21MAY08 Final Rule 31 CFR Part 592

Federal Register / Vol. 73, No. 99 / Wednesday, May 21, 2008 / Rules and Regulations
2. Section 1b.19 is revised to read as
follows:

■

§ 1b.19

FOR FURTHER INFORMATION CONTACT:

Submissions.

In the event the Investigating Officer
determines to recommend to the
Commission that an entity be made the
subject of a proceeding governed by part
385 of this chapter, or that an entity be
made a defendant in a civil action to be
brought by the Commission, the
Investigating Officer shall, unless
extraordinary circumstances make
prompt Commission review necessary
in order to prevent detriment to the
public interest or irreparable harm,
notify the entity that the Investigating
Officer intends to make such a
recommendation. Such notice shall
provide sufficient information and facts
to enable the entity to provide a
response. Within 30 days of such notice,
the entity may submit to the
Investigating Officer a non-public
response, which may consist of a
statement of fact, argument, and/or
memorandum of law, with such
supporting documentation as the entity
chooses, showing why a proceeding
governed by part 385 of this chapter
should not be instituted against said
entity, or why said entity should not be
made a defendant in a civil action
brought by the Commission. If the
response is submitted by the due date,
the Investigating Officer shall present it
to the Commission together with the
Investigating Officer’s recommendation.
The Commission will consider both the
Investigating Officer’s recommendation
and the entity’s timely response in
deciding whether to take further action.
[FR Doc. E8–11315 Filed 5–20–08; 8:45 am]
BILLING CODE 6717–01–P

DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 592
Rough Diamonds Control Regulations
Office of Foreign Assets
Control, Treasury.
ACTION: Final rule.

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AGENCY:

SUMMARY: The Office of Foreign Assets
Control of the U.S. Department of the
Treasury (‘‘OFAC’’) is amending the
Rough Diamonds Control Regulations
(the ‘‘Regulations’’) to add two
requirements designed to enhance the
collection of statistics related to
importations and exportations of rough
diamonds.
DATES: Effective Date: May 21, 2008.

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Assistant Director for Policy, tel.: 202/
622–4855, Office of Foreign Assets
Control, or Chief Counsel (Foreign
Assets Control), tel.: 202/622–2410,
Office of the General Counsel,
Department of the Treasury,
Washington, DC 20220 (not toll free
numbers).
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional
information concerning the Office of
Foreign Assets Control are available
from OFAC’s Web site (http://
www.treas.gov/ofac) or via facsimile
through a 24-hour fax-on demand
service, tel.: 202/622–0077.
Background
On August 4, 2003, the Office of
Foreign Assets Control (‘‘OFAC’’)
promulgated the Rough Diamonds
Control Regulations, 31 CFR part 592
(the ‘‘Regulations’’), to implement
Executive Order 13312 (‘‘E.O. 13312’’)
of July 29, 2003. E.O. 13312 was issued
to implement the Clean Diamond Trade
Act (Pub. L. 108–19) and the
multilateral Kimberley Process
Certification Scheme for rough
diamonds (KPCS). The Regulations were
amended on September 23, 2004, to
revise certain reporting requirements
(69 FR 56936). Today, OFAC is further
amending the Regulations to enhance
the compilation of statistical data
relating to the importation and
exportation of rough diamonds.
Specifically, OFAC is amending the
Regulations by adding an additional
note to the definition of the term
Controlled through the Kimberley
Process Certification Scheme, contained
in section 592.301. Section 592.301 sets
forth requirements that apply, as
appropriate, to the importation into, or
exportation from, the United States of
any shipment of rough diamonds. The
new note to this section explains that
the U.S. Customs and Border Protection
(CBP) will not release custody of an
importation of rough diamonds, unless
the import conforms with the CBP’s
formal entry for consumption
requirements, as defined in the CBP
regulations (see 19 CFR 141.0a(f)). In
addition, OFAC is amending the
Regulations to add a new section
592.502, which requires all importers
and exporters of rough diamonds to file
an annual report with the Department of
State detailing their import, export and
stockpile information.
Public Participation
Because the amendments to the
Regulations involve a foreign affairs

