54626 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 

Kansas City, MO, Charles B. Wheeler 

Downtown, Takeoff Minimums and 

Textual DP, Amdt 2 

Kansas City, MO, Kansas City Intl, Takeoff 

Minimums and Textual DP, Orig 

St. Charles, MO, St. Charles County Smartt, 

RNAV (GPS) RWY 18, Orig 

St. Charles, MO, St. Charles County Smartt, 

VOR RWY 18, Amdt 1 

St. Charles, MO, St. Charles County Smartt, 

GPS RWY 18, Orig, CANCELLED 

St. Charles, MO, St. Charles County Smartt, 

Takeoff Minimums and Textual DP, Amdt 

2 

St. Joseph, MO, Rosecrans Memorial, Takeoff 

Minimums and Textual DP, Amdt 6 

St. Louis, MO, Lambert-St. Louis Intl, LDA 

PRM RWY 30L, Orig (Simultaneous Close 

Parallel) 

St. Louis, MO, Lambert-St. Louis Intl, LDA/ 

DME RWY 30L, Orig 

St. Louis, MO, Lambert-St. Louis Intl, ILS 

PRM RWY 30R, Orig (Simultaneous Close 

Parallel) 

St. Louis, MO, Lambert-St. Louis Intl, ILS OR 

LOC RWY 30R, ILS RWY 30R (CAT II), ILS 

RWY 30R (CAT III), Amdt 8 

St. Louis, MO, Lambert-St. Louis Intl, LDA/ 

DME RWY 30L, Amdt 2C, CANCELLED 

St. Louis, MO, Lambert-St. Louis Intl, Takeoff 

Minimums and Textual DP, Orig 

St. Louis, MO, Spirit of St. Louis, Takeoff 

Minimums and Textual DP, Orig 

Ruidoso, NM, Sierra Blanca Regional, ILS OR 

LOC/DME RWY 24, Orig 

Ruidoso, NM, Sierra Blanca Regional, LOC/ 

DME RWY 24, Orig-B, CANCELLED 

Batavia, NY, Genesee County, ILS OR LOC 

RWY 28, Amdt 5 

Buffalo, NY, Buffalo Niagara Intl, NDB RWY 

23, Orig 

Goldsboro, NC, Goldsboro-Wayne Muni, NDB 

RWY 23, Amdt 1, CANCELLED 

Statesville, NC, Statesville Regional, GPS 

RWY 10, Amdt 1, CANCELLED 

Statesville, NC, Statesville Regional, RNAV 

(GPS) RWY 10, Orig 

Statesville, NC, Statesville Regional, VOR/ 

DME RWY 10, Amdt 8 

Statesville, NC, Statesville Regional, Takeoff 

Minimums and Textual Departures, Orig 

Ardmore, OK, Ardmore Downtown 

Executive, NDB RWY 35, Amdt 5, 

CANCELLED 

Eugene, OR, Mahlon Sweet Field, LOC/DME 

RWY 16L, Orig 

Philadelphia, PA, Philadelphia Intl, RNAV 

(GPS) RWY 9L, Amdt 1 

Philadelphia, PA, Philadelphia Intl, RNAV 

(GPS) RWY 9R, Amdt 2 

Philadelphia, PA, Philadelphia Intl, RNAV 

(GPS) Y RWY 9L, Orig, CANCELLED 

Philadelphia, PA, Philadelphia Intl, RNAV 

(GPS) Y RWY 9R, Amdt 1, CANCELLED 

Philadelphia, PA, Philadelphia Intl, RNAV 

(GPS) RWY 17, Amdt 1 

Philadelphia, PA, Philadelphia Intl, RNAV 

(GPS) Y RWY 17, Orig, CANCELLED 

Philadelphia, PA, Philadelphia Intl, RNAV 

(GPS) RWY 27L, Amdt 1 

Philadelphia, PA, Philadelphia Intl, RNAV 

(GPS) RWY 27R, Amdt 1 

Orangeburg, SC, Orangeburg Muni, RNAV 

(GPS) RWY 5, Orig 

Orangeburg, SC, Orangeburg Muni, RNAV 

(GPS) RWY 17, Orig 

Orangeburg, SC, Orangeburg Muni, RNAV 

(GPS) RWY 23, Orig 

Orangeburg, SC, Orangeburg Muni, RNAV 

(GPS) RWY 35, Orig 

Orangeburg, SC, Orangeburg Muni, NDB 

RWY 5, Amdt 1 

Orangeburg, SC, Orangeburg Muni, VOR 

RWY 5, Amdt 4C, CANCELLED 

Houston, TX, William P. Hobby, ILS OR LOC 

RWY 4, ILS RWY 4 (CAT II), ILS RWY 4 

(CAT III), Amdt 40 

The FAA published an Amendment in 

Docket No. 30452; Amdt No. 3128 to Part 97 

of the Federal Aviation Regulations (Vol. 70, 

FR No. 155, page 47092, dated August 12, 

2005) Under section 97.27 effective for 1 Sep 

2005 which is hereby rescinding the 

Cancellation in its entirety: 

Boise, ID, Boise Air Terminal (Gowen Field), 

