[Federal Register: June 13, 2006 (Volume 71, Number 113)]
[Rules and Regulations]
[Page 34008-34009]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jn06-8]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 756
[Docket No. 060602146-6146-01]
RIN 0694-AD78
Authorization To Appoint Any Commerce Department Employee To Be
Appeals Coordinator in Certain Administrative Appeals
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: This rule revises Section 756.2 of the Export Administration
Regulations (EAR) to authorize the Under Secretary for Industry and
Security to designate any employee of the Department of Commerce to be
the appeals coordinator for appeals of administrative actions taken
under part 756 of the EAR. Such designation of employees from outside
the Bureau of Industry and Security shall require the concurrence of
the head of the operating unit in which that employee is employed.
Prior to publication of this rule, only a ``BIS official'' might have
been designated as appeals coordinator.
DATES: This rule is effective June 13, 2006.
FOR FURTHER INFORMATION CONTACT: William Arvin, Regulatory Policy
Division, Office of Exporter Services, warvin@bis.doc.gov, 202 482
2440.
SUPPLEMENTARY INFORMATION:
Background
Part 756 of the EAR provides the procedures for appeal of
administrative actions taken by BIS under the Export Administration Act
or the Export Administration Regulations. The procedures of part 756
apply to actions other than the issuance, amendment, revocation or
appeal of a regulation, and most enforcement actions taken under part
764 or 766 of the EAR. Part 756 authorizes the Under Secretary for
Industry and Security to designate an ``appeals coordinator to assist
in the review and processing of an appeal * * *.'' Prior to publication
of this rule, part 756 authorized the Under Secretary for Industry and
Security to designate ``any BIS official'' as appeals coordinator. This
rule authorizes the Under Secretary for Industry and Security to
designate any employee of the Department of Commerce to be the appeals
coordinator. The Under Secretary for Industry and Security must have
the concurrence of the head of the operating unit in which the employee
is employed to make such a designation of a Department of Commerce
employee who is not an employee of BIS.
The agency is making this change, which is administrative in
nature, in order to provide the Under Secretary and the Department of
Commerce with additional flexibility in allocating limited legal and
official staff resources to the review and processing of appeals under
part 756. The authority to decide appeals will remain with the Under
Secretary, in accordance with section 756.2(c)(1) of the EAR, subject
to the Under Secretary's authority to delegate that function to the
Deputy Under Secretary or another BIS official in accordance with
section 756.2(a). Moreover, this change will not affect the Under
Secretary's authority to consider recommendations or other relevant
information (from either the appeals coordinator or any other source)
in deciding appeals, in accordance with section 756.2(c)(1). Nor will
this change affect the substance of the agency's ongoing decision-
making activities.
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
[[Page 34009]]
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 et seq.) (PRA), unless that
collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This rule does not involve
any collections of information that are subject to the Paperwork
Reduction Act.
3. This rule does not contain policies with Federalism implications
as this term is defined in Executive Order 13132.
4. Pursuant to 5 U.S.C. 553, the provisions of the Administrative
Procedure Act requiring a notice of proposed rulemaking and the
opportunity for public comment are waived, because this regulation
involves a rule of agency procedure. 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 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 756
Administrative practice and procedure, Exports, Penalties.
0
Accordingly, part 756 of the Export Administration Regulations (15 CFR
parts 730-799) are amended as follows:
PART 756--[AMENDED]
0
1. The authority citation for 15 CFR part 756 continues to read:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
2, 2005, 70 FR 45273 (August 5, 2005).
0
2. Section 756.2 is amended by revising the second sentence of
paragraph (a), by adding a sentence immediately following the second
sentence of paragraph (a) and by revising paragraph (b)(4)(v) to read
as follows:
Sec. 756.2 Appeal from an administrative action.
(a) Review and appeal officials. * * * In addition, the Under
Secretary may designate any employee of the Department of Commerce to
be an appeals coordinator to assist in the review and processing of an
appeal under this part. If such employee is not an employee of BIS,
such designation may be made only with the concurrence of the head of
the operating unit in which that employee is employed. * * *
(b) * * *
(4) * * *
(v) Report. Any person designated by the Under Secretary to conduct
an informal hearing shall submit a written report containing a summary
of the hearing and recommend action to the Under Secretary.
* * * * *
Dated: June 6, 2006.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. E6-9220 Filed 6-12-06; 8:45 am]
BILLING CODE 3510-33-P