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3944 Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 / Rules and Regulations
‘‘Department of Justice Regulations (27 to respond to, nor shall any person be List of Subjects
CFR 478.115(d))’’. subject to a penalty for failure to comply
In § 748.2 (Obtaining Forms; Mailing 15 CFR Part 700
with a collection of information, subject
Addresses), this rule corrects the contact to the requirements of the Paperwork Administrative practice and
information listed, in the unassigned Reduction Act, unless that collection of procedure, Business and industry,
paragraph of paragraph (a), for the information displays a currently valid Government contracts, National defense,
Bureau of Industry and Security in San Office of Management and Budget Reporting and recordkeeping
Jose, California. The updated contact Control Number. This rule contains a requirements, Strategic and critical
information for this office is ‘‘Bureau of collection of information subject to the materials.
Industry and Security, U.S. Department Paperwork Reduction Act of 1980 (44 15 CFR Part 730
of Commerce, 96 North 3rd Street, Suite U.S.C. 3501 et seq.). This collection has
250, San Jose, CA 95112 ; Tel: (408) been approved by the Office of Administrative practice and
291–4212; Fax: (408) 291–4320’’. To Management and Budget under control procedure, Advisory committees,
conform with this change made in number 0694–0088, ‘‘Multi-Purpose Exports, Reporting and recordkeeping
§ 748.2(a), this rule also corrects § 730.8 Application,’’ which carries a burden requirements, Strategic and critical
(How to proceed and where to get help), hour estimate of 58 minutes for a materials.
in paragraph (c), by correcting that same manual or electronic submission. Send 15 CFR Part 734
reference to the Bureau of Industry and comments regarding these burden Administrative practice and
Security in San Jose, California. Also in estimates or any other aspect of these procedure, Exports, Inventions and
§ 748.2, this rule corrects the zip code collections of information, including patents, Research, Science and
listed for the Bureau of Industry and suggestions for reducing the burden, to technology.
Security in the second sentence of David Rostker, OMB Desk Officer, by e-
paragraph (c) by removing the zip code mail at david_roskter@omb.eop.gov or 15 CFR Part 740 and 758
‘‘20044’’ and adding the correct zip code by fax to (202) 395–7285; and to the Administrative practice and
‘‘20230’’. Regulatory Policy Division, Bureau of procedure, Exports, Reporting and
In § 758.5 (Conformity of Documents Industry and Security, Department of recordkeeping requirements.
and Unloading of Items), this rule Commerce, P.O. Box 273, Washington,
corrects the e-mail address listed in DC 20044. 15 CFR Part 748
paragraph (e)(2)(ii) for the Regulatory 3. This rule does not contain policies Exports, Reporting and recordkeeping
Policy Division. The correct e-mail with Federalism implications as that requirements.
address, which this rule adds to that term is defined under E.O. 13132.
paragraph, is ‘‘rpd2@bis.doc.gov’’. 15 CFR Part 762
4. The Department finds that there is
In § 762.6 (Period of Retention), this good cause under 5 U.S.C. 553 (b)(B) to Administrative practice and
rule corrects an outdated EAR reference waive the provisions of the procedure, Business and industry,
in paragraph (b) that, prior to Administrative Procedure Act requiring Confidential business information,
publication of this rule, had directed the prior notice and the opportunity for Exports, Reporting and recordkeeping
public to § 765.5(c)(4)(ii) for records public comment because it is requirements.
