[Federal Register: October 31, 2005 (Volume 70, Number 209)]
[Rules and Regulations]
[Page 62237-62238]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31oc05-8]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 736
[Docket No. 050803216-5216-01]
RIN 0694-AD30
Technical Correction
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule; correction.
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SUMMARY: On September 16, 2005, the Bureau of Industry and Security
published a final rule that amended the Export Administration
Regulations by making several revisions and clarifications. This
document corrects an inadvertent error that the final rule made in
redesignating several paragraphs. This correction ensures that
paragraphs in Supplement No. 2 to part 736 of the Export Administration
Regulations are consistently designated.
DATES: This rule is effective October 31, 2005.
ADDRESSES: Although this is a final rule, comments are welcome and
should be sent to publiccomments@bis.doc.gov, fax (202) 482-3355, or to
Regulatory Policy Division, Bureau of Industry and Security, Room
H2705, U.S. Department of Commerce, Washington DC 20230. Please refer
to regulatory identification number (RIN) 0694-AD30 in all comments,
and in the subject line of email comments.
FOR FURTHER INFORMATION CONTACT: Timothy Mooney, Office of Exporter
Services, Bureau of Industry and Security, Telephone: (202) 482-2440,
Email: tmooney@bis.doc.gov.
SUPPLEMENTARY INFORMATION: This document corrects an inadvertent error
in the final rule that was published by the Bureau of Industry and
Security (BIS) on Friday, September 16, 2005 (70 FR 54626). The
September 16, 2005 final rule amended the Export Administration
Regulations (EAR) by, among other things, deleting a redundant
paragraph and redesignating the remaining paragraphs in Administrative
Order No. 2, Supplement No. 2 to part 736 of the EAR. The September 16,
2005 rule contained an inadvertent error in the amendatory text.
Specifically, the final rule redesignated some paragraphs in Supplement
No. 2 to part 736 of the EAR, but failed to redesignate all of them. To
fix this inadvertent error, this document inserts amendatory text on
page 54628 of the Federal Register of Friday, September 16, 2005, to
redesignate the capital letter subparagraphs in Supplement No. 2 to
part 736 of the EAR to the roman numeral level. This change will ensure
that all relevant paragraphs in Supplement No. 2 to part 736 will be
properly designated.
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 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 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. Send comments regarding these burden estimates or any other
aspect of these
[[Page 62238]]
collections of information, including suggestions for reducing the
burden, to David Rostker, Office of Management and Budget (OMB), by
email to David_Rostker@omb.eop.gov, or by fax to (202) 395-7285; and
to the Office of Administration, Bureau of Industry and Security,
Department of Commerce, 14th and Pennsylvania Avenue, NW., Room 6883,
Washington, DC 20230.
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)(3) to waive the provisions of the Administrative Procedure Act
requiring prior notice and the opportunity for public comment because
it is unnecessary. This regulation deletes a redundant paragraph and
redesignates the remaining paragraphs in one section for clarity;
inserts material inadvertently omitted from previous rules in three
places in the EAR; clarifies instructions for applying for
authorization to transfer items subject to the EAR in-country; adds an
alias for a listed entity on the Entity List; and removes references to
two ECCNs that do not exist. The revisions made by this rule are
administrative in nature and do not affect the rights and obligations
of the public. Because these revisions are not substantive changes to
the EAR, it is unnecessary to provide notice and opportunity for public
comment. In addition, the 30-day delay in effectiveness required by
U.S.C. 553(d) is not applicable because this rule is not a substantive
rule. No other law requires that a notice of proposed rulemaking and an
opportunity for public comment be given for this 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 in 15 CFR Part 736
Exports.
0
Accordingly, for the reasons set out in the preamble, 15 CFR part 736
is amended as follows:
0
1. The authority citation for part 736 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. 2151 (note), Pub. L. 108-175; E.O. 12938, 59 FR 59099, 3
CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp.,
p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR
26751, 3 CFR, 2004 Comp., p. 168; Notice of November 4, 2004, 69 FR
64637, 3 CFR, 2004 Comp., p. 303; Notice of August 2, 2005, 70 FR
45273 (August 5, 2005).
SUPPLEMENT NO. 2 TO PART 736--[CORRECTED]
0
2. Supplement No. 2 to part 736, is amended in ``Administrative Order
Two'' by:
0
a. Redesignating paragraphs (a)(2)(A) through (E) as paragraphs
(a)(2)(i) through (v), respectively; and
0
b. Redesignating paragraphs (a)(3)(A) through (D) as paragraphs
(a)(3)(i) through (iv), respectively.
Dated: October 20, 2005.
Eileen Albanese,
Director, Office of Exporter Services.
[FR Doc. 05-21351 Filed 10-28-05; 8:45 am]
BILLING CODE 3510-33-P