Export licensing: Correction,

[Federal Register: September 9, 1999 (Volume 64, Number 174)]

[Rules and Regulations]

[Page 48956]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr09se99-4]

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 774

[Docket No. 990811216-9216-01]

RIN 0694-AB81

Correction to Editorial Clarifications and Revisions to the Export Administration Regulations

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule; technical amendment.

SUMMARY: On August 30, 1999 (64 FR 47104), the Bureau of Export Administration published an interim rule revising the Export Administration Regulations (EAR) by making certain editorial revisions and clarifications. Instruction No. 16 of that regulation inadvertently removed Firearms controls from ECCN 0A984.

This regulation amends the Commerce Control List (CCL) by revising ECCN 0A984 to include Firearms controls for the entire entry.

DATES: This rule is effective August 30, 1999.

FOR FURTHER INFORMATION CONTACT: Frank J. Ruggiero, Office of Exporter Services, Bureau of Export Administration, Telephone: (202) 482-2440.

SUPPLEMENTARY INFORMATION: Although the Export Administration Act (EAA) expired on August 20, 1994, the President invoked the International Emergency Economic Powers Act and continued in effect the EAR, and to the extent permitted by law, the provisions of the EAA, as amended, in Executive Order 12924 of August 19, 1994, as extended by the President's notices of August 15, 1995 (60 FR 42767), August 14, 1996 (61 FR 42527) August 13, 1997 (62 FR 43629), August 13, 1998 (63 FR 44121), and August 10, 1999 (64 FR 44101).

Rulemaking Requirements

  1. This final rule has been determined to be not significant for the purposes of Executive Order 12866.

  2. Not withstanding any other provision of law, no person is required 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 unless that collection of information displays a current valid OMB Control Number. This rule involves collections of information subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). These collection has been approved by the Office of Management and Budget under control numbers 0694-0088, 0694-0023, and 0694-0106. There are neither additions nor subtractions to these collections due to this rule.

  3. This rule does not contain policies with Federalism implications sufficient to warrant preparation of a Federalism assessment under Executive Order 12612.

  4. The provisions of the Administrative Procedure Act requiring notice of proposed Rulemaking, the opportunity for public participation, and a delay in effective date, are inapplicable because this regulation involves a military or foreign affairs function of the United States (see 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 rule. Because a notice of proposed Rulemaking and an opportunity for public comment are not required to be given for this rule by 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 inapplicable.

    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 Frank J. Ruggiero, Office of Exporter Services, Bureau of Export Administration, Department of Commerce, P.O. Box 273, Washington, DC 20044.

    List of Subjects in 15 CFR Part 774

    Exports, Foreign trade, Reporting and recordkeeping requirements.

    Accordingly, part 774 of the Export Administration Regulations (15 CFR Parts 730-774) is amended as follows:

    PART 774--[AMENDED]

  5. The authority citation for 15 CFR Part 774 is revised 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, 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. 287c, 3201 et seq., 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a, 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; Notice of August 10, 1999, 64 FR 44101 (August 13, 1999).

  6. In Supplement No. 1 to part 774, Category 0--Nuclear Materials, Facilities, and Equipment [And Miscellaneous Items] is amended by revising ECCN 0A984 to read as follows: Supplement No. 1 to part 774--The Commerce Control List * * * * *

    0A984 Shotguns, barrel length 18 inches (45.72 cm) inches or over; buckshot shotgun shells; except equipment used exclusively to treat or tranquilize animals, and except arms designed solely for signal, flare, or saluting use; and parts, n.e.s.

    License Requirements

    Reason for Control: CC, FC, UN

    Control(s)

    Country chart

    FC applies to entire entry................ FC Column 1. CC applies to shotguns with a barrel

    CC Column 1. length greater than or equal to 18 in. (45.72 cm), but less than 24 in. (60.96 cm) or buckshot shotgun shells controlled by this entry, regardless of end-user. CC applies to shotguns with a barrel

    CC Column 2. length greater than or equal to 24 in. (60.96 cm), regardless of end-user. CC applies to shotguns with a barrel

    CC Column 3. length greater than or equal to 24 in. (60.96 cm) if for sale or resale to police or law enforcement UN applies to entire entry................ Rwanda; Federal Republic of Yugoslavia (Serbia and Montenegro).

    License Exceptions

    LVS: N/A GBS: N/A CIV: N/A

    List of Items Controlled

    Unit: $ value.

    Related Controls: This entry does not control shotguns with a barrel length of less than 18 inches (45.72 cm). (See 22 CFR part 121.) These items are subject to the export licensing authority of the Department of State, Office of Defense Trade Controls.

    Related Definitions: N/A

    Items: The list of items controlled is contained in the ECCN heading.

    Dated: September 2, 1999. Eileen Albanese, Director, Office of Exporter Services.

    [FR Doc. 99-23386Filed9-8-99; 8:45 am]

    BILLING CODE 3510-33-P

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