25194 Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Rules and Regulations 

List of Subjects in 13 CFR Part 120 

Loan programs—business, Small 

businesses. 

■ For the reasons discussed in the 

preamble, SBA amends 13 CFR part 120 

to read as follows: 

PART 120—BUSINESS LOANS 

■ 1. The authority citation for part 120 

is revised to read as follows: 

Authority: 15 U.S.C. 634(b)(6), 634(b)(7), 

634(b)(14), 633(b)(3), 636(a) and (h), 650, and 

696(3) and 697(a)(2). 

■ 2. Revise § 120.454 to read as follows: 

§ 120.454 PLP Performance Review. 

SBA may review the performance of 

a PLP Lender. 

■ 3. Add a new Subpart I to read as 

follows: 

Subpart I—Lender Oversight 

§ 120.1070 Lender oversight fees. 

Lenders are required to pay to SBA 

fees to cover costs of examinations and 

reviews and, if assessed by SBA, other 

Lender oversight activities. 

(a) Fee components: The fees may 

cover the following: 

(1) On-Site Examinations. The costs of 

conducting on-site safety and soundness 

examinations of an SBA-Supervised 

Lender, including any expenses that are 

incurred in relation to the examination. 

For the purposes of this paragraph, the 

term ‘‘SBA-Supervised Lender’’ means a 

Small Business Lending Company or a 

Non-Federally Regulated Lender. 

(2) On-Site Reviews. The costs of 

conducting an on-site review of a 

Lender, including any expenses that are 

incurred in relation to the review. 

(3) Off-Site Reviews/Monitoring. The 

costs of conducting off-site reviews/ 

monitoring of a Lender, including any 

expenses that are incurred in relation to 

the review/monitoring activities. SBA 

will assess this charge based on each 

Lender’s portion of the total dollar 

amount of SBA guarantees in SBA’s 

portfolio. SBA may waive the 

assessment of this fee for all Lenders 

owing less than a threshold amount 

below which SBA determines that it is 

not cost effective to collect the fee. 

(4) Other Lender Oversight Activities. 

The costs of additional expenses that 

SBA incurs in carrying out Lender 

oversight activities (for example, the 

salaries and travel expenses of SBA 

employees and equipment expenses that 

are directly related to carrying out 

Lender oversight activities). This charge 

will be based on each Lender’s portion 

of the total dollar amount of SBA 

guarantees in SBA’s portfolio. 

(b) Billing Process. For the on-site 

examinations or reviews conducted 

under (a)(1) and (a)(2) above, SBA will 

bill each Lender for the amount owed 

following completion of the 

examination or review. For the off-site 

reviews/monitoring conducted under 

(a)(3) above and the other Lender 

oversight expenses incurred under (a)(4) 

above, SBA will bill each Lender for the 

amount owed on an annual basis. SBA 

will state in the bill the date by which 

payment is due SBA and the approved 

payment method(s). The payment due 

date will be no less than 30 calendar 

days from the bill date. 

(c) Delinquent Payment and LatePayment Charges. Payments that are not 

received by the due date specified in the 

bill shall be considered delinquent. SBA 

will charge interest, and other 

applicable charges and penalties, on 

delinquent payments, as authorized by 

31 U.S.C. 3717. SBA may waive or abate 

the collection of interest, charges and/or 

penalties if circumstances warrant. In 

addition, a Lender’s failure to pay any 

of the fee components described in this 

section, or to pay interest, charges and 

penalties that have been charged, may 

result in a decision to suspend or revoke 

a participant’s eligibility or to limit a 

participant’s delegated authority. 

Dated: March 23, 2007. 

Steven C. Preston, 

Administrator. 

[FR Doc. E7–8516 Filed 5–3–07; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 705, 730, 736, 744, 747, 

754, 756, 760, 766, 768, 770, and 772 

[Docket No. 070411085–7088–01] 

RIN 0694–AE01 

Updated Office Names, Office 

Addresses, Statements of Legal 

Authority and Statute Name and 

Citation 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule revises office names 

and addresses to reflect a recent Bureau 

of Industry and Security (BIS) 

reorganization, updates the statements 

of legal authority for ten parts of the 

Export Administration Regulations 

(EAR), and replaces an outdated statute 

name and citation with the current 

name of that statute in one section of the 

EAR. 

