[Federal Register: January 13, 2005 (Volume 70, Number 9)]
[Rules and Regulations]
[Page 2348-2350]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ja05-14]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 742 and 774
[Docket No. 041221359-5005-02]
RIN 0694-AD25
Implementation of the Understandings Reached at the June 2004
Australia Group (AG) Plenary Meeting and Through a Subsequent AG
Intersessional Decision; Correction
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule; correction.
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SUMMARY: On Wednesday, December 29, 2004, the Bureau of Industry and
[[Page 2349]]
Security (BIS) published a final rule that amended the Export
Administration Regulations (EAR) to implement the understandings
reached at the June 2004 plenary meeting of the Australia Group (AG)
and through a subsequent AG intersessional decision. The December 29,
2004, final rule contained a typographical error in the description of
the AG-related license requirements in the EAR, as well as an error in
the amendatory language for ECCN 2B351, which controls certain toxic
gas monitoring systems and dedicated detectors therefor. This document
corrects those errors.
DATES: This rule is effective January 13, 2005.
FOR FURTHER INFORMATION CONTACT: For questions of a general nature,
contact Willard Fisher, Regulatory Policy Division, Office of Exporter
Services, Bureau of Industry and Security at (202) 482-2440 or e-mail
wfisher@bis.doc.gov. For questions concerning the AG-related license
requirements in the EAR, contact Douglas Brown, Office of
Nonproliferation Controls and Treaty Compliance, Bureau of Industry and
Security, Telephone: (202) 482-7900.
SUPPLEMENTARY INFORMATION:
Background
This document corrects the errors contained in the final rule that
was published by the Bureau of Industry and Security (BIS) on December
29, 2004 (69 FR 77890). The December 29, 2004, final rule amended the
Export Administration Regulations (EAR) to implement the understandings
reached at, and subsequent to, the annual plenary meeting of the
Australia Group (AG) that was held in Paris on June 7-10, 2004.
Specifically, this document corrects a minor typographical error
contained in Sec. 742.2, which describes the AG-related license
requirements in the EAR. This document corrects paragraph (a)(3)(i) in
Sec. 742.2 of the EAR by replacing the period at the end of the
paragraph with a semicolon.
This document also corrects an error contained in Export Control
Classification Number (ECCN) 2B351 on the Commerce Control List (CCL)
(Supplement No. 1 to Part 774 of the EAR). In the December 29, 2004,
final rule, the amendatory instruction for ECCN 2B351 did not specify
that the heading of the ECCN should be revised to read as set forth in
the regulatory text for that ECCN. The regulatory text in the December
29, 2004, final rule contained the following revised heading for ECCN
2B351: ``Toxic gas monitoring systems that operate on-line and
dedicated detectors therefor, except those systems and detectors
controlled by ECCN 1A004.c.'' This document corrects ECCN 2B351 by
revising the heading to include the phrase that excludes systems and
detectors controlled by ECCN 1A004.c.
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 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 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
contains a collection of information subject to the requirements of the
PRA. This collection has been approved by OMB under Control Number
0694-0088 (Multi-Purpose Application), which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748. Send
comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing the
burden, to David Rostker, Office of Management and Budget (OMB), by e-
mail to 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, PO 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 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 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.
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 Willard
Fisher, Regulatory Policy Division, Bureau of Industry and Security,
U.S. Department of Commerce, Room 2705, 14th Street and Pennsylvania
Avenue, NW., Washington, DC 20230.
List of Subjects
15 CFR Part 742
Exports, Foreign trade.
15 CFR Part 774
Exports, Foreign trade, Reporting and recordkeeping requirements.
0
Accordingly, parts 742 and 774 of the Export Administration Regulations
(15 CFR parts 730-799) are amended as follows:
PART 742--[CORRECTED]
0
1. The authority citation for 15 CFR 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 October 29, 2003, 68 FR
62209, 3 CFR, 2003 Comp., p. 347; Notice of August 6, 2004, 69 FR
48763 (August 10, 2004).
Sec. 742.2 [Amended]
0
2. Section 742.2 is amended by removing the period (``.'') at the end
of paragraph (a)(3)(i) and adding a semicolon (``;'') at the end of the
paragraph.
PART 774--[CORRECTED]
0
3. The authority citation for 15 CFR part 774 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C.
287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s),
185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C.
app. 466c; 50 U.S.C. app. 5; Sec. 901-911, Pub. L. 106-387; Sec.
221, Pub. L. 107-56; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of
August 6, 2004, 69 FR 48763 (August 10, 2004).
Supplement No. 1 to Part 774 [Amended]
0
4. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing, ECCN 2B351 is
[[Page 2350]]
amended by revising the ECCN heading to read as follows:
2B351 Toxic gas monitoring systems that operate on-line and
dedicated detectors therefor, except those systems and detectors
controlled by ECCN 1A004.c.
* * * * *
Dated: January 10, 2005.
Eileen Albanese,
Director, Office of Exporter Services.
[FR Doc. 05-719 Filed 1-12-05; 8:45 am]
BILLING CODE 3510-33-P