CFR Title 15 Commerce and Foreign Trade

CFR Title 15 – Commerce and Foreign Trade

CFR DataTable of FEDERAL REGISTER Activity

PublishedTypeAgenciesNameTitleExcerptFRDocPDFHTMLAbstract
PublishedTypeAgenciesNameTitleExcerptFRDocPDFHTMLAbstract
2018-06-29RuleDEPARTMENT OF COMMERCECommerce DepartmentFisheries of the Exclusive Economic Zone Off Alaska; Nontrawl Lead Level 2 ObserversNMFS issues regulations to modify specific provisions of the North Pacific Observer Program. The first two elements of this final rule implement requirements for an observer to obtain a nontrawl lead level 2 (LL2) deployment endorsement and implement a...2018-14071"https://www.gpo.gov/fdsys/pkg/FR-2018-06-29/pdf/2018-14071.pdfhttps://www.federalregister.gov/documents/2018/06/29/2018-14071/fisheries-of-the-exclusive-economic-zone-off-alaska-nontrawl-lead-level-2-observersNMFS issues regulations to modify specific provisions of the North Pacific Observer Program. The first two elements of this final rule implement requirements for an observer to obtain a nontrawl lead level 2 (LL2) deployment endorsement and implement a pre-cruise meeting requirement for vessels required to carry an observer with a nontrawl LL2 deployment endorsement. These two elements are intended to increase the number of observers that qualify for a nontrawl LL2 deployment endorsement and maintain observer safety and data quality. The third element of this final rule removes duplicative and unnecessary reporting requirements and makes minor changes to reduce observer requirements for specific vessels when participating in the Western Alaska Community Development Quota (CDQ) Program. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plan for Groundfish of the Gulf of Alaska, and the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area, and other applicable law.
2018-06-29Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentLicensing Private Remote Sensing Space SystemsCommerce is considering revisions to its regulations for the licensing of private remote sensing space systems, currently administered by NOAA. These revisions would facilitate the continued growth of this critical industry and update the regulatory...2018-14038"https://www.gpo.gov/fdsys/pkg/FR-2018-06-29/pdf/2018-14038.pdfhttps://www.federalregister.gov/documents/2018/06/29/2018-14038/licensing-private-remote-sensing-space-systemsCommerce is considering revisions to its regulations for the licensing of private remote sensing space systems, currently administered by NOAA. These revisions would facilitate the continued growth of this critical industry and update the regulatory regime to address significant technological developments, new business models, and increased foreign competition since their last update in 2006. In support of this effort, the Department through NOAA seeks public comment on substantive and procedural matters involved in commercial remote sensing licensing. Based in part on this public input, and based on a potential public meeting, the Department may draft proposed regulations and issue a Notice of Proposed Rulemaking.
2018-06-19RuleDEPARTMENT OF HOMELAND SECURITYHomeland Security DepartmentFederal Policy for the Protection of Human Subjects: Six Month Delay of the General Compliance Date of Revisions While Allowing the Use of Three Burden-Reducing Provisions During the Delay PeriodIn a final rule published on January 19, 2017, a number of federal departments and agencies revised to the Federal Policy for the Protection of Human Subjects (often referred to as the ``Common Rule''), which each department and agency adopted into...2018-13187"https://www.gpo.gov/fdsys/pkg/FR-2018-06-19/pdf/2018-13187.pdfhttps://www.federalregister.gov/documents/2018/06/19/2018-13187/federal-policy-for-the-protection-of-human-subjects-six-month-delay-of-the-general-compliance-dateIn a final rule published on January 19, 2017, a number of federal departments and agencies revised to the Federal Policy for the Protection of Human Subjects (often referred to as the ``Common Rule''), which each department and agency adopted into regulations in its part of the Code of Federal Regulations (CFR). The Consumer Product Safety Commission (CPSC) adopted the same changes in a final rule published on September 18, 2017. The revised Common Rule was scheduled to become effective on January 19, 2018, with a general compliance date of the same date. By an interim final rule issued on January 17, 2018 and published in the Federal Register on January 22, 2018, federal departments and agencies delayed the effective date and the general compliance date for the revised Common Rule for a 6-month period, until July 19, 2018. The Department of Housing and Urban Development (HUD) published an interim final rule adopting the same regulatory changes on January 26, 2018. The revised Common Rule, including technical amendments made by the January 22, 2018 interim final rule, is referred to here as the ``2018 Requirements.'' On April 20, 2018, the federal departments and agencies listed here published a notice of