Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations 23949 

Related Controls: (1) Military commodities 

are subject to the export licensing 

jurisdiction of the Department of State if they 

incorporate items that are subject to the 

International Traffic in Arms Regulations 

(ITAR) (22 CFR Parts 120–130). (2) Military 

commodities described in this paragraph are 

subject to the export licensing jurisdiction of 

the Department of State if such commodities 

are described on the United States Munitions 

List (22 CFR Part 121) and are in the United 

States. (3) The furnishing of assistance 

(including training) to foreign persons, 

whether in the United States or abroad in the 

design, development, engineering, 

manufacture, production, assembly, testing, 

repair, maintenance, modification, operation, 

demilitarization, destruction, processing, or 

use of defense articles that are subject to the 

ITAR; or the furnishing to foreign persons of 

any technical data controlled under 22 CFR 

121.1 whether in the United States or abroad 

are under the licensing jurisdiction of the 

Department of State. (4) Brokering activities 

(as defined in 22 CFR 129.9) of military 

commodities that are subject to the ITAR are 

under the licensing jurisdiction of the 

Department of State. 

Related Definitions: N/A. 

Items: ‘‘Military commodities’’ with all of 

the following characteristics: 

a. Described on either the United States 

Munitions List (22 CFR Part 121) or the 

Munitions List that is published by the 

Wassenaar Arrangement on Export Controls 

for Conventional Arms and Dual-Use Goods 

and Technologies (as set out on its Web site 

at http://www.wassenaar.org), but not any 

item listed in any Export Control 

Classification Number for which the last 

three characters are 018; 

b. Produced outside the United States; 

c. Not subject to the International Traffic in 

Arms Regulations (22 CFR Parts 120–130) for 

a reason other than presence in the United 

States; and 

d. Incorporate one or more cameras 

controlled under ECCN 6A003.b.4.b. 

■ 25. In Supplement No. 1 to part 774, 

Category 6, Export Control Classification 

Number 6A003, revise the ‘‘Reason for 

Control’’ and the ‘‘Related Controls’’ 

paragraphs to read as follows: 

6A003 Cameras. 

License Requirements 

Reason for Control: NS, NP, RS, AT, UN. 

Control(s) Country chart 

NS applies to entire entry ...................................................................................................................... NS Column 2. 

NP applies to items controlled in paragraphs 6A003.a.2, a.3 and a.4 ................................................. NP Column 1. 

RS applies to items controlled in 6A003.b.3, to items controlled in 6A003.b.4.a, and to items 

controlled in 6A003.b.4.b that have a frame rate greater than 60 Hz or that incorporate a focal 

plane array with more than 111,000 elements, or to items in 6A003.b.4.b when being exported 

or reexported to be embedded in a civil product. (But see § 742.6(a)(2)(iii) and (v) for certain 

exemptions).

RS Column 1. 

RS applies to items controlled in 6A003.b.4.b that have a frame rate of 60 Hz or less and that incorporate a focal plane array with not more than 111,000 elements if not being exported or reexported to be embedded in a civil product.RS Column 2. 

RS applies to items controlled in 6A003.b.4.b ..................................................................................... A license is required to export or reexport these items to Hong Kong. This 

license requirement does not appear 

in the Commerce Country Chart. 

AT applies to entire entry ...................................................................................................................... AT Column 1. 

UN applies to items controlled in 6A003.b.3 and b.4 .......................................................................... Iraq and Rwanda. 

License Exceptions 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: (1) See ECCNs 6E001 

(‘‘development’’), 6E002 (‘‘production’’), and 

6E201 (‘‘use’’) for technology for items 

controlled under this entry. (2) Also see 

ECCN 6A203. (3) See ECCN 8A002.d and .e 

for cameras specially designed or modified 

for underwater use. (4) See ECCN 0A919 for 

foreign made military commodities that 

incorporate cameras described in 

6A003.b.4.b. (5) Section 744.9 imposes 

license requirements on cameras described in 

6A003.b.4.b if being exported for 

incorporation into an item controlled by 

ECCN 0A919 or for a military end-user. 

* * * * * 

■ 26. In Supplement No. 1 to part 774, 

immediately following Export Control 

Classification Number 6D993, add a 

new Export Control Classification 

Number 6D994 to read as follows: 

6D994 ‘‘Software’’ designed or modified for 

cameras incorporating ‘‘focal plane arrays’’ 

specified by 6A002.a.3.f and designed or 

modified to remove a frame rate restriction 

and allow the camera to exceed the frame 

rate specified in 6A003.b.4. Note 3.a. 

License Requirements 

Reason for Control: RS. 

Control(s) Country chart 

RS applies to entire entry RS Column 1. 