DATES: This rule is effective May 4, 

2007. 

ADDRESSES: Comments concerning this 

rule 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–AE01 in all 

comments, and in the subject line of 

email comments. 

FOR FURTHER INFORMATION CONTACT: 

William Arvin, Regulatory Policy 

Division, Bureau of Industry and 

Security, Telephone: (202) 482–2440. 

SUPPLEMENTARY INFORMATION

Background 

This rule updates outdated office 

names, office addresses, legal authority 

citations and a reference to a statute as 

described below. 

Revision of Addresses in Accordance 

With Reassignment of Responsibilities 

Within BIS 

BIS recently created an Office of 

Technology Evaluation and assigned to 

it the responsibility for conducting 

investigations into the effect of imported 

articles on the national security 

pursuant to part 705 of the National 

Security Industrial Base Regulations (15 

CFR Part 705) and for conducting 

foreign availability assessments 

pursuant to part 768 of the EAR (15 CFR 

Part 768). Accordingly, this rule revises 

both of those parts to include the 

mailing address of that office. 

Updating Statements of Legal Authority 

The legal authorities for the EAR (15 

CFR 730–799) change from time to time. 

The expiration of the Export 

Administration Act on August 20, 2001, 

the issuance of Executive Order 13222 

of August 17, 2001, 3 CFR, 2001 Comp., 

p. 783 (2002) and the annual notices 

declaring the continuation of the 

international emergency noted in that 

Executive Order mean that the legal 

authority for each part of the EAR has, 

in recent years, changed at least 

annually. In addition, the authority 

citations for some parts change more 

often due to periodic updates and 

amendments to the relevant statutes. 

This rule revises the citations of 

authority for parts 730, 736, 747, 754, 

756, 760, 766, 768, 770, and 772 to 

reflect the legal authorities in currently 

in effect. 

Updating Statement of BIS Organization 

Section 730.9 of the EAR describes 

how the Bureau of Industry and 


cprice-sewell on DSK89S0YB1PROD with RULES
Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Rules and Regulations 25195 

Security is organized. This rule removes 

the reference to the Director, Office of 

International Programs from paragraph 

(a) of that section and adds a reference 

to the Office of Technology Evaluation 

to paragraph (b) of that section in 

accordance with recent BIS actions to 

eliminate the Office of International 

Programs and to create the Office of 

Technology Evaluation. 

Updating Name of a Referenced Statute 

Section 744.19 describes BIS’s 

licensing policy for transactions that 

involve certain entities sanctioned by 

the Department of State and references 

the statutes that authorize such 

sanctions. Prior to publication of this 

rule, § 744.19 referenced one such 

statute as ‘‘the Iran Nonproliferation Act 

of 2000 (Pub. L. 106–178)’’ This rule 

revises the reference to reflect the 

current name of the statute: the Iran, 

North Korea, and Syria Nonproliferation 

Act (Pub. L. 107–178, 114 Stat. 38 

(March 14, 2000), as amended by Public 

Law 109–112, 119 Stat. 2366 (November 

11, 2005) and Public Law 109–353, 120 

Stat. 2015 (October 13, 2006)). 

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 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 two collections that are subject 

to the Paperwork Reduction Act. OMB 

control number 0694–0120 applies to 

procedures for initiating investigations 

into the effect of import on national 

security pursuant to part 705 of the 

National Security Industrial Base 

Regulations. OMB Control number 

0694–0004 applies to foreign 

availability submissions and technical 

advisory committee certifications 

submitted to BIS pursuant to part 768 of 

the Export Administration Regulations. 

