
[Federal Register: September 2, 2008 (Volume 73, Number 170)]
[Rules and Regulations]               
[Page 51217-51218]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02se08-2]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 738 and 740

[Docket No. 080717846-8879-01]
RIN 0694-AE34

 
Addition of Kosovo in the Export Administration Regulations

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Industry and Security (BIS) is amending the 
Export Administration Regulations (EAR) to establish export licensing 
requirements for Kosovo.

DATES: Effective Date: This rule is effective: September 2, 2008.

ADDRESSES: Although there is no formal comment period, public comments 
on this regulation are welcome on a continuing basis. You may submit 
comments, identified by RIN 0694-AE34, by any of the following methods:
     E-mail: publiccomments@bis.doc.gov. Include ``RIN 0694-
AE34'' 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: Jeffrey Lynch, 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-AE34.
    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 U.S. 
Department of Commerce, Bureau of Industry and Security, Regulatory 
Policy Division, 14th St. & Pennsylvania Avenue, NW., Room 2705, 
Washington, DC 20230. Comments on this collection of information should 
be submitted separately from comments on the final rule (i.e. RIN 0694-
AE34)--all comments on the latter should be submitted by one of the 
three methods outlined above.

FOR FURTHER INFORMATION CONTACT: Joan M. Maloney-Roberts, Foreign 
Policy Division, Office of Nonproliferation Treaty Compliance, Bureau 
of Industry and Security, Telephone: (202) 482-0171.

SUPPLEMENTARY INFORMATION: This final rule adds Kosovo to the EAR for 
export licensing purposes. The United States recognized Kosovo as a 
sovereign state on February 18, 2008. Specifically, this rule amends 
the EAR as follows:
    1. In Supplement No. 1 to part 738 of the EAR, the Commerce Country 
Chart is amended by adding ``Kosovo''.
    2. In Supplement No. 1 to part 740 of the EAR (Country Groups), 
Country Group B is amended by adding ``Kosovo''.
    3. Section 740.7(d)(1) of the EAR (Computer Tier 3 destinations) is 
amended by adding ``Kosovo'' for License Exception APP purposes.
    This rule does not amend Supplement No. 2 to part 745, ``States 
Parties to the Convention on the Prohibition of the Development, 
Production, Stockpiling, and Use of Chemical Weapons and on Their 
Destruction,'' to include Kosovo, because Kosovo is not currently a 
State Party to the Convention.
    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 most recently by the Notice of 
July 23, 2008, 72 FR 43603 (July 25, 2008), has continued the Export 
Administration Regulations in effect under the International Emergency 
Economic Powers Act.

Rulemaking Requirements

    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 et 
seq.) (PRA), unless that collection of information displays a currently 
valid Office of Management and Budget (OMB) Control Number. This rule 
contains a collection of information subject to the requirements of the 
PRA. This collection has been approved by 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. This rule is 
not expected to result in any change for collection purposes. Send 
comments regarding this burden estimate or any other aspect of this 
collection of information, including suggestions for reducing the 
burden, to David Rostker, Office of Management and Budget (OMB), and to 
the Regulatory Policy Division, Bureau of Industry and Security, 
Department of Commerce, as indicated in the ADDRESSES section of this 
rule.
    3. This rule does not contain policies with Federalism implications 
as this term is defined under Executive Order 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 (see 5 U.S.C. 553(a)(1)). Further, no 
other law requires that a notice of

[[Page 51218]]

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 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 not applicable.
    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 Jeffery 
Lynch, U.S. Department of Commerce, Bureau of Industry and Security, 
Regulatory Policy Division, 14th St. & Pennsylvania Avenue, NW., Room 
2705, Washington, DC 20230.

List of Subjects

15 CFR Part 738

    Exports.

15 CFR Part 740

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

0
Accordingly, parts 738 and 740 of the Export Administration Regulations 
(15 CFR parts 730-799) are amended as follows:

PART 738--[AMENDED]

0
1. The authority citation for 15 CFR part 738 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; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et 
seq.; 22 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; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; 
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; 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 July 23, 2008, 73 FR 43603 (July 25, 2008).


0
2. Supplement No. 1 to part 738 is amended by adding, in alphabetical 
order, a new entry for ``Kosovo'' to read as follows:

                                                                      Supplement No. 1 to Part 738--Commerce Country Chart
                                                                                      [Reason for control]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                  Chemical & biological           Nuclear        National security   Missile  Regional stability    Firearms            Crime control           Anti-terrorism
                                         weapons             nonproliferation  --------------------   tech                         convention  -------------------------------------------------
          Countries          --------------------------------------------------                    --------------------------------------------
                                CB  1     CB  2     CB  3     NP  1     NP  2     NS  1     NS  2     MT  1     RS  1     RS  2       FC  1       CC  1     CC  2     CC  3     AT  1     AT  2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                                          * * * * * * *
Kosovo......................        X         X   ........        X   ........        X         X         X         X         X   ............        X         X         X   ........  ........

                                                                                          * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

PART 740--[AMENDED]

0
3. The authority citation for 15 CFR part 740 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 7201 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 July 23, 2008, 73 FR 43603 (July 25, 2008).


0
4. In Sec.  740.7, paragraph (d)(1) is amended by adding, in 
alphabetical order, ``Kosovo''.

Supplement No. 1 to Part 740 [Amended]

0
5. In Supplement No. 1 to part 740, Country Groups, Country Group B is 
amended by adding, in alphabetical order, ``Kosovo''.

    Dated: August 26, 2008.
Christopher R. Wall,
Assistant Secretary for Export Administration.
[FR Doc. E8-20287 Filed 8-29-08; 8:45 am]

BILLING CODE 3510-33-P