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function, Executive Order 12866 and the
provisions of the Administrative
Procedure Act (5 U.S.C. 553) requiring
notice of proposed rulemaking,
opportunity for public participation,
and delay in effective date are
inapplicable. Because no notice of
proposed rulemaking is required for this
rule, the Regulatory Flexibility Act (5
U.S.C. 601–612) does not apply.
Paperwork Reduction Act
The collections of information related
to 31 CFR Part 592 are contained in 31
CFR Part 501 (the ‘‘Reporting,
Procedures and Penalties Regulations’’).
Pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3507), those
collections of information have been
approved by the Office of Management
and Budget under control number 1505–
0198. An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid control number.
List of Subjects in 31 CFR Part 592
Administrative practice and
procedure, Foreign trade, Exports,
Imports, Kimberly Process, Penalties,
Reporting and recordkeeping
requirements, Rough diamond.
For the reasons set forth in the
preamble, the Office of Foreign Assets
Control amends 31 CFR part 592 as
follows:

■

PART 592—ROUGH DIAMONDS
CONTROL REGULATIONS
1. The authority citation for part 592
continues to read as follows:

■

Authority: 3 U.S.C. 301; 31 U.S.C. 321(b);
Pub. L. 108–19, 117 Stat. 631 (19 U.S.C.
3901–3913); E.O. 13312, 68 FR 45151, 3 CFR,
2003 Comp., p. 246.

Subpart C—General Definitions
2. Amend § 592.301(b) by adding a
new Note 4 to read as follows:

■

§ 592.301 Controlled through the
Kimberley Process Certification Scheme.

*

*
*
(b) * * *

*

*

Note 4 to § 592.301: As of May 21, 2008,
any diamond, regardless of value, that is
described in subheadings 7102.10, 7102.21 or
7102.31, Harmonized Tariff Schedule of the
United States and is imported into the United
States shall not be released from the custody
of U.S. Customs and Border Protection (CBP)
except by a formal entry for consumption, as
defined in § 141.0a(f) of the CBP regulations.
See 19 CFR 141.0a(f).

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Federal Register / Vol. 73, No. 99 / Wednesday, May 21, 2008 / Rules and Regulations
Dated: May 14, 2008.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. E8–11318 Filed 5–20–08; 8:45 am]

Subpart E—Records and Reports
3. Add a new § 592.502 to read as
follows:

■

BILLING CODE 4811–45–P

§ 592.502 Annual Reports by Rough
Diamond Importers and Exporters.

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(a) Requirement for reports. Reports
shall be filed annually, by April 1 of
each year, covering the preceding
calendar year (January 1–December 31),
except the first annual report, covering
the period January 1–December 31,
2007, shall be filed by September 1,
2008.
(b) Who must report; reporting period.
All persons who import rough
diamonds into the United States or
export rough diamonds from the United
States during the reporting period
(January 1–December 31).
(c) What must be reported. The report
need not be in any specified format but
must include the following information:
(1) The contact information of the
U.S. importer or exporter, including
name, address, telephone number, fax
number, and e-mail address;
(2) Identification of total import and/
or export activity for each of the three
Harmonized Tariff Schedule
classifications of rough diamonds
during the reporting year, including:
(A) Total amount of carats of each
classification of rough diamonds
imported and/or exported; and
(B) Total of all shipments of each
classification of rough diamonds
imported and/or exported.
(3) Information on stockpiles of rough
diamonds, if any, for each of the three
Harmonized Tariff Schedule
classifications, as of the end of the
reporting year, reported in both total
carats and approximate total value. For
the purposes of this section, stockpiles
are defined as the amount of rough
diamonds held unsold at the end of the
reporting period.
(d) Where to send report. Reports
must be filed with the Office of the
Special Advisor for Conflict Diamonds,
U.S. Department of State via e-mail at
[email protected]. For
further information, please call that
office at 202/647–1713.
(e) Failure to file report. Any importer
or exporter who fails to file a required
report shall be subject to the penalties
set forth in Subpart F of this part.

