[Federal Register Volume 72, Number 78 (Tuesday, April 24, 2007)]
[Rules and Regulations]
[Pages 20221-20223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7730]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

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Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules 
and Regulations

[[Page 20221]]



DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 730, 732, 742, 746, and 774

[Docket No. 070313058-7059-01]
RIN 0694-AE00


Revisions and Technical Correction to the Export Administration 
Regulations

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: This rule amends the Export Administration Regulations (EAR) 
by making a technical correction to the contact information for the 
Drug Enforcement Administration. In addition, this rule amends the EAR 
by making corrections inadvertently omitted in three rules previously 
published in the Federal Register: the August 31, 2006, final rule 
implementing the rescission of Libya's designation as a state sponsor 
of terrorism; the November 20, 2006, final rule imposing foreign policy 
controls on surreptitious communications intercepting devices; and the 
January 26, 2007, final rule imposing restrictions on exports and 
reexports of luxury goods to the Democratic People's Republic of Korea 
(North Korea).

DATES: This rule is effective April 24, 2007.

ADDRESSES: Although this is a final rule, comments are welcome and 
should be sent to <a href="/cdn-cgi/l/email-protection#0a7a7f68666369696567676f647e794a686379246e6569246d657c"><span class="__cf_email__" data-cfemail="1a6a6f78767379797577777f746e695a787369347e7579347d756c">[email protected]</span></a>, 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-AE00 in all comments, 
and in the subject line of e-mail comments. Comments on the collection 
of information should be sent to David Rostker, Office of Management 
and Budget (OMB), by e-mail to <a href="/cdn-cgi/l/email-protection#6d290c1b0409323f021e1906081f2d02000f4308021d430a021b"><span class="__cf_email__" data-cfemail="793d180f101d262b160a0d121c0b3916141b571c1609571e160f">[email protected]</span></a>, or by fax to 
(202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Steven Emme, Regulatory Policy 
Division, Bureau of Industry and Security, Telephone: (202) 482-2440.

SUPPLEMENTARY INFORMATION: This rule makes corrections to the Export 
Administration Regulations (EAR) as described below.

Drug Enforcement Administration Contact Information

    Previously, the International Chemical Control Unit and the 
International Drug Unit of the Drug Enforcement Administration (DEA) 
oversaw the import and export of listed chemicals used in the 
production of controlled substances. However, those units of the DEA 
have merged to form the Office of Diversion Control, Import-Export 
Unit. As such, the contact information for the DEA is updated in 
Supplement No. 3 to part 730. This rule removes the contact information 
for the International Chemical Control Unit and the International Drug 
Unit of the DEA and replaces them with the contact information for the 
``Drug Enforcement Administration, Office of Diversion Control, Import-
Export Unit''. Moreover, the telephone number, fax number, and the URL 
for the homepage of said office of the DEA are included by inserting 
``Tel. (202) 307-4916, Fax: (202) 307-4702, Internet: http://www.deadiversion.usdoj.gov/imp_exp/index.html'' for ``Chemicals'' and 
``Tel. (202) 307-7182 or (202) 307-7181, Fax: (202) 307-7503, Internet: 
http://www.deadiversion.usdoj.gov/imp_exp/index.html.'' for 
``Controlled Substances''.

Rescission of Libya's Status as a State Terrorism Sponsor

    The August 31, 2006, final rule (71 FR 51714) implemented the 
rescission of Libya's designation as a state sponsor of terrorism. To 
reflect that change, this rule removes remaining associations between 
Libya and the group of terrorist supporting countries that were 
inadvertently not removed in the August 31, 2006, final rule. In 
Supplement No. 2 to Part 742, ``Libya'' is removed from the title of 
``Anti-Terrorism Controls: Iran, Libya, North Korea, Syria and Sudan 
Contract Sanctity Dates and Related Policies''. Moreover, ``Libya'' is 
removed from the introductory text to paragraph (27) of Supplement No. 
2 to Part 742, which previously stated: ``For Iran, Syria, Sudan, North 
Korea, or Libya a license is required for all such equipment described 
in ECCNs 3B001 and 3B991.''.

