[Federal Register Volume 75, Number 114 (Tuesday, June 15, 2010)]
[Rules and Regulations]
[Pages 33682-33683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14525]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 766
[Docket No. 100603238-0235-01]
RIN 0694-AE93
Export Administration Regulations; Technical Amendments
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule; technical amendments.
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SUMMARY: In this final rule, the Bureau of Industry and Security (BIS)
makes a technical amendment to the Export Administration Regulations
(EAR). Specifically, BIS deletes references concerning Federal court
jurisdiction for judicial review of final decisions and orders issued
in BIS export control administrative enforcement proceedings and in
administrative appeals of BIS temporary denial orders. Federal court
jurisdiction to review these orders is governed by statute, not by
regulation.
DATES: Effective Date: This rule is effective June 15, 2010
ADDRESSES: You may submit comments, identified by RIN 0694-AE93, by any
of the following methods:
E-mail: [email protected]. Include ``RIN 0694-
AE93'' in the subject line of the message.
Fax: (202) 482-3355. Please alert the Regulatory Policy
Division, by calling (202) 482-2440, if you are faxing comments.
Mail or Hand Delivery/Courier: Sheila Quarterman, U.S.
Department of Commerce, Bureau of Industry and Security, Regulatory
Policy Division, 14th Street & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230, Attn: RIN 0694-AE93.
Send comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden to
Jasmeet Seehra, Office of Management and Budget (OMB), by e-mail to
[email protected] or by fax to (202) 395-7285. Comments
on this collection of information should be submitted separately from
comments on
[[Page 33683]]
the final rule (i.e., RIN 0694-AE93)--all comments on the latter should
be submitted by one of the three methods outlined above.
FOR FURTHER INFORMATION CONTACT: Sheila Quarterman, Bureau of Industry
and Security, Office of Exporter Services, Regulatory Policy Division,
by phone at 202-482-2440 or by fax 202-482-3355.
SUPPLEMENTARY INFORMATION:
Background
In this rule, BIS makes a technical amendment to the Export
Administration Regulations (EAR) to remove three references concerning
Federal court jurisdiction to review certain BIS enforcement orders.
Paragraph (e) of section 766.22 discusses judicial review of a final
decision and order by the Under Secretary for Industry and Security in
a BIS export control administrative proceeding. Section 766.24 contains
two references to judicial review. Paragraph (g) of section 766.24
discusses judicial review of a final decision and order by the Under
Secretary concerning the administrative appeal of a temporary denial
order issued by the Assistant Secretary for Export Enforcement, and
paragraph (e)(5) of the same section includes a reference to paragraph
(g). Federal court jurisdiction to review these BIS final orders is
governed by statute, not by regulation. BIS is deleting these
provisions, which were not promulgated with the intent to create or
govern Federal court jurisdiction.
Since August 21, 2001, the Export Administration Act has been in
lapse and the President, through Executive Order 13222 of August 17,
2001 (3 CFR, 2001 Comp., p. 783 (2002)), as extended most recently by
the Notice of August 13, 2009 (74 FR 41325 (August 14, 2009)), has
continued the EAR in effect under the International Emergency Economic
Powers Act.
Rulemaking Requirements
1. This final rule has been determined to be not significant for
the purposes of Executive Order 12866.
2. Notwithstanding any other provisions 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 rule does not
involve a collection of information, and, therefore, does not implicate
requirements of the PRA.
3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
4. The Department finds that there is good cause under 5 U.S.C.
553(b)(A) and (B) to waive the provisions of the Administrative
Procedure Act requiring prior notice and the opportunity for public
comment because they are unnecessary. This rule is one of procedure,
which is exempted from the notice and comment requirements of the APA.
This rule only deletes provisions from Part 766 that discuss federal
court jurisdiction, which is an issue governed by statute, not by
regulation. Because these revisions are not substantive changes, it is
unnecessary to provide notice and opportunity for public comment. In
addition, the 30-day delay in effectiveness required by 5 U.S.C. 553(d)
is not applicable because this rule is not a substantive rule. 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 there is
no formal comment period, public comments on this regulation are
welcome on a continuing basis. Comments should be submitted to Sheila
Quarterman, Regulatory Policy Division, Bureau of Industry and
Security, U.S. Department of Commerce, 14th Street & Pennsylvania
Avenue, NW., Room 2705, Washington, DC 20230.
List of Subjects in 15 CFR Part 766
Administrative practice and procedure, Confidential business
information, Exports, Law enforcement, Penalties.
0
Accordingly, 15 CFR part 766 of the Export Administration Regulations
(15 CFR Parts 730-774) is amended as follows:
PART 766--[AMENDED]
0
1. The authority citation for 15 CFR Part 766 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 August
13, 2009, 74 FR 41325 (August 14, 2009).
Sec. 766.22 [Amended]
0
2. In Sec. 766.22, remove paragraph (e).
Sec. 766.24 [Amended]
0
3. In Sec. 766.24, remove the last sentence from paragraph (e)(5) and
remove paragraph (g).
Dated: June 11, 2010.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2010-14525 Filed 6-14-10; 8:45 am]
BILLING CODE 3510-33-P