[Federal Register: November 27, 2006 (Volume 71, Number 227)]
[Rules and Regulations]
[Page 68438-68440]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27no06-5]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 738 and 740
[Docket No. 061101286-6286-01]
RIN 0694-AD85
Addition of ``Montenegro'' and ``Serbia'' as Separate Countries
in the Export Administration Regulations Based on U.S. Recognition of
Montenegro as a Sovereign State
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) to add ``Montenegro'' and
``Serbia'' as separate countries in the EAR and to establish separate
export licensing requirements for Montenegro and Serbia. BIS is taking
this action to update the EAR to reflect the United States' recognition
of Montenegro as a sovereign state by the United States.
EFFECTIVE DATE: This rule is effective November 27, 2006.
ADDRESSES: Although this is a final rule, comments are welcome and
should be sent to publiccomments@bis.doc.gov, by fax to (202) 482-3355,
or to Jeffery Lynch, Regulatory Policy Division, Bureau of Industry and
Security, Department of Commerce, P.O. Box 273, Washington, DC 20044.
Please refer to regulatory identification number (RIN) 0694-AD85 in all
comments, and in the subject line of email comments. Comments on the
collection of information should be sent 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.
FOR FURTHER INFORMATION CONTACT: Joan M. Maloney-Roberts, Foreign
Policy Division, Office of Nonproliferation Treaty Compliance, Bureau
of Industry and Security, Telephone: (202) 482-4196.
SUPPLEMENTARY INFORMATION: This final rule deletes ``Serbia and
Montenegro'' and adds ``Montenegro'' and ``Serbia'' as separate entries
on the Commerce Country Chart in Supplement No. 1 to part 738 of the
EAR for export licensing purposes. In a press release dated June 13,
2006, the U.S. Department of State announced that the United States
recognized Montenegro as a sovereign state based on an internationally
recognized May 21, 2006 referendum. See Press Release, U.S. Department
of State, U.S. Recognizes Montenegro as Independent State (June 13,
2006), available at http://www.state.gov/secretary/rm/2006/67839.htm.
Previously, the EAR referred to ``Serbia and Montenegro'' as one
country. This final rule also updates references to ``Serbia and
Montenegro'' in part 740 of the EAR to reflect Montenegro's legal
separation from the state union of Serbia and Montenegro.
Specifically, this rule amends the EAR as follows:
1. In Supplement No. 1 to part 738 of the EAR, the Commerce Country
Chart is amended by removing ``Serbia and Montenegro'' and by adding
``Montenegro'' and ``Serbia.'' This amendment does not affect any of
the license requirements indicated on the Commerce Country Chart, since
the Commerce Control List based license requirements that apply to
``Montenegro'' and ``Serbia'' are the same as those that applied to
``Serbia and Montenegro'' prior to the publication of this rule.
2. In Supplement No. 1 to part 740 of the EAR (Country Groups),
Country Group B is amended by removing ``Serbia and Montenegro'' and
adding ``Montenegro'' and ``Serbia''.
3. Section 740.7(d)(1) of the EAR (Computer Tier 3 destinations) is
amended by removing ``Serbia and Montenegro'' and adding ``Montenegro''
and ``Serbia'' for License Exception APP purposes.
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 3, 2006,
71 FR 44551 (August 7, 2006), has continued the Export Administration
Regulations in
[[Page 68439]]
effect under the International Emergency Economic Powers Act.
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 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 previously 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. This
rule is not expected to result in any change for collection purposes.
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), and to
the Regulatory Policy Division, Bureau of Industry and Security,
Department of Commerce, as indicated in the ADDRESSES section of this
rule.
3. This rule does not contain policies with Federalism implications
as this term is defined under 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
publiccomments@bis.doc.gov, by fax to (202) 482-3355, or to Jeffery
Lynch, Regulatory Policy Division, Bureau of Industry and Security,
Department of Commerce, P.O. Box 273, Washington, DC 20044.
List of Subjects
15 CFR Part 738
Administrative practice and procedure, Exports, Foreign trade.
15 CFR Part 740
Administrative practice and procedure, Exports, Foreign trade,
Reporting and recordkeeping requirements.
0
Accordingly, parts 738 and 740 of the Export Administration Regulations
(15 CFR parts 730-774) are amended as follows:
PART 738--[AMENDED]
0
1. The authority citation for 15 CFR part 738 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 3, 2006, 71 FR 44551 (August 7, 2006).
Supplement No. 1 to Part 738 [Amended]
0
2. Supplement No. 1 to Part 738 is amended by removing the entry for
``Serbia and Montenegro'' and by adding, in alphabetical order, new
entries for ``Montenegro'' and ``Serbia'' to read as follows:
Supplement No. 1 to Part 738--Commerce Country Chart
[Reason for control]
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Chemical & Biological Nuclear National Missile Regional Firearms Crime Control Anti- Terrorism
Weapons Nonproliferation Security Tech Stability Convention --------------------------------------------
Countries -------------------------------------------------------------------------------------------------------
CB 1 CB 2 CB 3 NP 1 NP 2 NS 1 NS 2 MT 1 RS 1 RS 2 FC 1 CC 1 CC 2 CC 3 AT 1 AT 2
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* * * * * * *
Montenegro.................................. X X ....... X ....... X X X X X ........... X X X ....... .......
* * * * * * *
Serbia...................................... X X ....... X ....... X X X X X ........... X X X ....... .......
* * * * * * *
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PART 740--[AMENDED]
0
3. The authority citation for 15 CFR part 740 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
Sec. 901-911, Pub. L. 106-387; 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 3, 2006, 71 FR 44551 (August 7, 2006).
Sec. 740.7 [Amended]
0
4. In Section 740.7, paragraph (d)(1) is amended by revising the phrase
``Mongolia, Morocco, Oman, Pakistan, Qatar, Russia, Serbia and
Montenegro, Saudi Arabia, Serbia Tajikistan'' to read ``Mongolia,
Montenegro, Morocco, Oman, Pakistan, Qatar, Russia, Saudi Arabia,
Serbia, Tajikistan,''.
Supplement No. 1 to Part 740 [Amended]
0
5. In Supplemental No. 1 to part 740, Country Group B is amended by
removing ``Serbia and Montenegro'' and by adding, in alphabetical
order, ``Montenegro'' and ``Serbia''.
[[Page 68440]]
Dated: November 16, 2006.
Christopher A. Padilla,
Assistant Secretary for Export Administration.
[FR Doc. 06-9414 Filed 11-24-06; 8:45 am]
BILLING CODE 3510-33-M