31622 Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 /Rules and Regulations

September 16, 1997, is amended as

follows:

Paragraph 6005: Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

ASW LA E5 Leeville, LA [Revised]

Point in Space Coordinates

(Lat 29°10′40′′ N.,long. 90°11′30′′ W.)

That airspace extending upward from 700

feet above the surface within an 8.5-mile

radius of the point in space in Leeville, LA,

excluding that airspace within the Grand Isle,

LA Class E airspace area.

* * * * *

Issued in Fort Worth, TX, on June 2, 1998.

Albert L. Viselli,

Acting Manager, Air Traffic Division,

Southwest Region.

[FR Doc. 98–15461 Filed 6–9–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 705

[Docket No. 980508121–8121–01]

RIN 0694–AB58

Effect of Imported Articles on the

National Security

AGENCY: Bureau of Export

Administration, Commerce.

ACTION: Final rule.

SUMMARY: The Department of Commerce

is revising its regulation on the ‘‘Effect

of Imported Articles on the National

Security’’ (47 FR 14693, April 6, 1982;

redesignated at 54 FR 601, January 6,

1989; and amended at 54 FR 19355, May

5, 1989 (15 C.F.R. Part 705)) to reflect

amendments to Section 232 of the Trade

Expansion Act of 1962. These

amendments include requirements for

additional action to be taken by the

Secretary of Commerce upon

commencing, conducting, and

completing an investigation, and

reporting the disposition of an

investigation to the Congress. The

amendments also specify action to be

taken by the President in making a

determination to take action to adjust

the imports of the article which is the

subject of the investigation.

EFFECTIVE DATE: This rule is effective

July 10, 1998.

FOR FURTHER INFORMATION CONTACT:

Brian H. Nilsson, Section 232

Investigations Program Manager, Office

of Strategic Industries and Economic

Security, Room 3876, U.S. Department

of Commerce, 14th Street and

Constitution Avenue, Washington, D.C.

20230; telephone: (202) 482–3795, FAX:

(202) 482–5650, and E-Mail:

bnilsson@bxa.doc.gov.

SUPPLEMENTARY INFORMATION:

Background

Section 232 of the Trade Expansion

Act of 1962, as amended (19 U.S.C.

1862) (the Act) authorizes investigations

to determine the effects on the national

security of imports of articles which are

the subject of a request for an

investigation. The implementing

regulation, ‘‘Effect of Imported Articles

on the National Security’’ (47 FR 14693,

April 6, 1982; redesignated at 54 FR

601, January 6, 1989; and amended at 54

FR 19355, May 5, 1989 (15 C.F.R. Part

705)), prescribes procedures to be

followed by the Department of

Commerce (the Department) to

commence and conduct such

investigations. Because of amendments

in 1988 to Section 232 of the Act, this

regulation must be revised to set forth

requirements for additional action to be

taken by the Secretary of Commerce

upon commencing, conducting, and

completing an investigation, and

reporting the disposition of the

investigations to the Congress. The

amendments also specify action to be

taken by the President in making

determinations to take action to adjust

the imports of the article which is the

subject of the investigation.

Changes to the regulation with

reference to the applicable sections of

the Act include the following:

1. Section 705.3 (Commencing an

investigation) is revised to require the

Secretary of Commerce to provide

immediate notice to the Secretary of

Defense of any investigation initiated

under the regulation [Section

232(b)(1)(B) of the Act; 19 U.S.C.

1862(b)(1)(B)].

2. Section 705.7(d) (Conduct of an

investigation) is revised to require

consultation by the Secretary of

Commerce with the Secretary of Defense

regarding the methodology and policy

questions raised in an investigation,

and, upon the request of the Secretary

of Commerce, to require the Secretary of

Defense to provide an assessment of the

defense requirements of the article being

investigated [Section 232(b)(2) of the

Act; 19 U.S.C. 1862(b)(2)].

