[Federal Register: February 24, 2006 (Volume 71, Number 37)]
[Rules and Regulations]
[Page 9441-9442]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe06-6]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 742 and 746
[Docket No. 051230351-5351-01]
RIN 0694-AD68
Clarification to the Export Administration Regulations; General
Order to Implement the Syria Accountability and Lebanese Sovereignty
Act
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of Industry and Security publishes this final rule
to amend the Export Administration Regulations (EAR) by adding two
cross-references to the General Order Implementing the Syria
Accountability and Lebanese Sovereignty Act (Syria General Order). This
amendment clarifies that provisions of the Syria General Order set
forth special controls on exports and reexports to Syria and supersede
other provisions in the EAR specific to Syria.
DATES: This rule is effective February 24, 2006.
ADDRESSES: Send comments regarding the Paperwork Reduction Act burden
estimates or any other aspect of the collection of information affected
by this rule to David Rostker, OMB Desk Officer, by e-mail at
david_rostker@omb.eop.gov or by fax to 202-395-7285; with a copy to the
Regulatory Policy Division, Bureau of Industry and Security at one of
the addresses below. Send comments concerning any other aspect of this
rule via e-mail to rpd2@bis.doc.gov, via fax to 202-482-3355 or to the
Bureau of Industry and Security, Office of Exporter Services,
Regulatory Policy Division, Room H2017, U.S. Department of Commerce,
Washington, DC 20230. Please refer to RIN 0694-AD68 in all comments.
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
On May 14, 2004 the Bureau of Industry and Security issued General
Order Implementing Syria Accountability and Lebanese Sovereignty Act of
2003 (Syria General Order) consistent with Executive Order 13338 of May
11, 2004. Pursuant to the Syria General Order, exports and reexports of
all items subject to the Export Administration Regulations (EAR) (15
CFR 730 et seq.), except food and medicine classified as EAR99 and
``deemed export'' and ``deemed reexport'' of EAR99 technology or source
code, require a license to Syria (medicine is defined in Part 772 of
the EAR). All license applications for exports or reexports to Syria
are subject to a general policy of denial, other than particular
transactions described in the General Order.
The Syria General Order is set forth in Supplement No. 1 to Part
736 of the EAR as General Order No. 2. In response to a suggestion by
exporters, this final rule clarifies that the Syria General Order sets
forth special controls on exports and reexports to Syria and supersedes
other provisions in the EAR specific to Syria by adding two cross
references to the Syria General Order in parts 742 and 746 of the EAR.
Specifically, this final rule adds a new paragraph (e) to section 742.9
``Anti-terrorism: Syria'', and adds new section 746.9, ``Syria,'' to
part 746--Embargoes and Other Special Controls.
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.
[[Page 9442]]
Rulemaking Requirements
1. This 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 collections of information subject
to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). These
collections have been approved by 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. BIS believes that this rule will not materially affect the
burden imposed by this collections.
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)(B) to waive the provisions of the Administrative Procedure Act
requiring prior notice and the opportunity for public comment because
it is unnecessary. The changes made by this rule merely provide greater
clarity by including cross-references to interrelated provisions of
existing regulations. In particular, the Syria General Order, published
in May of 2004, modified the regulatory treatment of exports and
reexports to Syria. This rule inserts references to the General Order
into existing Syria specific provisions of the EAR to ensure that the
public is aware of the existence of the Syria General Order. Therefore
because the changes made by this rule are not substantive, 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.
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 Part 742
Exports, Terrorism.
15 CFR Part 746
Exports, Foreign trade.
0
Accordingly, parts 742 and 746 of the Export Administration Regulations
(15 CFR parts 730--799) are amended as follows:
PART 742--[AMENDED]
0
1. The authority citation for part 742 continues 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 August 2, 2005, 70 FR
45273 (August 5, 2005); Notice of October 25, 2005, 70 FR 62027
(October 27, 2005).
0
2. Section 742.9 is amended to add a new paragraph (e) as follows:
Sec. 742.9 Anti-terrorism: Syria.
* * * * *
(e) General Order No. 2, Supplement No. 1 to part 736 of the EAR,
sets forth special controls for exports and reexports to Syria. General
Order No. 2 supersedes the provisions of paragraphs (a) through (d) of
this section.
PART 746--[AMENDED]
0
3. The authority citation for part 746 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 287c; Sec 1503, Pub. L. 108-11,117 Stat. 559; 22 U.S.C.
6004; Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O.
12854, 58 FR 36587, 3 CFR 1993 Comp., p. 614; E.O. 12918, 59 FR
28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222, 3 CFR, 2001 Comp., p.
783; Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459,
May 16, 2003; Notice of August 2, 2005, 70 FR 45273 (August 5,
2005).
0
4. New section 746.9 is added to read as follows:
Sec. 746.9 Syria.
General Order No. 2, Supplement No. 1 to part 736 of the EAR, sets
forth special controls for exports and reexports to Syria.
Dated: February 14, 2006.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc.06-1709 Filed 2-23-06; 8:45 am]
BILLING CODE 3510-33-P