[Federal Register: June 9, 2005 (Volume 70, Number 110)]
[Rules and Regulations]
[Page 33693-33694]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn05-5]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 041222360-5141-02]
RIN [0694-AD24]
Licensing Policy for Entities Sanctioned Under Specified
Statutes; License Requirement for Certain Sanctioned Entities; and
Imposition of License Requirement for Tula Instrument Design Bureau
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: This document makes final, without change, a previously
published interim final rule that stated the Bureau of Industry and
Security's licensing policy regarding transactions involving entities
sanctioned by the State Department under three specified statutes,
imposed a new license requirement for certain entities sanctioned by
the State Department, and identified one specific entity subject to
this new license requirement, Tula Instrument Design Bureau of Russia.
DATES: Effective date: June 9, 2005.
FOR FURTHER INFORMATION CONTACT: William Arvin, Regulatory Policy
Division, Office of Exporter Services at warvin@bis.doc.gov or 202-482-
2440.
SUPPLEMENTARY INFORMATION: On March 7, 2005, the Bureau of Industry and
Security (BIS) published an interim final rule with a request for
comments. The comment period expired on May 6, 2005. BIS received no
comments on the interim final rule and is now adopting it without
change in this final rule.
The interim final rule of March 7 set forth BIS's licensing policy
for entities subject to sanctions imposed by the State Department under
the Iran-Iraq Arms Nonproliferation Act of 1992 (Pub. L. 102-484), the
Iran Nonproliferation Act of 2000 (Pub. L. 107-178) and section
11B(b)(1) of the Export Administration Act of 1979 (also known as the
Missile Technology Control Act of 1990). The interim final rule also
imposed a new license requirement for certain entities sanctioned by
the State Department, and identified one specific entity, Tula
Instrument Design Bureau of Russia (Tula), subject to this new license
requirement. The interim final rule placed Tula on the Entity List (15
CFR part 744, supp. No. 4), thereby informing the public that a license
is required to export or reexport to Tula any item subject to the EAR
other than EAR99 items, that License Exceptions may not be used for
exports or reexport to Tula, and that BIS's policy is generally to deny
applications for licenses to export or reexport such items to Tula.
The interim final rule requested comments no later than May 6,
2005. BIS has received no comments on the interim final and is now
adopting it without change in this final rule. In doing so, BIS is not
negating or in any way modifying the changes to the Entity List made
subsequent to the March 7, 2005 publication of the interim final rule
and prior to publication of this final rule. Specifically, the
additions to the Entity List at 70 FR 11861 (March 10, 2005) are
unaffected by this final rule.
Although the Export Administration Act of 1979 (EAA), as amended,
expired on August 20, 2001, Executive Order 13222 of August 17, 2001 (3
CFR, 2001 Comp., p. 783 (2002)) as extended by the Notice of August 6,
2004, 69 FR 48763 (August 10, 2004), continues the EAR in effect under
the International Emergency Economic Powers Act (IEEPA).
Rulemaking Requirements
1. This rule has been determined to be not significant for purposes
of Executive Order 12866.
2. Notwithstanding any other provision 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
[[Page 33694]]
et seq.) (PRA), unless that collection of information displays a
currently valid Office of Management and Budget (OMB) Control Number.
This regulation involves collections previously approved by the OMB
under control numbers 0694-0088, ``Multi-Purpose Application,'' which
carries a burden hour estimate of 58 minutes to prepare and submit form
BIS-748. Miscellaneous and recordkeeping activities account for 12
minutes per submission.
Burden hours associated with the Paperwork Reduction Act and Office
and Management and Budget control number 0694-0088 are not impacted by
this regulation. Send comments regarding these burden estimates or any
other aspect of these collections of information, including suggestions
for reducing the burden, to David Rostker, OMB Desk Officer, by e-mail
at david_rostker@omb.eop.gov or by fax to (202) 395-7285; and to the
Regulatory Policy Division, Bureau of Industry and Security, Department
of Commerce, P.O. Box 273, Washington, DC 20044.
3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 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 or foreign affairs function
of the United States (see 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 rule. Because a notice of proposed
rulemaking and an opportunity for public comment are not required to be
given for this rule by 5 U.S.C. 553, 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 in 15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
0
Accordingly, BIS adopts, without change, the interim final rule
published at 70 FR 10865, March 7, 2005 as a final rule.
Dated: June 3, 2005.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 05-11418 Filed 6-8-05; 8:45 am]
BILLING CODE 3510-33-P