[Federal Register: December 8, 2008 (Volume 73, Number 236)]
[Rules and Regulations]
[Page 74348-74349]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de08-3]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 760
[Docket No. 080220216-81424-03]
RIN 0694-AD59
Conforming Changes to Certain End-User/End-Use Based Controls in
the EAR; Clarification of the Term ``Transfer'' and Related Terms as
Used in the EAR; Correction
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Correcting amendment.
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SUMMARY: The Bureau of Industry and Security (BIS) published a final
rule in the Federal Register on Tuesday, November 18, 2008 (73 FR
68321) that amended the Export Administration Regulations (EAR) to,
among other things, clarify that the terms ``transferred'' and
``transfer'', in the context of two sections of the EAR, meant
``assigned to'' and ``assignment'', respectively. That final rule
contained one inadvertent error in the amendatory instruction used for
revising one of those two sections. This error in the amendatory
instruction led to one sentence of the revised regulatory text to not
be revised as was intended in the regulatory text of that final rule.
This document corrects that amendatory instruction error by revising
that one sentence from that section.
DATES: Effective Date: This rule is effective: December 8, 2008.
ADDRESSES: Written comments on this rule may be sent to the Federal
Register eRulemaking Portal: http://www.regulations.gov, or by e-mail
to publiccomments@bis.doc.gov. Include RIN 0694-AD59 in the subject
line of the message. Comments may be submitted by mail or hand delivery
to Timothy Mooney, Office of Exporter Services, Regulatory Policy
Division, Bureau of Industry and Security, U.S. Department of Commerce,
14th St. & Pennsylvania Avenue, NW., Room H2705, Washington, DC 20230,
ATTN: RIN 0694-AD59; or by fax to (202) 482-3355.
Send comments regarding the collection of information to Jasmeet
Seehra, Office of Management and Budget (OMB), by e-mail to
jseehra@omb.eop.gov, or by fax to (202) 395-7285; and to the Regulatory
Policy Division, Bureau of Industry and Security, U.S. Department of
Commerce, 14th St. & Pennsylvania Avenue, NW., Room H2705, Washington,
DC 20230.
FOR FURTHER INFORMATION CONTACT: Timothy Mooney, Office of Exporter
Services, Bureau of Industry and Security, U.S. Department of Commerce;
by telephone: (202) 482-2440; or by fax: 202-482-3355.
SUPPLEMENTARY INFORMATION:
Background
On November 18, 2008, the final rule, Conforming Changes to Certain
End-User/End-Use Based Controls in the EAR; Clarification of the Term
``Transfer'' and Related Terms as Used in the EAR was published in the
Federal Register (73 FR 68321). The amendments in that rule included a
revision to paragraph (b)(4)(viii) in Section 760.1 (Definitions). The
November 18 rule intended to revise the first three sentences of
paragraph (b)(4)(viii), but because of an inadvertent error in the
amendatory instruction the third sentence of that paragraph was not
revised as was intended in the regulatory text of that final rule. This
rule corrects that amendatory instruction error by revising the third
sentence of paragraph (b)(4)(viii).
Savings Clause
Shipments of items removed from eligibility for a License Exception
or export or reexport without a license (NLR) as a result of this
regulatory action that were on dock for loading, on lighter, laden
aboard an exporting or reexporting carrier, or en route aboard a
carrier to a port of export or reexport, on November 18, 2008, pursuant
to actual orders for export or reexport to a foreign destination, may
proceed to that destination under the previous eligibility for a
License Exception or export or reexport without a license (NLR) so long
as they are exported or reexported before December 30, 2008. Any such
items not actually exported or reexported before midnight, on December
30, 2008, require a license in accordance with this rule.
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 July 23, 2008,
73 FR 43603 (July 25, 2008), 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
[[Page 74349]]
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 final 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. This final rule is expected to have a minimal increase on
the total number of license applications submitted to BIS. Send
comments regarding these burden estimates or any other aspect of these
collections of information, including suggestions for reducing the
burden, to Jasmeet Seehra, Office of Management and Budget (OMB), and
to the Regulatory Policy Division, Bureau of Industry and Security as
indicated in the ADDRESSES section of this rule.
3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 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 and foreign affairs
function of the United States (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 final rule. Because a notice of
proposed rulemaking and an 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. Therefore,
this regulation is issued in final form. Although the formal comment
period closed on June 17, 2008, public comments on this regulation are
welcome on a continuing basis. Comments should be submitted to one of
the addresses listed in the ADDRESSES section of the preamble of this
final rule.
List of Subjects in 15 CFR Part 760
Boycotts, Exports, Reporting and recordkeeping requirements.
0
Accordingly, part 760 of the Export Administration Regulations (15 CFR
parts 730-774) is corrected by making the following correcting
amendment:
PART 760--[CORRECTED]
0
1. The authority citation for 15 CFR part 760 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of July
23, 2008, 73 FR 43603 (July 25, 2008).
0
2. Section 760.1 is amended by revising the third sentence of paragraph
(b)(4)(viii) to read as follows:
Sec. 760.1 Definitions.
* * * * *
(b) * * *
(4) * * *
(viii) * * * A, a U.S. national who will reside in Y, has agreed to
the assignment provided he is able to retain his insurance, pension,
and other benefits. * * *
* * * * *
Dated: December 3, 2008.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. E8-29012 Filed 12-5-08; 8:45 am]
BILLING CODE 3510-33-P