Bureau of Industry and Security, Commerce.
Final rule; correction.
This rule amends the Export Administration Regulations (EAR) by making a technical correction to the contact information for the Drug Enforcement Administration. In addition, this rule amends the EAR by making corrections inadvertently omitted in three rules previously published in the
This rule is effective April 24, 2007.
Although this is a final rule, comments are welcome and should be sent to
Steven Emme, Regulatory Policy Division, Bureau of Industry and Security, Telephone: (202) 482–2440.
This rule makes corrections to the Export Administration Regulations (EAR) as described below.
Previously, the International Chemical Control Unit and the International Drug Unit of the Drug Enforcement Administration (DEA) oversaw the import and export of listed chemicals used in the production of controlled substances. However, those units of the DEA have merged to form the Office of Diversion Control, Import-Export Unit. As such, the contact information for the DEA is updated in Supplement No. 3 to part 730. This rule removes the contact information for the International Chemical Control Unit and the International Drug Unit of the DEA and replaces them with the contact information for the “Drug Enforcement Administration, Office of Diversion Control, Import-Export Unit”. Moreover, the telephone number, fax number, and the URL for the homepage of said office of the DEA are included by inserting “Tel. (202) 307–4916, Fax: (202) 307–4702, Internet:
The August 31, 2006, final rule (71 FR 51714) implemented the rescission of Libya's designation as a state sponsor of terrorism. To reflect that change, this rule removes remaining associations between Libya and the group of terrorist supporting countries that were inadvertently not removed in the August 31, 2006, final rule. In Supplement No. 2 to Part 742, “Libya” is removed from the title of “Anti-Terrorism Controls: Iran, Libya, North Korea, Syria and Sudan Contract Sanctity Dates and Related Policies”. Moreover, “Libya” is removed from the introductory text to paragraph (27) of Supplement No. 2 to Part 742, which previously stated: “For Iran, Syria, Sudan, North Korea, or Libya a license is required for all such equipment described in ECCNs 3B001 and 3B991.”.
In regard to the November 20, 2006, final rule (71 FR 67034) imposing foreign policy controls on surreptitious communications intercepting devices, this rule corrects the heading to the Export Control Classification Number (ECCN) 5A980 for surreptitious listening devices. The heading of ECCN 5A980, which previously read as “Communications intercepting devices; and parts and accessories therefor.”, is removed and replaced with “Devices primarily useful for the surreptitious interception of wire, oral, or electronic communications; and parts and accessories therefor.”.
This rule corrects punctuation, wording, and a mislabeled citation, as well as specific ECCNs, with respect to the January 26, 2007, final rule (72 FR 3722) imposing restrictions on exports and reexports of luxury goods to North Korea. First, in § 732.3, the phrase “Cuba, Iran, Iraq, North Korea, and Rwanda” is amended in the first sentence of the introductory text of paragraph (i) to change the “and” to an “or”. Also, the introductory text to section 746.4(a) is corrected by adding a parenthesis to the end of the sentence. Moreover, the introductory text to Supplement No. 1 to part 746 is rephrased to clarify the wording and correct the citation. Thus, it reads “The following further amplifies the illustrative list of goods set forth in § 746.4(b)(1):” rather than “The following further amplifies the illustrative of list luxury goods set forth in § 746.4(c):”.
Additionally, the January 26, 2007, final rule on North Korea further omitted necessary changes to exports or reexports of machetes under ECCN 0A988 and to certain microprocessors in ECCN 3A991. This rule corrects ECCN 0A988 by including North Korea in the license requirement for machetes. As such, the third sentence under “Control(s)”, which distinguishes
For ECCN 3A991, the first of two License Requirements Notes provided for a No License Required designation for certain microprocessors with a “Composite Theoretical Performance * * * below 550 MTOPS” that are exported or reexported to North Korea. This rule corrects that oversight by removing the first License Requirements Note.
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 effect under the International Emergency Economic Powers Act.
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
3. This rule does not contain policies with Federalism implications as that term is defined under E.O. 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 the Administrative Procedure Act or by any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601
Administrative practice and procedure, Advisory committees, Exports, Reporting and recordkeeping requirements, Strategic and critical materials.
Administrative practice and procedure, Exports, Reporting and recordkeeping requirements.
Exports, Terrorism.
Exports, Reporting and recordkeeping requirements.
50 U.S.C. app. 2401
Chemicals: Drug Enforcement Administration, Office of Diversion Control, Import-Export Unit, Tel. (202) 307–4916, Fax: 202–307–4702, Internet:
Controlled Substances: Drug Enforcement Administration, Office of Diversion Control, Import-Export Unit, Tel. (202) 307–7182 or (202) 307–7181, Fax: (202) 307–7503, Internet:
Drugs and Biologics: Food and Drug Administration, Import/Export, Tel. (301) 594–3150, Fax: (301) 594–0165.
Investigational drugs permitted: Food and Drug Administration, International Affairs, Tel. (301) 443–4480, Fax: (301) 443–0235.
50 U.S.C. app. 2401
50 U.S.C. app. 2401
(c) * * *
(27)
50 U.S.C. app. 2401
The following further amplifies the illustrative list of luxury goods set forth in § 746.4(b)(1):
50 U.S.C. app. 2401