11474 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Rules and Regulations 

proposed rulemaking and an 

opportunity for public comment are not 

required to be given for this rule by 5 

U.S.C. 553, or by any other law, the 

analytical requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., are not applicable. 

List of Subjects in 15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

■ Accordingly, part 744 of the Export 

Administration Regulations (15 CFR 

parts 730–774) is amended as follows: 

PART 744—[AMENDED] 

■ 1. 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; 22 U.S.C. 7201 et seq.; 22 

U.S.C. 7210; 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 July 23, 2008, 73 FR 43603 

(July 25, 2008); Notice of November 10, 2008, 

73 FR 67097 (November 12, 2008) 

■ 2. Supplement No. 4 to part 744 is 

amended: 

■ (a) By removing under United Arab 

Emirates, these four U.A.E. entities 

‘‘Akbar Ashraf Vaghefi, Shop No. 3–4 

Sharafia Ahmed Ali Building, Al 

Nakheel, Deira, Dubai, U.A.E. (See 

alternate address under Germany)’’; 

‘‘Antony Emmanuel, No. 3 & 4; Sharifia 

Ahmed Ali Bldg, P.O. Box 42340, Al 

Nakheel , Deira, Dubai, U.A.E. (See 

alternate address under Hong Kong)’’; 

‘‘Bazaar Trading Co., No. 212 Baniyas 

Tower, Dubai, U.A.E. 6708’’; and 

‘‘Elmstone Trading L.L.C., P.O. Box 

24896, Sharjah, U.A.E.’’; 

■ (b) By revising under Germany, in 

alphabetical order, one German entity; 

and 

■ (c) By revising under Hong Kong, in 

alphabetical order, one Hong Kong 

entity to read as follows: 

SUPPLEMENT NO. 4 TO PART 7–4—ENTITY LIST

Country Entity License requirement License review 

policy Federal Register Citation 

* * * * * * * 

GERMANY .................. Akbar Ashraf Vaghefi, Koburgerstr 10, D– 

10825, Berlin, Germany.

For all items subject to 

the EAR. (See § 744.11 

of the EAR).

Presumption of 

denial.

73 FR 54504, 9/22/08, 74 

FR [INSERT FR PAGE 

NUMBER] 03/18/09. 

* * * * * * * 

HONG KONG .............. Antony Emmanuel, No: 3 & 4; 12F Commercial VIP Building, 112–116 Canton 

Rd., Tsim Sha Tsui, Hong Kong.

For all items subject to 

the EAR. (See § 744.11 

of the EAR).

Presumption of 

denial.

73 FR 54505, 9/22/08, 74 

FR [INSERT FR PAGE 

NUMBER] 03/18/09. 

* * * * * * * 

Dated: March 13, 2009. 

Matthew S. Borman, 

Acting Assistant Secretary for Export 

Administration. 

[FR Doc. E9–5860 Filed 3–17–09; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

19 CFR Part 360 

[Docket No.: 0809261282–9117–02] 

RIN 0625–AA82 

Steel Import Monitoring and Analysis 

System 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

ACTION: Final rule. 

SUMMARY: The Department of Commerce 

(the Department) publishes this action 

to make final a rule to extend the Steel 

Import Monitoring and Analysis (SIMA) 

system until March 21, 2013. The 

purpose of the SIMA system is to 

provide statistical data on steel imports 

entering the United States seven weeks 

earlier than it would otherwise be 

available to the public. Aggregate data 

collected from the licenses are made 

available to the public on a weekly basis 

following review by the Department. 

DATES: This final rule is effective March 

18, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

information about the SIMA system, 

please contact Kelly Parkhill (202) 482– 

3791 or Julie Al-Saadawi (202) 482– 

1930. 

SUPPLEMENTARY INFORMATION: 

Background 

The SIMA system has been operating 

under its current authority since March 

21, 2005. Prior to this date, authority for 

steel import licensing and monitoring 

was derived from the Proclamation 7529 

of March 5, 2002, which placed 

temporary tariffs on many steel imports 

and provided the steel industry time to 

restructure. The monitoring system 

outlined in Proclamation 7529 required 

all importers of steel products to obtain 

a license from the Department prior to 

completing their Customs entry 

summary documentation. This provided 

a monitoring tool to ensure that the 

effectiveness of the safeguard was not 

undermined by large quantities of 

imports originating from countries that 

were excluded from the tariffs. 