License Exceptions 

CIV: N/A. 

TSR: N/A. 

List of Items Controlled 

Unit: $ value. 

Items: The list of Items Controlled is in the 

ECCN heading. 

Dated: May 18, 2009. 

Matthew S. Borman, 

Acting Assistant Secretary for Export 

Administration. 

[FR Doc. E9–11951 Filed 5–21–09; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Customs and Border Protection 

Bureau 

DEPARTMENT OF THE TREASURY 

19 CFR Part 10 

[Docket No. USCBP–2009–0015; CBP Dec. 

09–17] 

RIN 1505–AC13 

Imported Directly Requirement Under 

the United States-Bahrain Free Trade 

Agreement 

AGENCY: Customs and Border Protection, 

Department of Homeland Security; 

Department of the Treasury. 

ACTION: Interim final rule; solicitation of 

comments. 

SUMMARY: This document amends the 

U.S. Customs and Border Protection 

(CBP) regulations in title 19 of the Code 

of Federal Regulations (19 CFR) on an 

interim basis to change certain 

provisions relating to the requirement 

under the United States-Bahrain Free 

Trade Agreement (BFTA) that a good 

must be ‘‘imported directly’’ from one 


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23950 Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations 

BFTA Party to the other Party to qualify 

for preferential tariff treatment. The 

change involves removing the condition 

that a good passing through the territory 

of an intermediate country while en 

route from a Party to the other Party 

must remain under the control of the 

customs authority of the intermediate 

country. This change more closely 

conforms these regulatory provisions to 

the BFTA and the BFTA implementing 

statute. 

DATES: This interim final rule is 

effective May 22, 2009. Comments must 

be received on or before July 21, 2009. 

ADDRESSES: You may submit comments, 

identified by docket number, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

via docket number USCBP–2009–0015. 

• Mail: Trade and Commercial 

Regulations Branch, Regulations and 

Rulings, Office of International Trade, 

U.S. Customs and Border Protection, 

799 9th Street, NW., 5th Floor, 

Washington, DC 20229–1179. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. Submitted 

comments may be inspected during 

regular business days between the hours 

of 9 a.m. and 4:30 p.m. at the Trade and 

Commercial Regulations Branch, 

Regulations and Rulings, Office of 

International Trade, U.S. Customs and 

Border Protection, 799 9th Street, NW., 

5th Floor, Washington, DC. 

Arrangements to inspect submitted 

comments should be made in advance 

by calling Mr. Joseph Clark at (202) 325– 

0118. 

FOR FURTHER INFORMATION CONTACT: 

Karen Greene, Regulations and Rulings, 

Office of International Trade, (202) 325– 

0041. 

SUPPLEMENTARY INFORMATION: 

Public Participation 

Interested persons are invited to 

participate in this rulemaking by 

submitting written data, views, or 

arguments on all aspects of the interim 

final rule. CBP also invites comments 

that relate to the economic, 

environmental, or federalism effects that 

might result from this interim final rule. 

Comments that will provide the most 

assistance to CBP will reference a 

specific portion of the interim final rule, 

explain the reason for any 

recommended change, and include data, 

information, or authority that support 

such recommended change. See 

ADDRESSES above for information on 

how to submit comments. 

Background 

On September 14, 2004, the United 

States and the Kingdom of Bahrain (the 

Parties) signed the U.S.-Bahrain Free 

Trade Agreement (BFTA). The 

provisions of the BFTA were adopted by 

the United States with the enactment on 

January 11, 2006, of the United StatesBahrain Free Trade Area 

Implementation Act (the Act), Public 

Law 109–169, 119 Stat. 3581 (19 U.S.C. 

3805 note). 

On October 16, 2007, CBP published 

CBP Dec. 07–81 in the Federal Register 

(72 FR 58511), setting forth interim 

amendments to implement the 

preferential tariff treatment and 

customs-related provisions of the BFTA. 

The majority of the BFTA implementing 

regulations were included within new 

subpart N in part 10 of the CBP 

regulations (19 CFR subpart N, part 10). 

In CBP Dec. 08–23, published in the 

Federal Register on July 23, 2008 (73 FR 

42679), CBP adopted the interim 

regulations set forth in CBP Dec. 07–81 

as a final rule with two technical 

corrections. 

Section 10.817(a) of the CBP 

regulations implementing the BFTA sets 

forth the basic requirement, found in 

Article 4.1 of the BFTA, that a good 

must be ‘‘imported directly’’ from the 

territory of a Party into the territory of 

the other Party to qualify as an 

originating good under the BFTA. In 

circumstances in which a shipment 

passes through the territory of a nonParty, § 10.817(a)(2) provides that a 

good will be considered to be ‘‘imported 

directly’’ only if the good: (i) Remained 

under the control of the customs 

authority of the non-Party; and (ii) did 

not undergo production, manufacturing, 

or any other operation outside the 

territories of the Parties, other than 

certain specified minor operations. 

