. 3201 et seq.; 

42 U.S.C. 2139a; Sec. 901–911, Pub. L. 106–

387; Sec. 221, Pub. L. 107–56; Sec. 1503, Pub. 

L. 108–11,117 Stat. 559; 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. 13026, 61 FR 58767, 3 

CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 

44025, 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); Notice of October 27, 2006, 71 FR 

64109 (October 31, 2006). 

■ 4. In § 742.11, revise the heading and 

paragraph (a) to read as follows: 

§ 742.11 Specially designed implements of 

torture, thumbscrews, and thumbcuffs; and 

parts and accessories, n.e.s. 

(a) License Requirements. In support 

of U.S. foreign policy to promote the 

observance of human rights throughout 

the world, a license is required to export 

any commodity controlled by ECCN 

0A983 to all destinations including 

Canada. 

* * * * * 

PART 774—[AMENDED] 

■ 5. The authority citation for part 774 

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. 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. 13026, 61 FR 58767, 3 CFR, 

1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

3, 2006, 71 FR 44551 (August 7, 2006). 

Supplement No. 1 to Part 774—

[Amended] 

■ 6. In Supplement No. 1 to Part 774, 

Category 0, Export Control Classification 

Number 0A982, revise the heading and 

the ‘‘Related Controls’’ paragraph in the 

‘‘List of Items Controlled’’ section to 

read as follows: 

0A982 Restraint devices, including leg 

irons, shackles, and handcuffs; straight 

jackets, plastic handcuffs; and parts 

and accessories, n.e.s. 

* * * * * 

List of Items Controlled 

Unit * * * 

Related Controls: Thumbcuffs are 

controlled under ECCN 0A983. 

* * * * * 

Supplement No. 1 to Part 774—

[Amended] 

■ 7. In Supplement No. 1 to Part 774, 

Category 0, Export Control Classification 

Number 0A983, revise the heading to 

read as follows: 

0A983 Specially designed implements 

of torture, thumbscrews, and 

thumbcuffs; and parts and accessories, 

n.e.s. 

* * * * * 

Dated: February 26, 2007. 

Christopher A. Padilla, 

Assistant Secretary for Export 

Administration. 

[FR Doc. E7–3895 Filed 3–5–07; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 310 and 358 

[Docket No. 2005N–0448] 

RIN 0910–AF49 

Dandruff, Seborrheic Dermatitis, and 

Psoriasis Drug Products Containing 

Coal Tar and Menthol for Over-theCounter Human Use; Amendment to 

the Monograph 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is issuing a final 

rule amending the final monograph 

(FM) for over-the-counter (OTC) 

dandruff, seborrheic dermatitis, and 

psoriasis drug products to include the 

combination of 1.8 percent coal tar 

solution and 1.5 percent menthol in a 

shampoo drug product to control 

dandruff. FDA did not receive any 

comments or data in response to its 

previously proposed rule to include this 

combination. This final rule is part of 

FDA’s ongoing review of OTC drug 

products. 

DATES: Effective Date: This regulation is 

effective April 5, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Michael L. Chasey, Center for Drug 


rwilkins on PROD1PC63 with RULES