In Proclamation 7741 of December 4, 

2003 (68 FR 68483), the President 

terminated the steel safeguard measures, 

but directed the Secretary of Commerce 

to continue the monitoring system until 

the earlier of March 21, 2005, or such 

time as the Secretary of Commerce 

established a replacement program. On 

December 9, 2003, the Department 

published a notice stating that the 

system would continue in effect as 

described in Proclamation 7741 until 

March 21, 2005 (68 FR 68594). On 

August 25, 2004, the Department 

published an advanced notice of 

proposed rulemaking soliciting 

comments from the public on whether 

to continue the monitoring system 

beyond March 21, 2005 (69 FR 52211). 

On March 11, 2005, the Department 

published an interim final rule 

responding to the comments received 

from the public and implementing a 

slightly expanded version of SIMA until 

March 21, 2009. That interim final was 


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Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Rules and Regulations 11475 

followed by the publication of the final 

rule on December 5, 2005 (70 FR 72373). 

On December 12, 2008, a proposed 

rule was published in the Federal 

Register (73 FR 75624) seeking an 

extension of the SIMA system through 

March 21, 2013 and asking for 

comments from the public. The 

Department received twelve comments 

all supportive of the extension. 

The Department issues this final rule 

to extend the application of the SIMA 

system until March 21, 2013. No other 

changes are made to the regulations for 

the SIMA system. The purpose of the 

SIMA system is to provide steel 

producers, steel consumers, importers, 

and the general public with accurate 

and timely information on anticipated 

imports of certain steel products. Import 

licenses, obtained through the internetbased SIMA licensing system, are 

required on U.S. imports of basic steel 

mill products. Aggregate import data 

obtained from the licenses is updated 

weekly and posted on the SIMA Web 

site monitor. Details of the current 

system can be found on http:// 

ia.ita.doc.gov/steel/license. 

Response to Comments 

Submissions received during the 

public comment period established in 

the proposed rule have been considered 

in preparing this final rule. Twelve 

submissions were received from 

individual steel producers, various 

industry and distributor trade groups, 

and the United Steelworkers. All of the 

comments received were supportive of 

the four-year extension and agreed that 

the system is a critical tool that helps 

the industry to closely monitor steel 

imports. The comments are summarized 

below. The twelve comments received 

are posted on the Federal rulemaking 

portal at www.Regulations.gov and they 

are also posted on the SIMA Web site at 

http://ia.ita.doc.gov/steel/license. 

Comment 1: Commenters strongly 

support the extension of the SIMA 

system for an additional four years. 

They stated that given the volatility of 

world steel markets, the SIMA system 

gives the public access to the timeliest 

information possible regarding import 

patterns and changes. They also see it as 

an important and transparent tool to 

support rational decision-making by all 

interested parties—steel producers, steel 

users, importers and U.S. government 

officials. 

Response: The Department agrees that 

the SIMA system provides the public 

valuable timely information on steel 

imports. It also agrees that the posting 

of aggregate import volume and pricing 

data drawn from the licenses on a 

public website provides all interested 

stakeholders with a better 

understanding of changing market 

conditions in a transparent fashion. 

Comment 2: Commenters stated that 

there is no significant burden on the 

steel importing community to comply 

with the licensing requirements of the 

SIMA system and that this has been 

confirmed over the last four years in its 

current format, which remains 

unchanged by the proposed rule. 

Response: The Department agrees 

with the comments that there is no 

significant burden on steel importers 

arising out of SIMA system licensing 

requirements. The web-based licensing 

system is automatic and free of charge. 

The Department estimates that it 

continues to take no longer than ten 

minutes to completely fill out the 

automated license form and for most 

applicants the time expended is much 

less. 

Comment 3: Commenters suggest that 

the Department make the SIMA system 

permanent rather than extend it for 

another four years. They state that the 

system has proven its effectiveness as an 

important analytical tool for both steel 

producers and consumers. 

