Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 51251 

Issued in Kansas City, MO on August 15, 

2005. 

Elizabeth S. Wallis, 

Acting Area Director, Western Flight Services 

Operations. 

[FR Doc. 05–17210 Filed 8–29–05; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 738, 742 and 744 

[Docket No. 050822227–5227–01] 

RIN A694–AD44 

Removal of License Requirements for 

Exports and Reexports to India of 

Items Controlled Unilaterally for 

Nuclear Nonproliferation Reasons and 

Removal of Certain Indian Entities 

From the Entity List 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: On July 18, 2005, President 

George W. Bush and Indian Prime 

Minister Manmohan Singh announced 

the completion of the Next Steps in 

Strategic Partnership (NSSP) with India. 

The proposed cooperation outlined in 

the NSSP has progressed through a 

series of reciprocal steps that built on 

one another, including steps related to 

creating the appropriate environment 

for successful high-technology 

commerce. This rule implements two 

steps the United States has agreed to 

take as part of the final phase of NSSP, 

namely, the removal of license 

requirements for exports and reexports 

of items controlled unilaterally by the 

United States for nuclear 

nonproliferation reasons to India and 

the removal of six Indian entities from 

the Entity List. 

DATES: This rule is effective August 30, 

2005. 

FOR FURTHER INFORMATION CONTACT: 

Eileen M. Albanese, Office of Exporter 

Services, Bureau of Industry and 

Security, Telephone: (202) 482–0436. 

SUPPLEMENTARY INFORMATION: 

Background 

In November 2001, the Indian Prime 

Minister and the President of the United 

States committed India and the United 

States to a strategic partnership. Since 

then, the two countries have 

significantly strengthened bilateral 

cooperation and commerce in space, 

civil nuclear energy, and dual-use 

technology. On January 12, 2004, the 

two leaders announced the NSSP with 

the aim of implementing a shared vision 

to expand cooperation, deepening the 

ties of commerce and friendship 

between the two nations, and increasing 

stability in Asia and beyond. 

The proposed cooperation has 

progressed through a series of reciprocal 

steps that built on one another. It 

included expanded engagement on 

nuclear regulatory and safety issues and 

missile defense, ways to enhance 

cooperation regarding peaceful uses of 

space technology, and steps to create the 

appropriate environment for successful 

high-technology commerce. In bringing 

the NSSP to completion, the United 

States and India resolve to transform 

their relationship by establishing a 

global partnership, with the mutual 

commitment to promoting stability, 

democracy, prosperity, and peace 

throughout the world. This rule 

implements revisions to the Export 

Administration Regulations (EAR) as 

part of the completion of the NSSP. 

Effects of This Rule 

This rule removes export and reexport 

license requirements for items 

controlled unilaterally by the United 

States for nuclear nonproliferation 

reasons (i.e., items that are not subject 

to the Nuclear Suppliers Group regime). 

The rule accomplishes this change by 

revising § 742.3(a)(2) to except India 

from this license requirement and by 

removing the ‘‘X’’ from the box at the 

intersection of the row for India and the 

column labeled NP 2 of the Commerce 

Country Chart (Supplement No. 1 to 

Part 738 of the EAR). Removal of export 

license requirements for these items is 

expected to reduce the number of 

license applications for exports and 

reexports to India. 

This rule also removes six Indian 

entities from the Entity List 

(Supplement No. 4 to Part 744 of the 

EAR). Three of these entities are 

Department of Atomic Energy entities, 

‘‘Tarapur (TAPS 1 & 2),’’ ‘‘Rajasthan 

(RAPS 1& 2),’’ and ‘‘Kudankulam (1 & 

2).’’ TAPS 1 & 2 and RAPS 1 & 2 are 

under International Atomic Energy 

Agency (IAEA) safeguards. Kudankulam 

1 & 2 is under construction. The 

Government of India and the IAEA have 

agreed that this facility will be subject 

to IAEA safeguards upon completion. 

The other three entities are Indian Space 

Research Organization (ISRO) 

subordinate entities, specifically, ‘‘ISRO 

Telemetry, Tracking and Command 

Network (ISTRAC),’’ ‘‘ISRO Inertial 

Systems Unit (IISU), 

Thiruvananthapuram,’’ and ‘‘Space 

Applications Center (SAC), 

Ahmadabad.’’

Neither the removal of the unilateral 

nuclear nonproliferation license 

requirement nor the removal of the 

entities from the Entity List by this rule 

removes any other license requirements 

imposed by the EAR. Among others, the 

end use license requirements of part 

744, including the license requirements 

for the nuclear end uses specified in 

§§ 744.2, 744.5 and 744.6, and missile 

end use license requirements specified 

in §§ 744.3 and 744.6, continue to 

apply. This rule also does not affect 

license requirements related to entities 

that remain on the Entity List. For 

certain of those entities, a license is 

required for all items subject to the EAR; 

for others, a license is required for items 

with a classification other than (1) 

EAR99 or (2) where the third through 

fifth digits of the ECCN are ‘‘999.’’ BIS 

strongly urges parties to consult 

Supplement No. 3 to part 732 of the 

EAR, ‘‘BIS’s ‘‘Know Your Customer’’

Guidance and Red Flags,’’ when 

exporting or reexporting items to India. 