proposed rulemaking (NPRM) proposing and seeking comments as to whether the general compliance date for the 2018 Requirements should be delayed for an additional 6-month period. The NPRM also proposed and sought comments on whether to allow regulated entities to implement certain burden-reducing provisions of the 2018 Requirements in specified circumstances during such continued delay period. Through this final rule, we are adopting the proposals described in the April 20, 2018 NPRM. This rule delays the general compliance date for the 2018 Requirements for an additional 6-month period, until January 21, 2019. As a result of this delay, regulated entities will be required, with an exception, to continue to comply with the requirements of the pre-2018 version of the Federal Policy for the Protection of Human Subjects (the ``pre-2018 Requirements'') until January 21, 2019. The one exception to this general rule is that institutions will be permitted (but not required) to implement, for certain research, three burden-reducing provisions of the 2018 Requirements during the delay period (July 19, 2018, through January 20, 2019). Those three provisions are: The revised definition of ``research,'' which deems certain activities not to be research covered by the Common Rule; the elimination of the requirement for annual continuing review with respect to certain categories of research; and the elimination of the requirement that institutional review boards (IRBs) review grant applications or other funding proposals related to the research. Institutions taking advantage of the three-burden reducing provisions must comply with all other pre-2018 Requirements during the delay period. The three burden-reducing provisions of the 2018 Requirements can only be implemented during the delay period with respect to studies initiated prior to January 21, 2019 that will transition to compliance with the revised Common Rule. Any study that implements these three burden-reducing provisions during the delay period must, beginning on January 21, 2019, comply with all of the 2018 Requirements for the balance of the study's duration.
2018-06-06RuleDEPARTMENT OF COMMERCECommerce DepartmentUnverified List (UVL); CorrectionThe Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by correcting one (1) address for one (1) person listed on the Unverified List (UVL) and removing an extraneous name from one (1) other entry listed on...2018-12120"https://www.gpo.gov/fdsys/pkg/FR-2018-06-06/pdf/2018-12120.pdfhttps://www.federalregister.gov/documents/2018/06/06/2018-12120/unverified-list-uvl-correctionThe Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by correcting one (1) address for one (1) person listed on the Unverified List (UVL) and removing an extraneous name from one (1) other entry listed on the UVL. These omissions were inadvertent and failure to correct them would cause confusion and possibly compromise national security.
2018-06-04RuleDEPARTMENT OF COMMERCECommerce DepartmentImplementation of the February 2017 Australia Group (AG) Intersessional Decisions and the June 2017 AG Plenary Understandings; Addition of India to the AG; CorrectionThe Bureau of Industry and Security (BIS) publishes this final rule to make certain conforming changes based on the revisions to Export Control Classification Number (ECCN) 1C350 on the Commerce Control List (CCL) contained in a final rule published on...2018-11875"https://www.gpo.gov/fdsys/pkg/FR-2018-06-04/pdf/2018-11875.pdfhttps://www.federalregister.gov/documents/2018/06/04/2018-11875/implementation-of-the-february-2017-australia-group-ag-intersessional-decisions-and-the-june-2017-agThe Bureau of Industry and Security (BIS) publishes this final rule to make certain conforming changes based on the revisions to Export Control Classification Number (ECCN) 1C350 on the Commerce Control List (CCL) contained in a final rule published on April 2, 2018. That final rule amended the Export Administration Regulations (EAR) to implement the recommendations presented at the February 2017 Australia Group (AG) Intersessional Implementation Meeting, and later adopted pursuant to the AG silent approval procedure, and the recommendations made at the June 2017 AG Plenary Implementation Meeting and adopted by the AG Plenary. Among other changes, the April 2, 2018, final rule amended ECCN 1C350 by renumbering paragraphs .b through .d in alphabetical order. Following the publication of that rule, however, certain references to ECCN 1C350.c and 1C350.d in the description of items eligible under the validated end-user authorization (VEU) provisions of the EAR no longer identified the correct subparagraphs in ECCN 1C350 because the rule inadvertently failed to update the references to ECCN 1C350.c and 1C350.d in the description of eligible items for three of the validated end-users identified in Supplement No. 7 to part 748 (Authorization Validated End-User (VEU)) of the EAR. This final rule amends the VEU provisions to provide the correct references to eligible items in ECCN 1C350 for three validated end-users.