Response: Broad authority to collect 

information on imports is granted to the 

Secretary of Commerce and delegated to 

the Director of the Bureau of the Census. 

When the original safeguard authority 

for the SIMA system granted by the 

President expired in March 2005, the 

system was continued pursuant to this 

Department of Commerce information 

collection authority (13 U.S.C. 301(a) 

and 302). For purposes of administering 

the SIMA system, this authority was 

temporarily transferred from the 

Director of the Census Bureau to the 

Under Secretary for International Trade 

for four years. One of the conditions of 

the temporary transfer of authority to 

the Under Secretary for International 

Trade was that any future periodic 

extensions of the SIMA system be 

notified to the Secretary and subject to 

review. Therefore, establishment of a 

permanent system is not possible under 

current authority. 

Comment 4: Commenters suggested 

that the Department add metal forming 

products to the downstream monitor to 

the extent they can be defined by 

HTSUS codes. 

Response: The Department intends to 

add these products to the downstream 

monitor using publicly available data. 

For the reasons discussed above, the 

proposed rule (19 CFR part 360) is made 

final without changes. 

Classification 

Executive Order 12866 

This rule has been determined to be 

significant for purposes of Executive 

Order 12866. 

Executive Order 13132 

This rule does not contain policies 

with federalism implications as that 

term is defined in Executive Order 

13132. 

Administrative Procedure Act 

The Department finds good cause 

under 5 U.S.C. 553(b)(B) to waive the 

30-day delay in effectiveness. The 

Department issues this final rule to 

extend the requirement for import 

licenses through the Internet-based 

SIMA licensing system on U.S. imports 

of basic steel mill products of the SIMA 

system until March 21, 2013. The 

purpose of the SIMA system is to 

provide steel producers, steel 

consumers, importers, and the general 

public with accurate and timely 

information on anticipated imports of 

certain steel products. This final rule 

would extend the requirement for such 

licenses from March 21, 2009 until 

March 21, 2013. It is necessary to waive 

the 30-day delay in effectiveness to 

ensure that the regulations requiring 

importers to obtain an import license 

from the SIMA system do not terminate, 

thereby ensuring the collection of timely 

and complete data on imports of 

covered items, and possibly preventing 

confusion or delay of imports at entry 

summary. If the Department were to 

allow for the 30-day delay in 

effectiveness, there would be a lapse in 

the requirement for an import license. 

As a result, importers may be confused 

about the need for a license and delay 

their filing of summary documents 

while trying to obtain one which could 

lead to possible fines and penalties. In 

addition, without current information 

from the licenses, the monitor would 

fall out of date and the public would be 

without the quality information they 

have come to depend upon. Therefore, 

to ensure the collection of timely and 

complete data, and to prevent any 

confusion and delay associated with a 

lapse in the license requirements for 

SIMA, the Department finds good cause 

to waive the 30-day delay in 

effectiveness, and to make these 

regulations effective upon publication. 

Regulatory Flexibility Act 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that the 

proposed rule, if adopted, would not 


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11476 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Rules and Regulations 

have a significant economic impact on 

a substantial number of small entities as 

that term is defined in the Regulatory 

Flexibility Act, 5 U.S.C. 601 et seq. The 

factual basis is found in the proposed 

rule and is not repeated here. No 

comments were received on the 

certification or the economic impacts of 

this action. As a result, no final 

regulatory flexibility analysis was 

prepared. 

Paperwork Reduction Act 

This final rule contains collection-ofinformation requirements subject to 

review and approval by the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act (PRA). 

These requirements have been approved 

by OMB (OMB No. 0625–0245; 

Expiration Date: 09/30/2011). Public 

reporting for this collection of 

information is estimated to be less than 

ten minutes per response, including the 

time for reviewing instructions and 

completing and reviewing the collection 

of information. All responses to this 

collection of information are voluntary, 

and will be provided confidentially to 

the extent allowed by law. 

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 

Paperwork Reduction Act unless that 

collection displays a currently valid 

OMB Control Number. 

List of Subjects in 19 CFR Part 360 

Administrative practice and 

procedure, Business and industry, 

Imports, Reporting and recordkeeping 

requirements, Steel. 

Dated: March 13, 2009. 