pertaining to voluntary disclosures. The unnecessary. The revisions made by this ■ Accordingly, parts 730, 734, 740, 748,
correct EAR reference, which this rule rule are administrative in nature and do 758 and 762 of the Export
adds to that sentence, is § 764.5(c)(4)(ii). not affect the rights and obligations of Administration Regulations (15 CFR
This rule also makes the following parts 730–799) and part 700 of the
the public. Because these revisions are
correction to the Defense Priorities and Defense Priorities and Allocations
not substantive changes to the EAR and
Allocations System (DPAS) Regulation: System (DPAS) Regulation (15 CFR part
In Schedule I to Part 700—Approved to the DPAS, it is unnecessary to
provide notice and opportunity for 700) are amended as follows:
Programs and Delegate Agencies, there
is a typographical error in the form of public comment. In addition, the 30-day
delay in effectiveness required by U.S.C. PART 700—[CORRECTED]
the word ‘‘and’’ in the N5 Approved
Program description. This rule corrects 553(d) is not applicable because this ■ 1. The authority citation for 15 CFR
the N5 Approved Program description rule is not a substantive rule. No other part 700 continues to read as follows:
to read ‘‘Domestic counter-terrorism, law requires that a notice of proposed Authority: Titles I and VII of the Defense
including law enforcement.’’ rulemaking and an opportunity for Production Act of 1950, as amended (50
Although the Export Administration public comment be given for this rule. U.S.C. App. 2061, et seq.), Title VI of the
Act expired on August 20, 2001, the Because notice of proposed Robert T. Stafford Disaster Relief and
President, through Executive Order rulemaking and opportunity for public Emergency Assistance Act (42 U.S.C. 5195, et
comment are not required to be given seq.), Executive Order 12919, 59 FR 29525,
13222 of August 17, 2001, 3 CFR, 2001 3 CFR, 1994 Comp. 901, and Executive Order
Comp., p. 783 (2002), as extended by the for this rule under the Administrative
Procedure Act or by any other law, the 13286, 68 FR 10619, 3 CFR, 2003 Comp. 166;
Notice of August 3, 2006, (71 FR 44551 section 18 of the Selective Service Act of
(August 7, 2006), has continued the analytical requirements of the 1948 (50 U.S.C. App. 468), 10 U.S.C. 2538,
Export Administration Regulations in Regulatory Flexibility Act (5 U.S.C. 601 50 U.S.C. 82, and Executive Order 12742, 56
effect under the International et seq.) are not applicable. Therefore, FR 1079, 3 CFR, 1991 Comp. 309; and
Emergency Economic Powers Act (50 this regulation is issued in final form. Executive Order 12656, 53 FR 226, 3 CFR,
U.S.C. 1701–1706 (2000)) (IEEPA). Although there is no formal comment 1988 Comp. 585.
period, public comments on this
Rulemaking Requirements Schedule I to Part 700 [Amended]
regulation are welcome on a continuing
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This final rule has been determined to basis. Comments should be submitted to ■ 2. In Schedule I to Part 700—
be not significant for purposes of E.O. Timothy Mooney, Office of Exporter Approved Programs and Delegate
12866. Services, Bureau of Industry and Agencies, under the ‘‘Approved
2. Notwithstanding any other Security, Department of Commerce, P.O. program’’ column, correct ‘‘Domestic
provision of law, no person is required Box 273, Washington, DC 20044. and counter-terrorism, including law
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Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 / Rules and Regulations 3945
enforcement’’ to read ‘‘Domestic § 734.2 Important EAR terms and * * * (See § 748.8(d) and Supplement
counter-terrorism, including law principles. No. 2 to Part 748 paragraph (d) of the
enforcement’’. * * * * * EAR for licensing of multiple gift
(b) * * * parcels).
PART 730—[AMENDED] (8) * * * These destinations are listed * * * * *
in Schedule C, Classification Codes and
■ 3. The authority citation for 15 CFR ■ 10. Section 740.14 is amended by
Descriptions for U.S. Export Statistics,
part 730 continues to read as follows: revising paragraph (e)(2) to read as
issued by the Bureau of the Census.
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. ■ 7. Supplement No. 2 to part 734 is § 740.14 Baggage (BAG).