3. Section 705.10 (Report of an

investigation and recommendation) is

revised to simplify the organization of

the report of an investigation, to reduce

the time from one year to 270 days for

the Department to conduct an

investigation and report to the

President, and to provide for

publication in the Federal Register of an

Executive Summary of the report and

availability to the public of the full

report [Section 232(b)(3); 19 U.S.C.

1862(b)(3)].

4. A new section 705.11

(Determination by the President and

adjustment of imports) is added to

include in the regulation the

requirements imposed upon the

President under Section 232(c) of the

Act [19 U.S.C. 1862(c)]. Upon

submission of the report of an

investigation by the Secretary of

Commerce in which the Department has

found that an article is being imported

into the U.S. in such quantities or under

such circumstances as to threaten to

impair the national security, the

President must take certain action

within a specified period of time as set

forth in the Act.

5. A new section 705.12 (Disposition

of an investigation and report to the

Congress) is also added to require

reports to the Congress pertaining to the

disposition of each request, application,

or motion for an investigation and the

operation of the Act’s provisions

[Section 232(e); 19 U.S.C. 1862(e)].

6. Finally, in sections 705.5(a)

(Request or application for an

investigation), 705.7(b) (Conduct of an

investigation), and 705.8(b)(6) (Public

hearings), technical revisions are made

to update the references to the Office of

Industrial Resource Administration and

the room number of the Bureau of

Export Administration Freedom of

Information Records Inspection Facility.

Rulemaking Requirements

The Department has made certain

determinations with respect to the

following rulemaking requirements:

1. Classification under E.O. 12866:

The revision of this regulation (15 CFR

Part 705) has been determined to be

‘‘not significant’’ for purposes of

Executive Order 12866.

2. Administrative Procedure Act and

Regulatory Flexibility Act: Because this

rule pertains to agency procedures and

the rulemaking procedures of the

Administrative Procedure Act (5 U.S.C.

553(b)(A)) or any other are not

applicable, this rule is not subject to the

analytical requirements of Section 3(a)

of the Regulatory Flexibility Act (5

U.S.C. 601–612).

3. Paperwork Reduction Act: This rule

does not contain a collection of

information for purposes of the

Paperwork Reduction Act of 1980 (44

U.S.C. 3501–3520).

4. Executive Order 12612: This

proposed rule does not contain policies

with Federalism implications sufficient

to warrant preparation of a Federalism

assessment under E.O. 12612.
Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 /Rules and Regulations 31623

List of Subjects in 15 CFR Part 705

Administrative practice and

procedure, Business and industry,

Classified information, Confidential

business information, Imports,

Investigations, National Security.

For the reasons set forth in the

preamble, part 705 of Subchapter A,

National Security Industrial Base

Regulations is amended as follows:

PART 705—[AMENDED]

1. The authority citation for 15 CFR

part 705 is revised to read as follows:

Authority: Section 232 of the Trade

Expansion Act of 1962, as amended (19

U.S.C. 1862) and Reorg. Plan No. 3 of 1979

(44 FR 69273, December 3, 1979).

2. Section 705.3 is amended by

designating the existing text as

paragraph (a) and by adding a new

paragraph (b), as follows:

§ 705.3 Commencing an investigation.

(a) * * *

(b) The Secretary shall immediately

provide notice to the Secretary of

Defense of any investigation initiated

under this part.

§ 705.5 [Amended]

3. In § 705.5(a), the reference to

‘‘Office of Industrial Resource

Administration’’ is revised to read

‘‘Office of Strategic Industries and

Economic Security.’’

4. Section 705.7 is amended by

revising paragraph (d) to read as

follows:

§ 705.7 Conduct of an investigation.

* * * * *

(d) The Department shall, as part of an

investigation, seek information and

advice from, and consult with,

appropriate officers of the United States

or their designees, as shall be

determined. The Department shall also

consult with the Secretary of Defense

regarding the methodological and policy

questions raised in the investigation.