Michelle O’Neill, 

Acting Under Secretary for International 

Trade. 

■ For reasons discussed in the 

preamble, 19 CFR part 360 is amended 

to read as follows: 

PART 360—STEEL IMPORT 

MONITORING AND ANALYSIS SYSTEM 

■ 1. The authority citation for part 360 

continues to read as follows: 

Authority: 13 U.S.C. 301(a) and 302. 

■ 2. Section 360.105 is revised to read 

as follows: 

§ 360.105 Duration of the steel import 

licensing requirement. 

The licensing program will be in 

effect through March 21, 2013, but may 

be extended upon review and 

notification in the Federal Register 

prior to this expiration date. Licenses 

will be required on all subject imports 

entered during this period, even if the 

entry summary documents are not filed 

until after the expiration of this 

program. The licenses will be valid for 

10 business days after the expiration of 

this program to allow for the final filing 

of required Customs documentation. 

[FR Doc. E9–6013 Filed 3–16–09; 4:15 pm] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 172 

[Docket No. FDA–2005–F–0505] (formerly 

Docket No. 2005F–0138) 

Food Additives Permitted for Direct 

Addition to Food for Human 

Consumption; Silver Nitrate and 

Hydrogen Peroxide 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

food additive regulations to provide for 

the safe use of an aqueous solution of 

silver nitrate and hydrogen peroxide as 

an antimicrobial agent in bottled water. 

This action is in response to a petition 

filed by Kareem I. Batarseh. 

DATES: This final rule is effective March 

18, 2009. Submit written or electronic 

objections and requests for a hearing by 

April 17, 2009. See section VIII of this 

document for information on the filing 

of objections. The Director of the 

Federal Register approves the 

incorporation by reference in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51 of certain publications in 21 

CFR 172.167 as of March 18, 2009. 

ADDRESSES: You may submit written or 

electronic objections and requests for a 

hearing identified by Docket No. FDA– 

2005–F–0505 (formerly Docket No. 

2005F–0138) by any of the following 

methods: 

Electronic Submissions 

Submit electronic objections in the 

following way: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Written Submissions 

Submit written objections in the 

following ways: 

• FAX: 301–827–6870. 

• Mail/Hand delivery/Courier [For 

paper, disk, or CD–ROM submissions]: 

Division of Dockets Management (HFA– 

305), Food and Drug Administration, 

5630 Fishers Lane, rm. 1061, Rockville, 

MD 20852. 

To ensure more timely processing of 

objections, FDA is no longer accepting 

objections submitted to the agency by email. FDA encourages you to continue 

to submit electronic objections by using 

the Federal eRulemaking Portal, as 

described in the Electronic Submissions 

portion of this paragraph. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

objections received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on submitting 

objections, see the ‘‘Objections’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

read background documents or 

objections received, go to http:// 

www.regulations.gov and insert the 

docket number(s), found in brackets in 

the heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Division of Dockets 

Management, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Mical E. Honigfort, Center for Food 

Safety and Applied Nutrition (HFS– 

265), Food and Drug Administration, 

5100 Paint Branch Pkwy., College Park, 

MD 20740–3835, 301–436–1278. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In a notice published in the Federal 

Register of April 18, 2005 (70 FR 

20145), FDA announced that a food 

additive petition (FAP 5A4759) had 

been filed by Kareem I. Batarseh, P.O. 

Box 8, College Park, MD 20741–0008. 

The petition proposed to amend the 

food additive regulations in part 172, 

Food Additives Permitted for Direct 

Addition to Food for Human 

Consumption (21 CFR part 172), to 

provide for the safe use of an aqueous 

solution of silver nitrate and hydrogen 

peroxide as an antimicrobial agent in 

bottled drinking water at a level not to 

exceed 17 micrograms per kilogram (μg/ 

kg) of silver and 23 milligrams per 

kilogram (mg/kg) of hydrogen peroxide 

in the treated bottled water. 

II. Evaluation of Safety 

Under the general safety standard in 

section 409 of the Federal Food, Drug, 

and Cosmetic Act (the act) (21 U.S.C. 

348), a food additive cannot be 

approved for a particular use unless a 

fair evaluation of the data available to 


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