7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151 note, amended by revising paragraph (b)(5) to * * * * *
Pub. L. 108–175; 22 U.S.C. 3201 et seq.; 22
read as follows: (e) * * *
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;
(2) A nonresident alien leaving the
Supplement No. 2 to Part 734— United States may export or reexport
46 U.S.C. app. 466c; 50 U.S.C. app. 5; Sec. Calculation of Values for De Minimis
901–911, Pub. L. 106–387; Sec. 221, Pub. L. under this License Exception only such
Rules shotguns and shotgun shells as he or she
107–56; E.O. 11912, 41 FR 15825, 3 CFR,
1976 Comp., p. 114; E.O. 12002, 42 FR 35623, * * * * * brought into the United States under the
3 CFR, 1977 Comp., p. 133; E.O. 12058, 43 (b) * * * provisions of the Department of Justice
FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. (5) Report and wait. If you have not Regulations (27 CFR 478.115(d)).
12214, 45 FR 29783, 3 CFR, 1980 Comp., p. been contacted by BIS concerning your * * * * *
256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 report within thirty days after filing the
Comp., p. 608; E.O. 12854, 58 FR 36587, 3 report with BIS, you may rely upon the
CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR
PART 748—[AMENDED]
calculations in your report and the de
28205, 3 CFR, 1994 Comp., p. 899; E.O.
minimis exclusions for software and ■ 11. The authority citation for 15 CFR
12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 technology for so long as you are not part 748 continues to read as follows:
Comp., p. 356; E.O. 12981, 60 FR 62981, 3 contacted by BIS. BIS may contact you Authority: 50 U.S.C. app. 2401 et seq.; 50
CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR concerning your report to inquire of you U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767,
54079, 3 CFR, 1996 Comp., p. 219; E.O. further or to indicate that BIS does not 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
13026, 61 FR 58767, 3 CFR, 1996 Comp., p. accept the assumptions or rationale for FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 your calculations. If you receive such a of August 3, 2006, 71 FR 44551 (August 7,
Comp., p.208; E.O. 13222, 66 FR 44025, 3 contact or communication from BIS, you 2006).
CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR may not rely upon the de minimis
49079, 3 CFR, 2001 Comp., p. 786; E.O. ■ 12. Section 748.2 is amended:
13338, 69 FR 26751, May 13, 2004; Notice of
exclusions for software and technology ■ a. By revising the undesignated
August 3, 2006, 71 FR 44551 (August 7, in § 734.4 of this part until BIS has paragraph at the end of paragraph (a) for
2006); Notice of October 27, 2006, 71 FR indicated whether or not you may do so the ‘‘U.S. Export Assistance Center’’;
64109 (October 31, 2006). in the future. You must include in your and
report the name, title, address, ■ b. By revising paragraph (c) to read as
■ 4. Section 730.8 is amended by telephone number, and facsimile follows:
revising the undesignated paragraph at number of the person BIS may contact
the end of paragraph (c) for the ‘‘U.S. concerning your report. Please submit § 748.2 Obtaining forms; mailing
Export Assistance Center’’ to read as your report to: addresses.
follows: (i) E-mail: rpd2@bis.doc.gov; (a) * * *
(ii) Fax: (202) 482–3355; or Bureau of Industry and Security, U.S.
§ 730.8 How to proceed and where to get (iii) Mail or Hand Delivery/Courier: Department of Commerce, 96 North 3rd
help.
Regulatory Policy Division, U.S. Street, Suite 250, San Jose, CA 95112,
* * * * * Department of Commerce, Bureau of Tel: (408) 291–4212, Fax: (408) 291–
(c) * * * Industry and Security, Regulatory Policy 4320.