BIS believes that this rule will make no 

changes to the burdens associated with 

either of those two collections. Send 

comments about this collection, 

including suggestions for reducing the 

burden, to David Rostker, Office of 

Management and Budget, by e-mail to 

David_Rostker@omb.eop.gov, or by fax 

to (202) 395–7285; and to the Office of 

Administration, Bureau of Industry and 

Security, Department of Commerce, 

14th and Pennsylvania Avenue, NW., 

Room 6883, Washington, DC 20230. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under E.O. 13132. 

4. The Department finds that there is 

good cause under 5 U.S.C. 553(b)(B) to 

waive the provisions of the 

Administrative Procedure Act requiring 

prior notice and the opportunity for 

public comment because they are 

unnecessary. The changes made by this 

rule are not substantive changes. This 

rule only updates office names and 

addresses to reflect recent internal BIS 

organizational changes, updates legal 

authority citations, and updates the 

name and citation of a statute referenced 

in the National Security Industrial Base 

Regulations and the Export 

Administration Regulations. This rule 

does not alter any right, obligation or 

prohibition that applies to any person 

under those regulations. Because these 

revisions are not substantive changes, it 

is unnecessary to provide notice and 

opportunity for public comment. In 

addition, the 30-day delay in 

effectiveness required by 5 U.S.C. 553(d) 

is not applicable because this rule is not 

a substantive rule. 

List of Subjects 

15 CFR Part 705 

Administrative practice and 

procedure, Business and industry, 

exports, Government contracts, 

Reporting and recording requirements. 

15 CFR Part 730 

Administrative practice and 

procedure, Advisory committees, 

Exports, Reporting and recordkeeping 

requirements, Strategic and critical 

materials. 

15 CFR Parts 736, 770 and 772 

Exports. 

15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

15 CFR Part 747 

Administrative practice and 

procedure, Exports, Foreign trade, 

Reporting and recordkeeping 

requirements. 

15 CFR Part 754 

Agricultural commodities, Exports, 

Forests and forest products, Horses, 

Petroleum, Reporting and recordkeeping 

requirements. 

15 CFR Part 756 

Administrative practice and 

procedure, Exports, Penalties. 

15 CFR Part 760 

Boycotts, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 766 

Administrative practice and 

procedure, Confidential business 

information, Exports, Law enforcement, 

Penalties. 

15 CFR Part 768 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements, Science 

and technology. 

■ Accordingly, parts 705, 730, 736, 744, 

747, 754, 756, 760, 766, 768, 770, and 

772 of Title 15, Chapter VII of the Code 

of Federal Regulations (15 CFR parts 

700–799) are amended as follows: 

PART 705—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 705 continues to read as follows: 

Authority: Sec. 232, Trade Expansion Act 

of 1962, as amended (19 U.S.C. 1862). 

■ 2. The second sentence of § 705.5(a) is 

revised to read as follows: 

§ 705.5 Request or application for an 

investigation. 

(a) * * * The original and 1 copy 

shall be filed with the Director, Office 

of Technology Evaluation, Room H– 

1093, U.S. Department of Commerce, 

Washington, DC 20230. 

* * * * * 

PART 730—[AMENDED] 

3. 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. 


cprice-sewell on DSK89S0YB1PROD with RULES
25196 Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Rules and Regulations 

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). 

■ 4. In § 730.9, the second sentence of 

the introductory text and the second 

sentence of paragraph (a) are revised to 

read as follows: 

§ 730.9 Organization of the Bureau of 

Industry and Security. 

* * * The Under Secretary is assisted 

by a Deputy Under Secretary for 

Industry and Security, the Assistant 

Secretary for Export Administration, the 

Assistant Secretary for Export 

Enforcement, the Director of 

Administration, the Director of the 

Office of Congressional and Public 

Affairs, and the Chief Information 

Officer. * * * 

(a) * * * Its substantive work is 

carried out by six sub-units: the Office 

of Nonproliferation and Treaty 

Compliance, the Office of National 

Security and Technology Transfer 

Controls, the Office of Exporter 

Services, the Operating Committee, the 

Office of Strategic Industries and 

Economic Security, and the Office of 

Technology Evaluation. 