Upon the request of the Secretary, the

Secretary of Defense shall provide the

Secretary with an assessment of the

defense requirements of the article in

question. Communications received

from agencies of the U.S. government or

foreign governments will not be made

available for public inspection.

* * * * *

§§ 705.7 and 705.8 [Amended]

5. In §§ 705.7(b) and 705.8(b)(6), the

references to room number ‘‘H–4886’’

are revised to read ‘‘H–4525’’.

6. Section 705.10 is revised to read as

follows:

§ 705.10 Report of an investigation and

recommendation.

(a) When an investigation conducted

pursuant to this part is completed, a

report of the investigation shall be

promptly prepared.

(b) The Secretary shall report to the

President the findings of the

investigation and a recommendation for

action or inaction within 270 days after

beginning an investigation under this

part.

(c) An Executive Summary of the

Secretary’s report to the President of an

investigation, excluding any classified

or proprietary information, shall be

published in the Federal Register.

Copies of the full report, excluding any

classified or proprietary information,

will be available for public inspection

and copying in the Bureau of Export

Administration Freedom of Information

Records Inspection Facility, Room H–

4525, U.S. Department of Commerce,

14th Street, N.W., Washington, D.C.

20230; tel. (202) 482–5653.

7. A new section 705.11 is added to

read as follows:

§ 705.11 Determination by the President

and adjustment of imports.

(a) Upon the submission of a report to

the President by the Secretary under

§ 705.10(b) of this part, in which the

Department has found that an article is

being imported into the United States in

such quantities or under such

circumstances as to threaten to impair

the national security, the President is

required by Section 232(c) of the Trade

Expansion Act of 1962, as amended (19

U.S.C. 1862(c)) to take the following

action

(1) Within 90 days after receiving the

report from the Secretary, the President

shall determine:

(i) Whether the President concurs

with the Department’s finding; and

(ii) If the President concurs, the

nature and duration of the action that

must be taken to adjust the imports of

the article and its derivatives so that the

such imports will not threaten to impair

the national security.

(2) If the President determines to take

action under this section, such action

must be taken no later than fifteen (15)

days after making the determination.

(3) By no later than thirty (30) days

after making the determinations under

paragraph (a)(1) of this section, the

President shall submit to the Congress a

written statement of the reasons why the

President has decided to take action, or

refused to take action.

(b) If the action taken by the President

under this section is the negotiation of

an agreement to limit or restrict the

importation into the United States of the

article in question, and either no such

agreement is entered into within 180

days after making the determination to

take action, or an executed agreement is

not being carried out or is ineffective in

eliminating the threat to the national

security, the President shall either:

(1) Take such other action as deemed

necessary to adjust the imports of the

article so that such imports will not

threaten to impair the national security.

Notice of any such additional action

taken shall be published in the Federal

Register; or

(2) Not take any additional action.

This determination and the reasons on

which it is based, shall be published in

the Federal Register.

8. A new section 705.12 is added to

read as follows:

§ 705.12 Disposition of an investigation

and report to the Congress.

(a) Upon the disposition of each

request, application, or motion made

under this part, a report of such

disposition shall be submitted by the

Secretary to the Congress and published

in the Federal Register.

(b) As required by Section 232(e) of

the Trade Expansion Act of 1962, as

amended (19 U.S.C. 1862(c)), the

President shall submit to the Congress

an annual report on the operation of this

part.

Dated: June 5, 1998.

Iain S. Baird,

Deputy Assistant Secretary for Export

Administration.

[FR Doc. 98–15411 Filed 6–9–98; 8:45 am]

BILLING CODE 3510–JT–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 510

Animal Drugs, Feeds, and Related

Products; Change of Sponsor Name

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

animal drug regulations to reflect a

change of sponsor name from

Boehringer Ingelheim Animal Health,

Inc., to Boehringer Ingelheim

Vetmedica, Inc.

EFFECTIVE DATE: June 10, 1998.

FOR FURTHER INFORMATION CONTACT:

Thomas J. McKay, Center for Veterinary

Medicine (HFV–102), Food and Drug