This section of the FEDERAL REGISTER

contains regulatory documents 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.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

20221 

Vol. 72, No. 78 

Tuesday April 24, 2007 

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 publiccomments@bis.doc.gov, 

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 email comments. Comments on the 

collection of information should be sent 

to David Rostker, Office of Management 

and Budget (OMB), by e-mail to 

David_Rostker@omb.eop.gov, 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, ImportExport 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 ‘‘AntiTerrorism 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 § 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 

§ 746.4(b)(1):’’ rather than ‘‘The 

following further amplifies the 

illustrative of list luxury goods set forth 

in § 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 


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20222 Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations 

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. 

■ 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] 

■ 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). 

■ 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] 

■ 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). 

§ 732.3 [Amended] 

■ 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] 

■ 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. 


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Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations 20223 

1A ‘‘full withdrawal’’ terminates registration with 

the SEC, all SROs, and all jurisdictions. However, 

a ‘‘partial withdrawal’’ terminates registration with 

specific jurisdictions and SROs, but does not 

terminate registration with the SEC and at least one 

SRO and jurisdiction. 

2Section 15(b) of the Securities Exchange Act of 

1934 (‘‘Exchange Act’’) provides that broker-dealers 

can register and withdraw from registration under 

procedures developed by the Commission. 

Exchange Act Rule 15b1–1 requires that an 

application for registration of a broker or dealer that 

is filed pursuant to Section 15(b) of the Exchange 

Act be filed on Form BD in accordance with the 

instructions on the form. Exchange Act Rule 15b6–

1 requires that a notice of withdrawal from 

registration as a broker or dealer filed pursuant to 

Section 15(b) of the Exchange Act be filed on Form 

BDW in accordance with the instructions on the 

form. 

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). 

■ 6. Supplement No. 2 to part 742, AntiTerrorism Controls: Iran, Libya, North 

Korea, Syria and Sudan Contract 

Sanctity Dates and Related Policies, is 

amended: 

■ a. By revising the heading as set forth 

below; 

■ b. By revising the first sentence of 

paragraph (c)(27), to read as follows: 

Supplement No. 2 to Part 742—AntiTerrorism 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] 

■ 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. 

§ 746.4 [Amended] 

■ 8. In paragraph (a) of § 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).’’. 

■ 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 

§ 746.4(b)(1): 

* * * * * 

PART 774—[AMENDED] 

■ 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] 

■ 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. 

* * * * * 

■ 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. 

* * * * * 

■ 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 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 249 

[Release No. 34–55643] 

Technical Amendments to Form BD 

and Form BDW 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule; technical 

amendments. 

SUMMARY: The Securities and Exchange 

Commission (‘‘Commission’’ or ‘‘SEC’’) 

is making technical amendments to 

Form BD and Form BDW, the uniform 

broker-dealer registration form and the 

uniform request for withdrawal from 

broker-dealer registration, respectively. 

The technical amendments will update 

the current list of self-regulatory 

organizations (‘‘SROs’’) and government 

jurisdictions listed on Form BD and 

Form BDW, and make conforming 

changes to the definition ‘‘jurisdiction’’

in the forms. 

DATES: Effective Date: April 23, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Paula Jenson, Deputy Chief Counsel, or 

Haimera Workie, Branch Chief, at (202) 

551–5550, Office of the Chief Counsel, 

Division of Market Regulation, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549. 

SUPPLEMENTARY INFORMATION: Form BD 

requires an applicant or registrant to 

indicate the SRO and governmental 

jurisdiction with which it is registering 

or registered. For a ‘‘partial 

withdrawal,’’ 1 Form BDW requires the 

applicant to specify the SRO and 

governmental jurisdiction from which it 

is withdrawing.2 The Commission is 

making technical amendments to Item 2 

of Form BD and Item 3 of Form BDW 

to update the list of governmental 

jurisdictions to include the United 

States Virgin Islands, and to update the 


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