Bureau of Industry and Security, U.S. Division, 14th and Pennsylvania (b) * * *
Department of Commerce, 96 North 3rd Avenue, NW., Room 2705, Washington, (c) All applications should be mailed
Street, Suite 250, San Jose, CA 95112, DC 20230. to the following address, unless
Tel: (408) 291–4212, Fax: (408) 291– otherwise specified: Bureau of Industry
4320. PART 740—[AMENDED] and Security, U.S. Department of
Commerce, P.O. Box 273, Washington,
PART 734—[AMENDED] ■ 8. The authority citation for 15 CFR DC 20044. If you wish to submit your
part 740 continues to read as follows: application using an overnight courier,
■ 5. The authority citation for 15 CFR Authority: 50 U.S.C. app. 2401 et seq.; 50 use the following address: Bureau of
part 734 is revised to read as follows: U.S.C. 1701 et seq.; Sec. 901–911, Pub. L. Industry and Security, U.S. Department
Authority: 50 U.S.C. app. 2401 et seq.; 50 106–387; E.O. 13026, 61 FR 58767, 3 CFR, of Commerce, 14th Street and
U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
Pennsylvania Avenue, NW., Room 2705,
3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 Washington, DC 20230, Attn:
FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 3, 2006, 71 FR 44551 (August 7, 2006).
‘‘Application Enclosed’’. BIS will not
13026, 61 FR 58767, 3 CFR, 1996 Comp., p. ■ 9. Section 740.12 is amended by
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
accept applications sent C.O.D.
revising the last sentence of Note to
Comp., p. 783; Notice of August 3, 2006, 71
FR 44551 (August 7, 2006); Notice of October paragraph (a) to read as follows: PART 758—[AMENDED]
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27, 2006, 71 FR 64109 (October 31, 2006). § 740.12 Gift Parcels and Humanitarian ■ 13. The authority citation for 15 CFR
Donations (GFT). part 758 is revised to read as follows:
■ 6. Section 734.2 is amended by
revising the last sentence of paragraph (a) * * * Authority: 50 U.S.C. app. 2401 et seq.; 50
(b)(8) to read as follows: Note to paragraph (a) of this section: U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
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3946 Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 / Rules and Regulations
3 CFR, 2001 Comp., p. 783; Notice of August the grievance procedure for clients and recommended to the Board that a
3, 2006, 71 FR 44551 (August 7, 2006). applicants and add clarity and rulemaking to consider revision of Part
■ 14. Section 758.5 is amended by flexibility in the application of the 1621 was still appropriate. The Board of
revising paragraph (e)(2)(ii) to read as requirements for hotline and other Directors agreed and on October 29,
follows: programs serving large and widely 2005, the Board of Directors directed
dispersed geographic areas. that LSC initiate a rulemaking to
§ 758.5 Conformity of documents and DATES: This final rule becomes effective consider revisions to LSC’s regulation
unloading of items. on February 28, 2007. on client grievance procedures, 45 CFR
* * * * * FOR FURTHER INFORMATION CONTACT: Part 1621. The Board further directed
(e) * * * Mattie Cohan, Senior Assistant General that LSC convene a Rulemaking
(2) * * * Counsel, Office of Legal Affairs, Legal Workshop and report back to the
(ii) Contact information. U.S. Operations & Regulations Committee
Services Corporation, 3333 K Street,
Department of Commerce, Bureau of prior to the development of any Notice
NW., Washington DC 20007; 202–295–
Industry and Security, Office of of Proposed Rulemaking (NPRM). LSC
1624 (ph); 202–337–6519 (fax);
Exporter Services, Room 2705, 14th and convened a Rulemaking Workshop on
mcohan@lsc.gov.
Pennsylvania Avenue, NW., January 18, 2006, and provided a report
Washington, DC 20230; phone number SUPPLEMENTARY INFORMATION: to the Committee at its meeting on
202–482–0436; facsimile number 202– Background January 27, 2006. As a result of that
482–3322; and E-Mail address: Workshop and report, the Board
rpd2@bis.doc.gov. The Legal Services Corporation’s directed that LSC convene a second
(LSC) regulation on client grievance Rulemaking Workshop and report back
PART 762—[AMENDED] procedures, 45 CFR Part 1621, adopted to the Operations & Regulations
in 1977 and not amended since that Committee prior to the development of
■ 15. The authority citation for 15 CFR time, requires that LSC grant recipients any NPRM. LSC convened a second
part 762 is revised to read as follows: establish grievance procedures pursuant Rulemaking Workshop on March 23,
Authority: 50 U.S.C. app. 2401 et seq.; 50 to which clients and applicants for 2006 and provided a report to the
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, service can pursue complaints with Committee at its meeting on April 28,
3 CFR, 2001 Comp., p. 783; Notice of August recipients related to the denial of legal 2006. As a result of the second
3, 2006, 71 FR 44551 (August 7, 2006). assistance or dissatisfaction with the Workshop and report, the Board
legal assistance provided. The directed that a Draft NPRM be prepared.