Nearly identical language to that found 

in § 10.817(a) appears in § 10.822(a), 

relating to the application of the 

‘‘imported directly’’ requirement to 

certain non-originating textile and 

apparel goods that qualify for 

preferential tariff treatment under an 

applicable tariff preference level (TPL). 

Article 4.9 of the BFTA provides that 

a good shall not be considered to be 

‘‘imported directly’’ from the territory of 

the other Party if the good undergoes 

subsequent production, manufacturing, 

or any other operation outside the 

territories of the Parties, other than 

unloading, reloading, or any other 

operation necessary to preserve it in 

good condition or to transport the good 

to the territory of the other Party. 

Section 202(g) of the Act mirrors the 

language in Article 4.9 of the 

Agreement. Neither the BFTA nor the 

Act includes a requirement that a good 

must remain under the control of the 

customs authority of a non-Party to 

qualify as having met the ‘‘imported 

directly’’ requirement when the good 

passes through the territory of a nonParty. 

Explanation of Amendments 

It has been brought to the attention of 

CBP that there is no explicit 

requirement in the BFTA or the Act that 

a good must remain under the control of 

the customs authority of a non-Party to 

qualify as having been ‘‘imported 

directly’’ from a Party. Therefore, to 

more closely conform paragraph (a)(2) of 

§§ 10.817 and 10.822 to the Agreement 

and the Act, these regulatory provisions 

have been revised in this interim rule 

document to remove the ‘‘customs 

control’’ requirement. Specifically, 

paragraph (a)(2)(i) of §§ 10.817 and 

10.822 has been removed and text of 

current paragraph (a)(2)(ii) of §§ 10.817 

and 10.822 has been incorporated into 

the paragraph (a)(2) introductory text of 

these sections. 

CBP notes that these changes provide 

consistency between the BFTA 

implementing regulations and the CBP 

regulations implementing the United 

States-Morocco Free Trade Agreement 

(MFTA) relating to the ‘‘imported 

directly’’ requirement under these two 

FTAs. The language in the BFTA and 

MFTA and the two implementing 

statutes are nearly identical in regard to 

this requirement. 

Inapplicability of Notice and Delayed 

Effective Date Requirements 

Under the Administrative Procedure 

Act (APA) (5 U.S.C. 553), agencies 

generally are required to publish a 

notice of proposed rulemaking in the 

Federal Register that solicits public 

comment on the proposed regulatory 

amendments, consider public comments 

in deciding on the content of the final 

amendments, and publish the final 

amendments at least 30 days prior to 

their effective date. However, section 

553(a)(1) of the APA provides that the 

standard prior notice and comment 


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Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations 23951 

procedures do not apply to an agency 

rulemaking to the extent that it involves 

a foreign affairs function of the United 

States. CBP has determined that these 

interim amendments involve a foreign 

affairs function of the United States 

because they modify regulatory 

provisions that implement preferential 

tariff treatment provisions under the 

BFTA. Therefore, the rulemaking 

requirements under the APA do not 

apply and this interim rule will be 

effective upon publication. However, 

CBP is soliciting comments in this 

interim rule and will consider all 

comments received before issuing a 

final rule. 

Executive Order 12866 

CBP has determined that this 

document is not a regulation or rule 

subject to the provisions of Executive 

Order 12866 of September 30, 1993 (58 

FR 51735, October 1993), because it 

pertains to a foreign affairs function of 

the United States and, therefore, is 

specifically exempted by section 3(d)(2) 

of Executive Order 12866. 

Regulatory Flexibility Act 

Because no notice of proposed 

rulemaking is required under the APA 

for the reasons described above, the 

provisions of the Regulatory Flexibility 

Act, as amended (5 U.S.C. 601 et seq.), 

do not apply to this rulemaking. 

Accordingly, this final rule is not 

subject to the regulatory analysis 

requirements or other requirements of 5 

U.S.C. 603 and 604. 

Signing Authority 

This document is being issued in 

accordance with § 0.1(a)(1) of the CBP 

Regulations (19 CFR 0.1(a)(1)) 

pertaining to the authority of the 

Secretary of the Treasury (or his/her 

delegate) to approve regulations related 

to certain customs revenue functions. 

List of Subjects in 19 CFR Part 10 

Customs duties and inspection, 

Exports, Imports, Preference programs, 

Trade agreements. 

