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

76561

Vol. 65, No. 236

Thursday, December 7, 2000

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 736 and 744

[Docket No. 001128335–0335–01]

RIN 0694–AC38

General Order Concerning Shaykh

Hamad bin Ali bin Jaber Al-Thani, Gulf

Falcon Group, Ltd., and Related

Entities

AGENCY: Bureau of Export

Administration, Commerce.

ACTION: Final rule.

SUMMARY: The Bureau of Export

Administration is issuing General Order

No. 3 which imposes a license

requirement for exports and reexports of

all items subject to the Export

Administration Regulations (EAR) that

are on the Commerce Control List

destined to or for Shaykh Hamad bin Ali

bin Jaber Al-Thani and entities related

to or controlled by him, as follows: Gulf

Falcon Group, Ltd. located in Doha,

Qatar; Air Gulf Falcon located in

Sharjah, United Arab Emirates; Falcon

Aircraft Maintenance Center located in

Sharjah, United Arab Emirates; and

Falcon Air Leasing located in Sharjah,

United Arab Emirates. This order also

prohibits the use of License Exceptions

for exports and reexports of all items

subject to the EAR that are listed on the

Commerce Control List to these entities.

This rule amends the EAR to implement

General Order No. 3.

EFFECTIVE DATE: This rule is effective

December 7, 2000.

FOR FURTHER INFORMATION CONTACT:

Eileen Albanese, Director, Office of

Exporter Services, Bureau of Export

Administration, Telephone: (202) 482–

0436.

SUPPLEMENTARY INFORMATION:

Background

On November 16, 2000, Shaykh

Hamad bin Ali bin Jaber Al-Thani

delivered to Baghdad, Iraq, a Boeing 747

aircraft to Iraqi President Saddam

Hussein as a gift. This action violated

the United Nations Security Council

resolution restricting trade with Iraq. To

guard against further such diversions to

Iraq, the Department of Commerce is

issuing General Order No. 3 imposing a

license requirement for exports and

reexports of all items subject to the EAR

that are listed on the Commerce Control

List destined to or for Shaykh Hamad

bin Ali bin Jaber Al-Thani and entities

related to or controlled by him, as

follows: Gulf Falcon Group, Ltd. located

in Doha, Qatar; Air Gulf Falcon located

in Sharjah, United Arab Emirates;

Falcon Aircraft Maintenance Center

located in Sharjah, United Arab

Emirates; and Falcon Air Leasing

located in Sharjah, United Arab

Emirates. This order also prohibits the

use of License Exceptions (see part 740

of the EAR) for exports and reexports of

items subject to the EAR that are listed

on the Commerce Control List to such

entities. This rule amends the EAR to

implement General Order No. 3.

To assist readers in finding in the

EAR these additional end-users subject

to special restrictions with respect to

exports and reexports, this rule also

adds a new section 744.15 to part 744,

‘‘Control Policy: End-User and End-Use

Based,’’ which provides a cross

reference to the prohibitions contained

in the general orders in Supplement No.

1 to part 736.

Saving Clause

Shipments of items subject to the

requirements of General Order No. 3

that are removed from License

Exception or NLR eligibility as a result

of this regulatory action that were on

dock for loading, on lighter, laden

aboard an exporting or reexporting

carrier, or en route aboard carrier to a

port of export or reexport pursuant to

actual orders for export on December 7,

2000 may be exported or reexported

under the previous License Exception or

NLR provisions up to and including

December 14, 2000. Any such items not

actually exported or reexported before

midnight December 14, 2000, require a

license in accordance with General

Order No. 3.

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, unless that collection of

information displays a currently valid

Office of Management and Budget

Control Number. This rule involves a

collection of information subject to the

Paperwork Reduction Act of 1980 (44

U.S.C. 3501 et seq.). This collection has

been approved by the Office of

Management and Budget under control

number 0694–0088, ‘‘Multi-Purpose

Application,’’ which carries a burden

hour estimate of 45 minutes for a

manual submission and 40 minutes for

an electronic submission.

3. This rule does not contain policies

with Federalism implications sufficient

to warrant preparation of a Federalism

assessment 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 interim 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

Sharron Cook, Office of Exporter

Services, Bureau of Export

Administration, Department of

Commerce, P.O. Box 273, Washington,

DC 20044.

76562 Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / Rules and Regulations

1Securities Exchange Act Release No. 40760 (Dec.

8, 1998), 63 FR 70844 (December 22, 1998)

(‘‘Adopting Release’’).

2Securities Exchange Act Release No. 42603A

(March 31, 2000), 65 FR 18888 (April 10, 2000)

(‘‘Stay of Effectiveness Release’’).

List of Subjects

15 CFR Part 736

Exports, Foreign trade.

15 CFR Part 744

Exports, Foreign trade, Reporting and

recordkeeping requirements.

Accordingly, parts 736 and 744 of the

Export Administration Regulations (15

CFR parts 730–799) are amended as

follows:

PART 736—[AMENDED]

1. The authority citation for 15 CFR

part 736 is revised to read as follows:

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

L. No. 106–508; 50 U.S.C. 1701 et seq.; E.O.

12924, 59 FR 43437, 3 CFR, 1994 Comp., p.

917; E.O. 13026, 61 FR 58767, 3 CFR, 1996

Comp., p. 228; Notice of August 3, 2000 (65

FR 48347, August 8, 2000).