■ 16. Section 762.6 is amended by
regulation is intended to help ‘‘insure The Committee considered the Draft
revising the last sentence of paragraph
that legal services programs are NPRM at its meeting of July 28, 2006
(b) to read as follows:
accountable to those whom they are and the Board approved this NPRM for
§ 762.6 Period of retention. expected to serve.’’ 42 FR 37551 (July publication and comment at its meeting
* * * * * 22, 1977). of July 29, 2006. LSC published the
(b) * * * This prohibition applies to As noted above, Part 1621 has not NPRM on August 21, 2006 (71 FR
records pertaining to voluntary been amended since its original 48501). LSC received five timely
disclosures made to BIS in accordance adoption nearly 30 years ago. A Notice comments on the NPRM.
with § 764.5(c)(4)(ii) and other records of Proposed Rulemaking (NPRM) was A draft final rule was prepared by
even if such records have been retained published in 1994 which would have Management for presentation to the
for a period of time exceeding that instituted some more specific Committee at its October 27, 2006,
required by paragraph (a) of this section. requirements for the grievance process meeting. Prior to that meeting, however,
and clarified the situations in which LSC received a request from the
Dated: January 23, 2007.
access to the grievance process is National Legal Aid and Defender
Matthew S. Borman, appropriate. However, due to significant Association (NLADA) that LSC
Deputy Assistant Secretary for Export legislative activity in 1995 and 1996, no postpone consideration of the draft final
Administration. final action was ever taken on the 1994 rule and reopen the comment period to
[FR Doc. E7–1336 Filed 1–26–07; 8:45 am] NPRM and the original regulation has allow the client community additional
BILLING CODE 3510–33–P remained in effect. time to respond to the proposed changes
As part of a staff effort in 2001 and in the rule. In response to that request,
2002 to conduct a general review of action on the draft final rule was
LEGAL SERVICES CORPORATION LSC’s regulations, the Regulations deferred and the NPRM was republished
Review Task Force found that a number for comment on November 7, 2006 (71
45 CFR Part 1621 of the issues identified in the 1994 FR 65064). LSC received three timely
NPRM remained extant. The Task Force additional comments, one from the
Client Grievance Procedures recommended in its Final Report client caucus of an LSC grantee, one
AGENCY: Legal Services Corporation. (January 2002) that Part 1621 be from the client committee of a non-LSC
ACTION: Final rule. considered a higher priority item for grantee legal services provider, and one
rulemaking. Representatives of the from the Center for Law and Social
SUMMARY: This final rule amends the grantee community agreed at that time Policy on behalf of NLADA, replacing
Legal Services Corporation’s regulation that rulemaking to revise and update CLASP/NLADA’s previously submitted
on client grievance procedures. These Part 1621 was appropriate. The Board of comments. LSC also received two late
changes are intended to improve the Directors accepted the report and placed filed comments, one from an individual
utility of the regulation for grantees and Part 1621 on its priority rulemaking list. past client of a recipient and one from
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their clients and applicants for service No action was taken on this item prior the Chairperson of the NLADA Client
in the current operating environment. In to the appointment of the current Board Policy Group.1 After consideration of
particular, the changes clarify what of Directors.
procedures are available to clients and After the appointment of the current 1 The comments from the Chairperson of the
applicants, emphasize the importance of Board of Directors, LSC Management NLADA Client Policy Group although dated
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