Amendments to the CBP Regulations 

■ Accordingly, chapter I of title 19, 

Code of Federal Regulations (19 CFR 

chapter I), is amended as set forth 

below. 

PART 10—ARTICLES CONDITIONALLY 

FREE, SUBJECT TO A REDUCED 

RATE, ETC. 

■ 1. The general authority citation for 

part 10 and the specific authority for 

subpart N continue to read as follows: 

Authority: 19 U.S.C. 66, 1202 (General 

Note 3(i), Harmonized Tariff Schedule of the 

United States), 1321, 1481, 1484, 1498, 1508, 

1623, 1624, 3314; 

* * * * * 

Section 10.801 through 10.829 also issued 

under 19 U.S.C. 1202 (General Note 30, 

HTSUS) and Pub. L. 109–169, 119 Stat. 3581 

(19 U.S.C. 3805 note). 

■ 2. Section 10.817 is amended by 

revising paragraph (a)(2) to read as 

follows: 

§ 10.817 Imported directly. 

(a) * * * 

(2) If the shipment passed through the 

territory of a non-Party, the good, upon 

arrival in the territory of a Party, will be 

considered to be ‘‘imported directly’’ 

only if the good did not undergo 

production, manufacturing, or any other 

operation outside the territories of the 

Parties, other than unloading, reloading, 

or any other operation necessary to 

preserve the good in good condition or 

to transport the good to the territory of 

a Party. Operations that may be 

performed outside the territories of the 

Parties include inspection, removal of 

dust that accumulates during shipment, 

ventilation, spreading out or drying, 

chilling, replacing salt, sulfur dioxide, 

or aqueous solutions, replacing 

damaged packing materials and 

containers, and removal of units of the 

good that are spoiled or damaged and 

present a danger to the remaining units 

of the good, or to transport the good to 

the territory of a Party. 

* * * * * 

■ 3. Section 10.822 is amended by 

revising paragraph (a)(2) to read as 

follows: 

§ 10.822 Transshipment of non-originating 

fabric or apparel goods. 

(a) * * * 

(2) If the shipment passed through the 

territory of a non-Party, the good, upon 

arrival in the territory of a Party, will be 

considered to be ‘‘imported directly’’ 

only if the good did not undergo 

production, manufacturing, or any other 

operation outside the territories of the 

Parties, other than unloading, reloading, 

or any other operation necessary to 

preserve the good in good condition or 

to transport the good to the territory of 

a Party. Operations that may be 

performed outside the territories of the 

Parties include inspection, removal of 

dust that accumulates during shipment, 

ventilation, spreading out or drying, 

chilling, replacing salt, sulfur dioxide, 

or aqueous solutions, replacing 

damaged packing materials and 

containers, and removal of units of the 

good that are spoiled or damaged and 

present a danger to the remaining units 

of the good, or to transport the good to 

the territory of a Party. 

* * * * * 

Approved: May 19, 2009. 

Jayson P. Ahern, 

Acting Commissioner, U.S. Customs and 

Border Protection. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. E9–11986 Filed 5–21–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

29 CFR Part 2550 

RIN 1210–AB13 

Investment Advice—Participants and 

Beneficiaries 

AGENCY: Employee Benefits Security 

Administration, Labor. 

ACTION: Final rule; delay of effective 

date and applicability date. 

SUMMARY: This document delays the 

effective and applicability dates of final 

rules under the Employee Retirement 

Income Security Act, and parallel 

provisions of the Internal Revenue Code 

of 1986, relating to the provision of 

investment advice to participants and 

beneficiaries in individual account 

plans, such as 401(k) plans, and 

beneficiaries of individual retirement 

accounts (and certain similar plans). 

These rules were published in the 

Federal Register on January 21, 2009, 

and were to have become effective and 

applicable on March 23, 2009, but were 

delayed until May 22, 2009, by a final 

rule published on March 20, 2009 (74 

FR 11847). This document further 

delays the effective and applicability 

dates of these final rules from May 22, 

2009, until November 18, 2009, to allow 

additional time for the Department to 

evaluate questions of law and policy 

concerning the rules. 

DATES: The effective and applicability 

date of the rule amending 29 CFR part 

2550, published January 21, 2009, at 74 

FR 3822, delayed March 20, 2009, at 74 

FR 11847 is further delayed until 

November 18, 2009. 

FOR FURTHER INFORMATION CONTACT: Fred 

Wong, Office of Regulations and 

Interpretations, Employee Benefits 

Security Administration (EBSA), (202) 

693–8500. This is not a toll-free number. 

SUPPLEMENTARY INFORMATION: On 

January 21, 2009, the Department of 

Labor published final rules on the 


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