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DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 706
Certifications and Exemptions Under
the International Regulations for
Preventing Collisions at Sea, 1972
Department of the Navy, DOD.
Final rule.

AGENCY:
ACTION:

SUMMARY: The Department of the Navy
is amending its certifications and
exemptions under the International
Regulations for Preventing Collisions at
Sea, 1972 (72 COLREGS), to reflect that
the Deputy Assistant Judge Advocate
General (Admiralty and Maritime Law)
has determined that USS DECATUR
(DDG 73) is a vessel of the Navy which,
due to its special construction and
purpose, cannot fully comply with
certain provisions of the 72 COLREGS
without interfering with its special
function as a naval ship. The intended
effect of this rule is to warn mariners in
waters where 72 COLREGS apply.
DATES: This rule is effective May 21,
2008 and is applicable beginning April
29, 2008.
FOR FURTHER INFORMATION CONTACT:
Commander M. Robb Hyde, JAGC, U.S.
Navy, Deputy Assistant Judge Advocate
General (Admiralty and Maritime Law),
Office of the Judge Advocate General,
Department of the Navy, 1322 Patterson
Ave., SE., Suite 3000, Washington Navy
Yard, DC 20374–5066, telephone 202–
685–5040.
SUPPLEMENTARY INFORMATION: Pursuant
to the authority granted in 33 U.S.C.
1605, the Department of the Navy
amends 32 CFR part 706.
This amendment provides notice that
the Deputy Assistant Judge Advocate
General (Admiralty and Maritime Law),
under authority delegated by the
Secretary of the Navy, has certified that
USS DECATUR (DDG 73) is a vessel of
the Navy which, due to its special
construction and purpose, cannot fully

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comply with the following specific
provisions of 72 COLREGS without
interfering with its special function as a
naval ship: Annex I, paragraph 2(f)(i)
pertaining to placement of the masthead
light or lights above and clear of all
other lights and obstructions; Annex I,
paragraph 2(f)(ii) pertaining to the
vertical placement of task lights; Annex
I, paragraph 3(a) pertaining to the
location of the forward masthead light
in the forward quarter of the vessel, and
the horizontal distance between the
forward and after masthead lights; and,
Annex I, paragraph 3(c) pertaining to
placement of task lights not less than
two meters from the fore and aft
centerline of the ship in the athwartship
direction. The Deputy Assistant Judge
Advocate General (Admiralty) has also
certified that the lights involved are
located in closest possible compliance
with the applicable 72 COLREGS
requirements.
Moreover, it has been determined, in
accordance with 32 CFR parts 296 and
701, that publication of this amendment
for public comment prior to adoption is
impracticable, unnecessary, and
contrary to public interest since it is
based on technical findings that the
placement of lights on this vessel in a
manner different from that prescribed
herein will adversely affect the vessel’s
ability to perform its military functions.
List of Subjects in 32 CFR Part 706
Marine safety, Navigation (water), and
Vessels.
■ For the reasons set forth in the
preamble, amend part 706 of title 32 of
the Code of Federal Regulations as
follows:
PART 706—CERTIFICATIONS AND
EXEMPTIONS UNDER THE
INTERNATIONAL REGULATIONS FOR
PREVENTING COLLISIONS AT SEA,
1972
1. The authority citation for part 706
continues to read:

■

Authority: 33 U.S.C. 1605.

2. Table Four, Paragraph 16 of § 706.2
is amended by removing the entry for
USS DECATUR (DDG 73).
■ 3. Table Five, of § 706.2 is amended
by revising the following entry for USS
DECATUR (DDG 73), to read as follows:
■

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