NDB RWY 10R, Amdt 27A, CANCELLED 

[FR Doc. 05–18376 Filed 9–15–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 736, 738, 742, 744, and 

748 

[Docket No. 050803216–5216–01] 

RIN 0694–AD30 

Revisions and Clarifications to the 

Export Administration Regulations 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule amends the Export 

Administration Regulations (EAR) by 

deleting a redundant paragraph and 

redesignating the remaining paragraphs 

in one section for clarity; inserting 

material inadvertently omitted from 

previous rules in three places in the 

EAR; clarifying instructions for applying 

for authorization to transfer items 

subject to the EAR in-country; adding an 

alias for a previously listed entity on the 

Entity List; and removing references to 

two Export Control Classification 

Numbers (ECCNs) that do not exist. The 

purpose of these amendments is to make 

corrections and clarifications to the EAR 

so the public will find them easier to 

use. 

DATES: This rule is effective September 

16, 2005. 

ADDRESSES: Although this is a final rule, 

comments are welcome and 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–AD30 in all 

comments, and in the subject line of email comments. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Mooney, Office of Exporter 

Services, Bureau of Industry and 

Security, Telephone: (202) 482–2440, Email: tmooney@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

This rule makes the following 

corrections and clarifications: 

1. A redundant paragraph is deleted 

in Supplement No. 2 to part 736 of the 

EAR, which sets forth the 

Administrative Orders of the Bureau of 

Industry and Security (BIS). Prior to the 

publication of this rule, Administrative 

Order Two contained a paragraph 

designated as (a), the introductory text 

of which merely repeated the title of the 

order. The order contained no paragraph 

designated as (b). This rule removes the 

introductory text of paragraph (a) and 

redesignates all subsequent paragraphs 

accordingly. 

2. In paragraph 738.2(d)(2)(i)(A), an 

omission is corrected by adding ‘‘UN 

United Nations Embargo’’ in 

alphabetical order to the list of all 

possible Reasons for Control. That 

phrase was previously inadvertently 

omitted. 

3. In paragraph 738.4(b)(3) (Sample 

analysis), a typographical error is fixed 

in the third sentence by inserting the 

preposition ‘‘of’’ into the phrase 

discussing nuclear nonproliferation 

controls. The phrase ‘‘I understand that 

though nuclear nonproliferation 

controls apply to a portion the entry 

***’’ now reads ‘‘I understand that 

though nuclear nonproliferation 

controls apply to a portion of the entry 

***’’. 

4. In Section 742.19, references to 

ECCNs 2B994 and 2C994, which do not 

exist, are removed, and references to 

ECCNs 2D994 and 2E994 are added. In 

June 2000, the EAR were amended to 

reduce export and reexport controls to 

North Korea (65 FR 38148, June 19, 

2000). Prior to publication of that rule, 

almost all exports and reexports to 

North Korea of items subject to the EAR 

required a license. Although that rule 

reduced license requirements to North 

Korea overall, it retained license 

requirements for most items controlled 

on the Commerce Control List (CCL). 