Surreptitious Listening Devices

    In regard to the November 20, 2006, final rule (71 FR 67034) 
imposing foreign policy controls on surreptitious communications 
intercepting devices, this rule corrects the heading to the Export 
Control Classification Number (ECCN) 5A980 for surreptitious listening 
devices. The heading of ECCN 5A980, which previously read as 
``Communications intercepting devices; and parts and accessories 
therefor.'', is removed and replaced with ``Devices primarily useful 
for the surreptitious interception of wire, oral, or electronic 
communications; and parts and accessories therefor.''.

Restriction of Luxury Goods to North Korea

    This rule corrects punctuation, wording, and a mislabeled citation, 
as well as specific ECCNs, with respect to the January 26, 2007, final 
rule (72 FR 3722) imposing restrictions on exports and reexports of 
luxury goods to North Korea. First, in Sec.  732.3, the phrase ``Cuba, 
Iran, Iraq, North Korea, and Rwanda'' is amended in the first sentence 
of the introductory text of paragraph (i) to change the ``and'' to an 
``or''. Also, the introductory text to section 746.4(a) is corrected by 
adding a parenthesis to the end of the sentence. Moreover, the 
introductory text to Supplement No. 1 to part 746 is rephrased to 
clarify the wording and correct the citation. Thus, it reads ``The 
following further amplifies the illustrative list of goods set forth in 
Sec.  746.4(b)(1):'' rather than ``The following further amplifies the 
illustrative of list luxury goods set forth in Sec.  746.4(c):''.
    Additionally, the January 26, 2007, final rule on North Korea 
further omitted necessary changes to exports or reexports of machetes 
under ECCN 0A988 and to certain microprocessors in ECCN 3A991. This 
rule corrects ECCN 0A988 by including North Korea in the license 
requirement for machetes. As such, the third sentence under 
``Control(s)'', which distinguishes

[[Page 20222]]

machete controls from conventional military steel helmet controls is 
deleted, and the second sentence is revised to read: ``A license is 
required for conventional military steel helmets as described by 
0A018.d.1 and for machetes to Iraq, North Korea, and Rwanda.''.
    For ECCN 3A991, the first of two License Requirements Notes 
provided for a No License Required designation for certain 
microprocessors with a ``Composite Theoretical Performance * * * below 
550 MTOPS'' that are exported or reexported to North Korea. This rule 
corrects that oversight by removing the first License Requirements 
Note.
    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 final 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 a collection of information subject to the requirements of the 
PRA. This collection has previously been approved by OMB under control 
number 0694-0088 (Multi-Purpose Application), which carries a burden 
hour estimate of 58 minutes to prepare and submit form BIS-748. This 
rule is not expected to result in any change for collection purposes.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under E.O. 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 and foreign affairs 
function of the United States (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 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 Steven Emme, 
Regulatory Policy Division, Bureau of Industry and Security, Department 
of Commerce, P.O. Box 273, Washington, DC 20044.

List of Subjects

15 CFR Part 730

    Administrative practice and procedure, Advisory committees, 
Exports, Reporting and recordkeeping requirements, Strategic and 
critical materials.

15 CFR Part 732

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements.

15 CFR Part 742

    Exports, Terrorism.

15 CFR Parts 746 and 774

    Exports, Reporting and recordkeeping requirements.

0
Accordingly, parts 730, 732, 742, 746, and 774 of the Export 
Administration Regulations (15 CFR parts 730-799) are corrected by 
making the following correcting amendments:

PART 730--[AMENDED]

0
1. 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. 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).


0
2. Supplement No. 3 to part 730 is amended by revising the ``Drugs, 
Chemicals and Precursors'' section to read as follows:

Supplement No. 3 to Part 730--Other U.S. Government Departments and 
Agencies With Export Control Responsibilities

* * * * *

Drugs, Chemicals and Precursors

    Chemicals: Drug Enforcement Administration, Office of Diversion 
Control, Import-Export Unit, Tel. (202) 307-4916, Fax: 202-307-4702, 
Internet: http://www.deadiversion.usdoj.gov/imp_exp/index.html.

21 CFR Parts 1311 Through 1313

    Controlled Substances: Drug Enforcement Administration, Office 
of Diversion Control, Import-Export Unit, Tel. (202) 307-7182 or 
(202) 307-7181, Fax: (202) 307-7503, Internet: http://www.deadiversion.usdoj.gov/imp_exp/index.html.

