

[Federal Register: October 2, 2007 (Volume 72, Number 190)]
[Rules and Regulations]               
[Page 56010-56011]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02oc07-2]                         

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 748

[Docket No. 070824480-7482-01]
RIN 0694-AE13

 
Authorization Validated End-User: Addition of India as an 
Eligible Destination

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: In this final rule, the Bureau of Industry and Security (BIS) 
amends the Export Administration Regulations (EAR) to add India as an 
eligible destination for exports, reexports and transfers under 
Authorization Validated End-User (VEU). BIS established Authorization 
VEU in a final rule published in the Federal Register.

DATES: This rule is effective October 2, 2007. Although there is no 
formal comment period, public comments on this regulation are welcome 
on a continuing basis.

ADDRESSES: You may submit comments, identified by RIN 0694-AE13 (VEU 
India), by any of the following methods:
    E-mail: publiccomments@bis.doc.gov. Include ``RIN 0694-AE13 (VEU 
India)'' in the subject line of the message.
    Fax: (202) 482-3355. Please alert the Regulatory Policy Division, 
by calling (202) 482-2440, if you are faxing comments.
    Mail or Hand Delivery/Courier: Sheila Quarterman, U.S. Department 
of Commerce, Bureau of Industry and Security, Regulatory Policy 
Division, 14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, 
DC 20230, Attn: RIN 0694-AE13 (VEU India).
    Send comments regarding the collection of information associated 
with this rule, including suggestions for reducing the burden, 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; and to the Regulatory 

Policy Division, Bureau of Industry and Security, Department of 
Commerce, P.O. Box 273, Washington, DC 20044. Comments on this 
collection of information should be submitted separately from comments 
on the final rule (i.e. RIN 0694-AE13 (VEU India))--all comments on the 
latter should be submitted by one of the three methods outlined above.

FOR FURTHER INFORMATION CONTACT: Michael Rithmire, Chairman, End-User 
Review Committee, Bureau of Industry and Security, Department of 
Commerce, P.O. Box 273, Washington, DC 20044; by telephone (202) 482-
6105; or by e-mail to mrithmir@bis.doc.gov.

SUPPLEMENTARY INFORMATION:

Background

    BIS amended the EAR in a final rule on June 19, 2007 (72 FR 33646) 
by creating a new authorization for ``validated end-users'' (VEUs) 
located in eligible destinations to which eligible items (commodities, 
software and technology, except those controlled for missile technology 
or crime control reasons) may be exported, reexported or transferred 
without a license. This authorization is set forth in section 748.15 of 
the EAR. This final rule designates India in section 748.15 of the EAR 
as an eligible destination for exports, reexports and transfers under 
Authorization VEU.
    Designating India as an eligible destination under Authorization 
VEU builds upon the advances made in the U.S.-India High Technology 
Cooperation Group (HTCG) and the Next Steps in Strategic Partnership 
(NSSP). Excellent cooperation in these fora has enabled the United 
States to reduce controls on the export of certain dual-use items to 
India. Making India a destination eligible for Authorization VEU is the 
logical next step in U.S.-

[[Page 56011]]

India bilateral collaboration in high-technology trade.
    Authorization VEU is intended to further streamline U.S.-India 
trade in dual-use technologies. It will authorize the export, reexport 
and transfer of certain controlled U.S. technology without a license to 
end-users engaged in civilian end-uses in India who have demonstrated 
their ability to use sensitive items responsibly. As India continues to 
demonstrate its commitment to harmonize its export controls with those 
of the major multilateral control regimes, BIS anticipates that more 
end-users and items will be approved for Authorization VEU.
    This final rule amends paragraph (b) of section 748.15 of the EAR 
to add India as an eligible destination for exports, reexports and 
transfers of dual-use items under Authorization VEU.
    Since August 21, 2001, the Export Administration Act has been in 
lapse and the President, through Executive Order 13222 of August 17, 
2001 (3 CFR, 2001 Comp., p. 783 (2002)), as extended most recently by 
the Notice of August 15, 2007 (72 FR 46137, August 16, 2007), has 
continued the EAR in effect under the International Emergency Economic 
Powers Act. BIS continues to carry out the provisions of the Act, as 
appropriate and to the extent permitted by law, pursuant to Executive 
Order 13222.

Rulemaking

    1. This final 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 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 regulation involves 
collections previously approved by the 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; and for 
recordkeeping, reporting and review requirements in connection with 
Authorization Validated End-User, which carries an estimated burden of 
30 minutes per submission. This rule is expected to result in a 
decrease in license applications submitted to BIS. Total burden hours 
associated with the Paperwork Reduction Act and Office and Management 
and Budget control number 0694-0088 are not expected to increase 
significantly as a result of this rule.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under Executive Order 13132.
    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 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 et seq.) are not applicable. Therefore, this regulation is issued 
in final form. Although there is not formal comment period, public 
comments on this regulation are welcome on a continuing basis. Comments 
should be submitted to Sheila Quarterman, Regulatory Policy Division, 
Bureau of Industry and Security, Department of Commerce, P.O. Box 273, 
Washington, DC 20044.

List of Subjects in 15 CFR Part 748

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements.

0
Accordingly, part 748 of the Export Administration Regulations (15 CFR 
Parts 730-799) is amended as follows:

PART 748--[AMENDED]

0
1. The authority citation for 15 CFR Part 748 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
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); Notice of August 15, 2007, 72 FR 46137 
(August 16, 2007).


0
2. Section 748.15 is amended by adding paragraph (b)(2) to read as 
follows:


Sec.  748.15  Authorization Validated End-User (VEU).

* * * * *
    (b) * * *
    (2) India.
* * * * *

    Dated: September 25, 2007.
Christopher A. Padilla,
Assistant Secretary for Export Administration.
[FR Doc. E7-19359 Filed 10-1-07; 8:45 am]

BILLING CODE 3510-33-P