These license requirements were 

enumerated in a newly created Section 

742.19 and included all items on the 

CCL except those items controlled 

under ECCNs 0A988 and 0A989. This 

was clarified as including all items 

controlled for Anti-Terrorism (AT) 

reasons, including any item on the CCL 

containing AT column 1 or AT column 

2 in the Country Chart column of the 

Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 54627 

License Requirements section of an 

ECCN, as well as numerous specifically 

identified ECCNs which were controlled 

for AT reasons but which did not make 

reference to the Country Chart. When 

listing the ECCNs of items controlled for 

AT reasons but which did not make 

reference to the Country Chart, the rule 

mistakenly listed ECCNs 2B994 and 

2C994, which did not then (and still do 

not) exist. In addition, the rule 

neglected to specifically mention ECCNs 

2D994 and 2E994, both of which were 

controlled for AT reasons but did not 

reference the Country Chart. This rule 

corrects that error by replacing the 

references in paragraph 742.19(a)(1) to 

2B994 and 2C994 with references to 

2D994 and 2E994. 

5. Supplement No. 4 to part 744 

(Entity List) is amended by revising the 

entry for the Beijing University of 

Aeronautics and Astronautics (BUAA) 

by adding an alias, Beihang University. 

This alias is being added because the 

Chinese name for BUAA is sometimes 

translated into English as Beihang 

University. The Entity List now notifies 

the public that a license is required for 

the export or reexport of all items 

subject to the EAR to the ‘‘Beijing 

University of Aeronautics and 

Astronautics (BUAA), a.k.a. Beihang 

University’’. 

6. In section 748.8 (Unique 

Application and Submission 

Requirements), this rule adds 

instructions on how to apply for 

authorization to transfer items subject to 

the EAR in-country using the BIS 

Multipurpose Application (Form 748–P) 

and its electronic equivalent in the 

Simplified Network Application Process 

(SNAP). This rule adds paragraph ‘‘(v) 

In-country transfers’’ to section 748.8 

and adds specific instructions for filling 

out applications for in-country transfers 

in Supplement No. 2 to part 748 

(Unique Application and Submission 

Requirements). These application 

instructions will insure that 

applications for in-country transfer 

authorization are filled out correctly, 

and will also clarify for the public that 

a temporary license application process 

created in 2004 is no longer necessary 

and should no longer be used due to 

improvements in BIS software. The 

history of the application process for incountry transfer authorization is 

explained in more detail below. 

In July 2004, the EAR were amended 

when licensing responsibility for 

exports and reexports to Iraq of items 

subject to the EAR reverted from the 

Department of the Treasury to the 

Department of Commerce (69 FR 46077, 

July 30, 2004). These amendments 

created a new requirement for 

authorization to make certain in-country 

transfers in Iraq. Because of an inability 

at that time to modify the BIS software 

that processes and tracks license 

application data submitted through the 

Multipurpose Application, BIS created a 

unique process to apply for 

authorization to transfer items incountry, which did not require use of 

either BIS Form 748–P or its electronic 

equivalent, but required the applicant to 

submit a letter request to BIS. That 

process was explained in guidance 

published on the BIS Web site. Since 

July 2004, additional requirements for 

in-country transfer authorization have 

been issued, specifically in sections 

744.3 and 744.4 of the EAR. 

From November 17, 2004 to June 17, 

2005, BIS received 209 applications for 

in-country transfer authorization under 

section 746.3 and part 744 of the EAR, 

and pursuant to conditions that had 

been placed on licenses issued by BIS. 

Only one of these applications was 

submitted according to the letter process 

set up in July 2004, and the rest were 

submitted using BIS Form 748–P. To 

improve the handling of these 

applications, BIS updated its software, 

which can now more effectively process 

and track in-country transfer application 

data received from the Multipurpose 

Application. With this improved 

software, BIS is now eliminating the 

letter application process created in July 

2004, and is instead requiring all incountry transfer authorization 

applications to be submitted using BIS 

Form 748–P or its electronic equivalent. 