* * * * * 

PART 736—[AMENDED] 

■ 5. The authority citation for 15 CFR 

part 736 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. 2151 (note), 

Pub. L. 108–175; E.O. 12938, 59 FR 59099, 

3 CFR, 1994 Comp., p. 950; 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. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; 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). 

PART 744—[AMENDED] 

■ 6. The authority citation for 15 CFR 

part 744 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. 3201 et seq.; 

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

387; Sec. 221, Pub. L. 107–56; 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. 12947, 60 FR 5079, 3 

CFR, 1995 Comp., p. 356; 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; Notice of August 

3, 2006, 71 FR 44551 (August 7, 2006); Notice 

of October 27, 2006, 71 FR 64109 (October 

31, 2006). 

■ 7. Section 744.19(b) is revised to read 

as follows: 

§ 744.19 Licensing policy regarding 

persons sanctioned pursuant to specified 

statutes. 

* * * * *. 

(b) A sanction issued pursuant to the 

Iran, North Korea, and Syria 

Nonproliferation Act (Pub. L. 106–178, 

114 Stat. 38 (March 14, 2000), as 

amended by Pub. L. No. 109–112, 119 

Stat. 2366 (November 22, 2005) and 

Pub. L. No. 109–353, 120 Stat. 2015 

(October 13, 2006)) that prohibits the 

granting of a license for the transfer to 

foreign entities of items, the export of 

which is controlled under the Export 

Administration Act of 1979 or the 

Export Administration Regulations. 

* * * * * 

PART 747—[AMENDED] 

■ 8. The authority citation for 15 CFR 

part 747 is revised to read as follows: 

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

U.S.C. 1701 et seq.; Sec 1503, Pub. L. 108– 

11, 117 Stat. 559; 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). 

PART 754—[AMENDED] 

■ 9. The authority citation for 15 CFR 

part 754 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); 30 U.S.C. 185(s), 185(u); 42 U.S.C. 

6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 

E.O. 11912, 41 FR 15825, 3 CFR, 1976 Comp., 

p. 114; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of August 3, 2006, 71 

FR 44551 (August 7, 2006). 

PART 756—[AMENDED] 

■ 10. The authority citation for 15 CFR 

part 756 is revised to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

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

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

PART 760—[AMENDED] 

■ 11. The authority citation for 15 CFR 

part 760 is revised to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

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

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

PART 766—[AMENDED] 

■ 12. The authority citation for 15 CFR 

part 766 is revised to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

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

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

PART 768—[AMENDED] 

■ 13. The authority citation for 15 CFR 

part 768 is revised to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

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

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

■ 14. Section § 768.4(d) is revised to 

read as follows: 

§ 768.4 Initiation of an assessment. 

* * * * * 

(d) BIS mailing address. All foreign 

availability submissions and TAC 

certifications should be submitted to: 

Department of Commerce, Bureau of 

Industry and Security, Room H–1093, 

14th Street and Pennsylvania Avenue, 

NW, Washington, DC 20230. 

■ 15. The second sentence of § 768.8(h) 

is revised to read as follows: 

§ 768.8 Eligibility of expedited licensing 

procedures for non-controlled countries. 

* * * * * 

(h) * * * Submissions and 

certifications should be sent to: 

Department of Commerce, Bureau of 

Industry and Security, Room H–1093, 

14th Street and Pennsylvania Avenue, 

NW., Washington, DC 20230. 

PART 770—[AMENDED] 

■ 16. The authority citation for 15 CFR 

part 770 is revised to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

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

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

PART 772—[AMENDED] 

■ 17. The authority citation for 15 CFR 

part 772 is revised to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

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

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

Dated: April 30, 2007. 

Christopher A. Padilla, 

Assistant Secretary for Export 

Administration. 

[FR Doc. E7–8582 Filed 5–3–07; 8:45 am] 

BILLING CODE 3510–33–P 


cprice-sewell on DSK89S0YB1PROD with RULES