Although the Export Administration 

Act of 1979 (EAA), as amended, expired 

on August 20, 2001, Executive Order 

13222 of August 17, 2001 (3 CFR, 2001 

Comp., p. 783 (2002)) as extended by 

the Notice of August 2, 2005, 70 FR 

45273 (August 5, 2005), continues the 

EAR in effect under the International 

Emergency Economic Powers Act 

(IEEPA). 

Rulemaking Requirements 

1. This rule has been determined to be 

not significant for purposes of Executive 

Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to nor 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 regulation 

involves collections previously 

approved by the OMB under control 

numbers 0694–0088, ‘‘Multi-Purpose 

Application,’’ which carries a burden 

hour estimate of 58 minutes to prepare 

and submit form BIS–748. 

Miscellaneous and recordkeeping 

activities account for 12 minutes per 

submission. Total burden hours 

associated with the Paperwork 

Reduction Act and Office and 

Management and Budget control 

number 0694–0088 are expected to 

decrease because of this regulation. BIS 

anticipates that this rule will reduce the 

number of license applications for 

51252 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

exports and reexports to India by about 

150 to 200 annually. 

Send comments regarding these 

burden estimates or any other aspect of 

this collection of information, including 

suggestions for reducing the burden, to 

David Rostker, OMB Desk Officer, by email at david_rostker@omb.eop.gov or 

by fax to (202) 395–7285; and to the 

Regulatory Policy Division, Bureau of 

Industry and Security, Department of 

Commerce, P.O. Box 273, Washington, 

DC 20044. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined in Executive Order 

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 or foreign 

affairs function of the United States (see 

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 rule. 

Because a notice of 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 

15 CFR Part 738 

Exports, Foreign Trade. 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

■ Accordingly, parts 738, 742 and 744 

of the Export Administration 

Regulations (15 CFR Parts 730–799) are 

amended as follows: 

PART 738—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 738 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); 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 2, 2005, 70 

FR 45273 (August 5, 2005). 

Supplement No. 1 to Part 738 

[Amended] 

■ 2. Supplement No. 1 to part 738—

(Commerce Country Chart) is amended 

by removing the ‘‘X’’ from the column 

heading NP 2 in the row for India. 

PART 742—[AMENDED] 

■ 3. The authority citation for part 742 

is revised 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. 

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 November 4, 2004, 69 FR 

64637 (November 8, 2004); Notice of August 

2, 2005, 70 FR 45273 (August 5, 2005). 

■ 4. Section 742.3 is amended by 

revising paragraph (a)(2) to read as 

follows: 

§ 742.3 Nuclear Nonproliferation. 

(a) * * * 

(2) If NP Column 2 of the Country 

Chart (Supplement No. 1 to part 738 of 

the EAR) is indicated in the applicable 

ECCN, a license is required to Country 

Group D:2 (see Supplement No. 1 to part 

740 of the EAR) except India. 

* * * * * 

PART 744—[AMENDED] 

■ 5. The authority citation for 15 CFR 

part 744 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. 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 

November 4, 2004, 69 FR 64637 (November 

8, 2004); Notice of August 2, 2005, 70 FR 

45273 (August 5, 2005). 

Supplement No. 4 to Part 744 

[Amended] 

■ 6. Supplement No. 4 to part 744, 

under the country of India is amended 

by: 

■ a. Removing the following 

subordinate entities from the entry for 

the Indian Space Research Organization 

(ISRO): ISRO Telemetry, Tracking and 

Command Network (ISTRAC), ISRO 

Inertial Systems Unit (IISU), 

Thiruvananthapuram, and Space 

Applications Center (SAC), Ahmadabad; 

■ b. Adding to the entry for ‘‘Nuclear 

reactors (including power plants) not 

under International Atomic Energy 

Agency (IAEA) safeguards, fuel 

processing and enrichment facilities, 

heavy water production facilities and 

their collocated ammonia plants,’’

immediately following the word 

‘‘safeguards,’’ the phrase ‘‘(excluding 

Kundankulam 1 and 2)’; and 

■ c. Removing, in its entirety, the 

second entry for the Department of 

Atomic Energy which reads: ‘‘The 

following Department of Atomic Energy 

entities: Nuclear reactors (including 

power plants) subject to International 

Atomic Energy Agency (IAEA) 

safeguards: Tarapur (TAPS 1 & 2), and 

‘‘Rajasthan (RAPS 1 & 2).’’

* * * * * 

Dated: August 24, 2005. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 05–17241 Filed 8–29–05; 8:45 am] 

BILLING CODE 3510–33–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 404 

[Regulation No. 4] 

RIN 0960–AF32 

Revised Medical Criteria for Evaluating 

Impairments That Affect Multiple Body 

Systems 

AGENCY: Social Security Administration. 

ACTION: Final rules. 

SUMMARY: We are revising the criteria in 

the Listing of Impairments (the listings) 

that we use to evaluate claims involving 

impairments that affect multiple body 

systems. We apply these criteria when 

you claim benefits based on disability 

under title II and title XVI of the Social 

Security Act (the Act). The revisions 

reflect current medical knowledge, 

methods of evaluating impairments that 

affect multiple body systems, treatment, 

and our adjudicative experience. 

DATES: These regulations are effective 

October 31, 2005. 

ADDRESSES: Electronic Version: The 

electronic file of this document is 

available on the date of publication in 

the Federal Register at 

http://www.gpoaccess.gov/fr/ 

index.html. It is also available on the