This new process will apply to 

applications to make in-country 

transfers under the EAR, including 

under sections 744.3, 744.4, 744.6, 

744.18 and 746.3 of the EAR, and 

pursuant to conditions imposed on 

licenses issued under the EAR. 

Despite the progress that has been 

made updating BIS software, it still has 

not been modified to process and track 

data provided through fields that are not 

currently available on the BIS Form 

748–P and its electronic equivalent. 

Therefore, as an interim measure, BIS 

requires an applicant for in-country 

transfer authorization to designate its 

proposed transaction as a ‘‘reexport’’ in 

Box 5 of the BIS 748–P or its electronic 

equivalent, which will allow BIS 

software to process and track 

information regarding both an original 

ultimate consignee and a new ultimate 

consignee related to the transaction. 

This rule also instructs the applicant to 

enter ‘‘in-country transfer’’ in Box 9 of 

BIS 748–P or its electronic equivalent, 

which will allow BIS software to 

recognize that the application is for incountry transfer authorization, rather 

than reexport authorization. Further, the 

applicant is directed by this rule to state 

the same foreign country for both the 

original ultimate consignee and the new 

ultimate consignee. 

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 2, 2005, 70 FR 45273 

(August 5, 2005), has continued the 

Export Administration Regulations in 

effect under the International 

Emergency Economic Powers Act. 

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 58 minutes for a 

manual or electronic submission. Send 

comments regarding these burden 

estimates or any other aspect of these 

collections of information, including 

suggestions for reducing the burden, to 

David Rostker, Office of Management 

and Budget (OMB), 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)(3) to 

waive the provisions of the 

Administrative Procedure Act requiring 

prior notice and the opportunity for 

public comment because it is 

unnecessary. This regulation deletes a 

redundant paragraph and redesignates 

the remaining paragraphs in one section 

for clarity; inserts material inadvertently 

omitted from previous rules in three 

places in the EAR; clarifies instructions 

for applying for authorization to transfer 

items subject to the EAR in-country; 

adds an alias for a listed entity on the 

54628 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 

Entity List; and removes references to 

two ECCNs that do not exist. The 

revisions made by this rule are 

administrative in nature and do not 

affect the rights and obligations of the 

public. Because these revisions are not 

substantive changes to the EAR, it is 

unnecessary to provide notice and 

opportunity for public comment. In 

addition, the 30-day delay in 

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

is not applicable because this rule is not 

a substantive rule. No other law requires 

that a notice of proposed rulemaking 

and an opportunity for public comment 

be given for this rule. 

Because notice of proposed 

rulemaking and 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. 

List of Subjects 

15 CFR Parts 736 and 738 

Exports. 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

15 CFR part 748 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

■ Accordingly, parts 736, 738, 742, 744, 

and 748 of the Export Administration 

Regulations (15 CFR parts 730–799) are 

amended as follows: 

PART 736—[AMENDED] 

■ 1. The authority citation for 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, 3 

CFR, 2004 Comp., p. 168; Notice of 

November 4, 2004, 69 FR 64637, 3 CFR, 2004 

Comp., p. 303; Notice of August 2, 2005, 70 

FR 45273 (August 5, 2005). 

■ 2. Supplement No. 2 to part 736, is 

amended in ‘‘Administrative Order 

Two’’ by: 

■ a. Removing the introductory text of 

paragraph (a); 

■ b. By redesignating paragraph (a)(1) as 

paragraph (a) introductory text and by 

redesignating paragraph (a)(2) as 

paragraph (b); 

■ c. By redesignating paragraphs (a)(1)(i) 

and (a)(1)(ii) as paragraphs (a)(1) and 

(a)(2); 

■ d. By redesignating paragraph 

(a)(1)(iii) as paragraph (a)(3); and 

■ e. By redesignating paragraph 

(a)(1)(iv) as paragraph (a)(4). 