21 CFR Parts 1311 Through 1313

    Drugs and Biologics: Food and Drug Administration, Import/
Export, Tel. (301) 594-3150, Fax: (301) 594-0165.

21 U.S.C. 301 et seq .

    Investigational drugs permitted: Food and Drug Administration, 
International Affairs, Tel. (301) 443-4480, Fax: (301) 443-0235.

21 CFR 312.1106

* * * * *

PART 732--[AMENDED]

0
3. The authority citation for 15 CFR part 732 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
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).

Sec.  732.3  [Amended]

0
4. Section 732.3 is amended by revising the phrase ``Cuba, Iran, Iraq, 
North Korea, and Rwanda'' in the first sentence of the introductory 
text of paragraph (i) to read ``Cuba, Iran, Iraq, North Korea, or 
Rwanda''.

PART 742--[AMENDED]

0
5. The authority citation for 15 CFR part 742 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
18 U.S.C. 2510 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 
Sec.

[[Page 20223]]

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).


0
6. Supplement No. 2 to part 742, Anti-Terrorism Controls: Iran, Libya, 
North Korea, Syria and Sudan Contract Sanctity Dates and Related 
Policies, is amended:
0
a. By revising the heading as set forth below;
0
b. By revising the first sentence of paragraph (c)(27), to read as 
follows:

Supplement No. 2 to Part 742--Anti-Terrorism Controls: Iran, North 
Korea, Syria and Sudan Contract Sanctity Dates and Related Policies

    (c) * * *
* * * * *
    (27) Semiconductor manufacturing equipment. For Iran, Syria, 
Sudan, or North Korea, a license is required for all such equipment 
described in ECCNs 3B001 and 3B991.
* * * * *

PART 746--[AMENDED]

0
7. The authority citation for 15 CFR part 746 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. 287c; Sec 1503, Pub. L. 108-11,117 Stat. 559; 22 U.S.C. 
6004; Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 
12854, 58 FR 36587, 3 CFR 1993 Comp., p. 614; 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); Presidential Determination 2007-7 of December 7, 2006, 72 FR 
1899, January 16, 2007.

Sec.  746.4  [Amended]

0
8. In paragraph (a) of Sec.  746.4, correct the phrase ``as EAR99 
(definitions in part 772 of the EAR.'' to read ``as EAR99 (definitions 
in part 772 of the EAR).''.

0
9. In Supplement No. 1 to part 746-Examples of Luxury Goods, amend the 
introductory text to read as follows:

Supplement No. 1 to Part 746--Examples of Luxury Goods

    The following further amplifies the illustrative list of luxury 
goods set forth in Sec.  746.4(b)(1):
* * * * *

PART 774--[AMENDED]

0
12. The authority citation for 15 CFR part 774 continues 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. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et 
seq.; 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--The Commerce Control List--[Amended]

0
13. In Supplement No. 1 to part 774, Category 0--``Nuclear Materials, 
Facilities, and Equipment [and Miscellaneous Items]'' is amended by 
revising the ``License Requirements'' section of ECCN 0A988 to read as 
follows:

0A988 Conventional military steel helmets as described by 0A018.d.1; 
and machetes.

License Requirements

    Reason for Control: UN.
    Control(s): UN applies to entire entry. A license is required 
for conventional military steel helmets as described by 0A018.d.1 
and for machetes to Iraq, North Korea, and Rwanda. The Commerce 
Country Chart is not designed to determine licensing requirements 
for this entry. See part 746 of the EAR for additional information.
* * * * *
0
14. In Supplement No. 1 to part 774, Category 3--``Electronics'' is 
amended by revising the ``License Requirements Notes'' section of 3A991 
to read as follows:

3A991 Electronic devices and components not controlled by 3A001.
* * * * *
    License Requirements Notes: See 744.17 of the EAR for additional 
license requirements for commodities classified as 3A991.a.1.
* * * * *
0
15. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5--Telecommunications, ECCN 5A980 is amended by revising the 
Heading to read as follows:

5A980 Devices primarily useful for the surreptitious interception of 
wire, oral, or electronic communications; and parts and accessories 
therefor.
* * * * *

    Dated: April 18, 2007.
Eileen Albanese,
Director, Office of Exporter Services.
[FR Doc. E7-7730 Filed 4-23-07; 8:45 am]
BILLING CODE 3510-33-P


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