2. Supplement No. 1 to Part 736 is

amended by adding and reserving

General Order No. 2 and adding General

Order No. 3 to read as follows:

Supplement No. 1 to Part 736—General

Orders

* * * * *

General Order No. 2 [Reserved]

General Order No. 3 of December 7,

2000; Imposition of license

requirements and prohibition on use of

any License Exceptions for exports and

reexports of items subject to the EAR

that are listed on the Commerce Control

List to Shaykh Hamad bin Ali bin Jaber

Al-Thani and entities related to or

controlled by him, as follows: Gulf

Falcon Group, Ltd. located in Doha,

Qatar; Air Gulf Falcon located in

Sharjah, United Arab Emirates; Falcon

Aircraft Maintenance Center located in

Sharjah, United Arab Emirates; and

Falcon Air Leasing located in Sharjah,

United Arab Emirates.

(a) License requirements. Effective

December 7, 2000, a license is required

for all items subject to the EAR that are

listed on the Commerce Control List

destined to or for: Shaykh Hamad bin

Ali bin Jaber Al-Thani and entities

related to or controlled by him, as

follows: Gulf Falcon Group, Ltd. located

in Doha, Qatar; Air Gulf Falcon located

in Sharjah, United Arab Emirates;

Falcon Aircraft Maintenance Center

located in Sharjah, United Arab

Emirates; and Falcon Air Leasing

located in Sharjah, United Arab

Emirates.

(b) License Exceptions. No License

Exceptions are available for exports or

reexports to the entities described in

paragraph (a) of this General Order.

(c) Licensing policy. Items will be

reviewed on a case-by-case basis to

determine whether there is a risk of

diversion contrary to United Nations

sanctions or U.S. law.

PART 744—[AMENDED]

3. The authority citation for 15 CFR

part 744 is revised to read as follows:

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

L. No. 106–508; 50 U.S.C. 1701 et seq.; 22

U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 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. 12924, 59 FR 43437, 3

CFR, 1994 Comp., p. 917; E.O. 12938, 59 FR

59099, 3 CFR, 1994 Comp., p. 950; E.O.

13026, 61 FR 58767, 3 CFR, 1996 Comp., p.

228; Notice of November 9, 2000 (65 FR

68063, November 13, 2000); Notice of August

3, 2000 (65 FR 48347, August 8, 2000).

4. Part 744 is amended by adding

section 744.15 to read as follows:

§ 744.15 Restrictions on exports and

reexports to persons named in General

Orders.

Supplement No. 1 to part 736 of the

EAR names certain persons (individuals

and other legal entities) subject to

special restrictions with respect to

exports and reexports subject to the

EAR. You may not violate any order

issued under or made a part of the EAR,

per General Prohibition nine of part 736

of the EAR.

Dated: November 27, 2000.

R. Roger Majak,

Assistant Secretary for Export

Administration.

[FR Doc. 00–31101 Filed 12–6–00; 8:45 am]

BILLING CODE 3510–33–P

SECURITIES AND EXCHANGE

COMMISSION

17 CFR Part 242

[Release No. 34–43651; File No. S7–12–98]

RIN 3235–AH41

Regulation of Alternative Trading

Systems; Extension of Temporary Stay

of Effectiveness

AGENCY: Securities and Exchange

Commission.

ACTION: Extension of temporary stay of

effectiveness.

SUMMARY: The Securities and Exchange

Commission extends the stay of

effectiveness of Rules 301(b)(5)(i)(D) and

(E) and 301(b)(6)(i)(D) and (E) until

December 1, 2001. These provisions

relate to alternative trading systems that

trade certain categories of debt

securities. This stay is necessary to

provide sufficient time for a reporting

system to be developed that would

compile and publish data for investment

grade and non-investment grade

corporate debt instruments. The other

alternative trading system rules, which

were published in 63 FR 70844 on

December 22, 1998, remain effective as

previously stated.

DATES: 17 CFR 242.301(b)(5)(i)(D) and

(E) and 242.301(b)(6)(i)(D) and (E) are

stayed until December 1, 2001.

FOR FURTHER INFORMATION CONTACT: John

Polise, Senior Special Counsel, at (202)

942–0068, Gordon Fuller, Special

Counsel, at (202) 942–0792, or Steven

Johnston, Special Counsel at (202) 942–

0795, Division of Market Regulation,

Securities and Exchange Commission,

450 Fifth Street, NW., Washington, DC

20549–1001.

SUPPLEMENTARY INFORMATION:

I. Background

On December 8, 1998, the Securities

and Exchange Commission

(‘‘Commission’’) adopted new rules and

rule amendments to allow alternative

trading systems to choose whether to

register as national securities exchanges,

or to register as broker-dealers and

comply with additional requirements

under Regulation ATS, depending on

their activities and trading volume.1 The

effective date for most of these new

rules and rule amendments was April

21, 1999. The Commission stated in the

adopting release that Rules

301(b)(5)(i)(D) and (E) and

301(b)(6)(i)(D) and (E) would become

effective on April 1, 2000. Specifically,

for alternative trading systems trading

20 percent or more of the average daily

trading volume in either investment

grade or non-investment grade corporate

debt securities over at least four of the

preceding six months, the fair access

and systems capacity, security, and

integrity requirements were to take

effect on April 1, 2000. On March 31,

2000, the Commission issued a

temporary stay of effectiveness for Rules

301(b)(5)(i)(D) and (E) until December 1,

2000.2

II. Extension of Temporary Stay of

Effectiveness of Rules 301(b)(5)(i)(D)

and (E) and 301(b)(6)(i)(D) and (E)

In the Adopting Release and the Stay

of Effectiveness Release, we noted that

volume data for investment grade and

non-investment grade corporate debt

was not yet being compiled or

published. Accordingly, market