PART 738—[AMENDED] 

■ 3. The authority citation for part 738 

continues 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). 

§ 738.2 [Amended] 

■ 4. Section 738.2 paragraph (d)(2)(i)(A), 

is amended by adding in alphabetical 

order ‘‘UN United Nations Embargo’’ to 

the list of all possible Reasons for 

Control. 

§ 738.4 [Amended] 

■ 5. Section 738.4 paragraph (b)(3) is 

amended by revising the phrase in the 

third sentence, ‘‘ I understand that 

though nuclear nonproliferation 

controls apply to a portion the entry’’ to 

read ‘‘I understand that though nuclear 

nonproliferation controls apply to a 

portion of the entry’’. 

PART 742—[AMENDED] 

■ 6. 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, 3 CFR, 

2003 Comp., p. 320; Notice of November 4, 

2004, 69 FR 64637, 3 CFR, 2004 Comp., p. 

303; Notice of August 2, 2005, 70 FR 45273 

(August 5, 2005). 

■ 7. Section 742.19 is amended by 

revising the second sentence of 

paragraph (a)(1), to read as follows: 

§ 742.19 Anti-terrorism: North Korea. 

(a) License requirements. 

(1) * * * This includes all items 

controlled for AT reasons, including any 

item on the CCL containing AT column 

1 or AT column 2 in the Country Chart 

column of the License Requirements 

section of an ECCN; and ECCNs 0A986, 

0A999, 0B986, 0B999, 0D999, 1A999, 

1B999, 1C995, 1C999, 1D999, 2A994, 

2A999, 2B999, 2D994, 2E994, 3A999, 

and 6A999. 

* * * * * 

PART 744—[AMENDED] 

■ 8. The authority citation for 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, 3 CFR, 2004 

Comp., p. 303; Notice of August 2, 2005, 70 

FR 45273 (August 5, 2005). 

■ 9. Supplement No. 4 to part 744 is 

amended by revising under the Country, 

‘‘China, People’s Republic of’’ the entry 

for ‘‘Beijing University of Aeronautics 

and Astronautics (BUAA)’’, to read as 

follows. 

Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 54629 

1American Council of Life Insurers, Petition for 

Rulemaking Under Rule 192 of the SEC’s Rules of 

Practice Concerning Extended Implementation Date 

in Rule 202(a)(11)–1(b)(2) Under the Investment 

Advisers Act of 1940, July 27, 2005, File No. 4–507 

(available at: http://www.sec.gov/rules/petitions/4– 

507a.pdf) (The ACLI is seeking an extension of the 

compliance date for rule 202(a)(11)–1(b)(2) until 

April 24, 2006.); Securities Industry Association, 

Petition for Rulemaking; Request for Extension of 

Certain Compliance Dates for Rule 202(a)(11)–1 

(S7–25–99), July 28, 2005, File No. 4–507 (available 

at: http://www.sec.gov/rules/petitions/petn4– 

507.pdf) (The SIA is seeking an extension of 

compliance dates for rule 202(a)(11)–1(b)(2) and 

(b)(3) until April 1, 2006.); Securities Industry 

Association, Request for Extension of Certain 

Compliance Dates for Rule 202(a)(11)–1 (S7–25–99), 

August 25, 2005, File No. 4–507 (supplementing the 

SIA’s petition for rulemaking) (available at: http:// 

www.sec.gov/rules/petitions/4–507b.pdf); Financial 

Continued 

SUPPLEMENT NO. 4 TO PART 744.—ENTITY LIST

Country Entity License requirement License review policy Federal Register citation 

* * * * * * * 

China, People’s Republic of.Beijing University of Aeronautics and Astronautics (BUAA), a.k.a. Beihang University.For all items subject 

to the EAR.

See § 744.3(d) of this 

part.

66 FR 24266 5/14/01 

70 FR [Insert FR 

Page Number] 9/16/ 

05. 

* * * * * * * 

PART 748—[AMENDED] 

■ 10. The authority citation for part 748 

is revised to read as follows: 

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

U.S.C. 1701 et seq.; 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). 

■ 11. Section 748.8 is amended by 

adding new paragraph (v), to read as 

follows: 

§ 748.8 Unique application and 

submission requirements. 

* * * * * 

(v) In-country transfers. 

■ 12. Supplement No. 2 to part 748 is 

amended by adding new paragraph (v), 

to read as follows: 

Supplement No. 2 to Part 748—Unique 

Application and Submission 

Requirements 

* * * * * 

(v) In-country transfers. To request an 

in-country transfer, you must specify 

‘‘in-country transfer’’ in Block 9 (Special 

Purpose) and mark ‘‘Reexport’’ in Block 

5 (Type of Application) of the BIS–748P 

‘‘Multipurpose Application’’ form. The 

application also must specify the same 

foreign country for both the original 

ultimate consignee and the new 

ultimate consignee. 

Dated: September 9, 2005. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 05–18373 Filed 9–15–05; 8:45 am] 

BILLING CODE 3510–33–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 275 

[Release Nos. 34–52407; IA–2426; File No. 

S7–25–99] 

RIN 3235–AH78 

Certain Broker-Dealers Deemed Not To 

Be Investment Advisers, Extension of 

Compliance Date 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule; extension of 

compliance date. 

SUMMARY: The Securities and Exchange 

Commission is extending the 

compliance date for the rule that 

identifies circumstances under which a 

broker-dealer’s advice is not ‘‘solely 

incidental to’’ its brokerage business or 

to brokerage services provided to certain 

accounts and thus subjects the brokerdealer to the Investment Advisers Act of 

1940. 

DATES: The effective date for 

§ 275.202(a)(11)–1, issued on April 12, 

2005 (70 FR 20424, Apr. 19, 2005), 

remains April 15, 2005 (except for 

§ 275.202(a)(11)–1(a)(1)(ii), which was 

effective May 23, 2005). Effective on 

September 19, 2005, the compliance 

date for § 275.202(a)(11)–1(b)(2) and 

§ 275.202(a)(11)–1(b)(3) is extended 

from October 24, 2005 to January 31, 

2006. 

FOR FURTHER INFORMATION CONTACT: 

Catherine E. Marshall, Senior Counsel, 

or Nancy M. Morris, Attorney-Fellow, at 

(202–551–6787), or Iarules@sec.gov, 

Office of Investment Adviser 

Regulation, Division of Investment 

Management, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–0506. 

SUPPLEMENTARY INFORMATION: On April 

12, 2005, the Securities and Exchange 

Commission (‘‘Commission’’) issued its 

release adopting rule 202(a)(11)–1 under 

the Investment Advisers Act of 1940 

(‘‘Advisers Act’’) regarding the 

application of the Advisers Act to 

certain broker-dealers. Paragraph (b)(2) 

of the rule provides that when a brokerdealer provides advice as part of a 

financial plan or in connection with 

providing financial planning services, a 

broker-dealer provides investment 

advice that is not ‘‘solely incidental to’’

(a) the business of a broker or dealer 

within the meaning of the Advisers Act 

or (b) brokerage services within the 

meaning of the rule if it: (i) Holds itself 

out to the public as a financial planner 

or as providing financial planning 

services; or (ii) delivers to its customer 

a financial plan; or (iii) represents to the 

customer that the advice is provided as 

part of a financial plan or in connection 

with financial planning services. 

Paragraph (b)(3) provides that exercising 

investment discretion is not ‘‘solely 

incidental to’’ (a) the business of a 

broker or dealer within the meaning of 

the Advisers Act or (b) brokerage 

services within the meaning of the rule 

(except for investment discretion 

granted by a customer on a temporary or 

limited basis). 

The American Council of Life Insurers 

(‘‘ACLI’’), the Securities Industry 

Association (‘‘SIA’’) and the Financial 

Services Institute (‘‘FSI’’) each filed a 

petition for rulemaking under rule 192 

of our Rules of Practice seeking an 

extension of certain compliance dates in 

rule 202(a)(11)–1.1 The ACLI expressed