2018-05-24Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentControl of Firearms, Guns, Ammunition and Related Articles the President Determines No Longer Warrant Control Under the United States Munitions List (USML)This proposed rule describes how articles the President determines no longer warrant control under United States Munitions List (USML) Category I--Firearms, Close Assault Weapons and Combat Shotguns; Category II--Guns and Armament; and Category...2018-10367"https://www.gpo.gov/fdsys/pkg/FR-2018-05-24/pdf/2018-10367.pdfhttps://www.federalregister.gov/documents/2018/05/24/2018-10367/control-of-firearms-guns-ammunition-and-related-articles-the-president-determines-no-longer-warrantThis proposed rule describes how articles the President determines no longer warrant control under United States Munitions List (USML) Category I--Firearms, Close Assault Weapons and Combat Shotguns; Category II--Guns and Armament; and Category III--Ammunition/Ordnance would be controlled under the Commerce Control List (CCL). This proposed rule is being published simultaneously with a proposed rule by the Department of State that would revise Categories I, II, and III of the USML to describe more precisely the articles warranting continued control on that list.
2018-05-17RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions to the Unverified List (UVL)The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding thirty-three (33) persons to the Unverified List (``UVL'') and adding an additional address for one (1) person currently listed on the UVL. The...2018-10528"https://www.gpo.gov/fdsys/pkg/FR-2018-05-17/pdf/2018-10528.pdfhttps://www.federalregister.gov/documents/2018/05/17/2018-10528/revisions-to-the-unverified-list-uvlThe Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding thirty-three (33) persons to the Unverified List (``UVL'') and adding an additional address for one (1) person currently listed on the UVL. The thirty- three persons are being added to the UVL on the basis that BIS could not verify their bona fides because an end-use check could not be completed satisfactorily for reasons outside the U.S. Government's control. A new address is added for one person as BIS has determined that this person is receiving exports from the United States at an additional address.
2018-04-24RuleDEPARTMENT OF COMMERCECommerce DepartmentForeign Trade Regulations (FTR): Clarification on the Collection and Confidentiality of Kimberley Process CertificatesThe Bureau of the Census (Census Bureau) issues this final rule amending its regulations to clarify that the data collected from the Kimberley Process Certificates (KPCs) are collected in compliance with the Clean Diamond Trade Act. In addition, this...2018-08518"https://www.gpo.gov/fdsys/pkg/FR-2018-04-24/pdf/2018-08518.pdfhttps://www.federalregister.gov/documents/2018/04/24/2018-08518/foreign-trade-regulations-ftr-clarification-on-the-collection-and-confidentiality-of-kimberleyThe Bureau of the Census (Census Bureau) issues this final rule amending its regulations to clarify that the data collected from the Kimberley Process Certificates (KPCs) are collected in compliance with the Clean Diamond Trade Act. In addition, this rule clarifies the submission requirements and permissible uses of the KPCs.
2018-04-20Proposed RuleDEPARTMENT OF HOMELAND SECURITYHomeland Security DepartmentFederal Policy for the Protection of Human Subjects: Proposed Six Month Delay of the General Compliance Date While Allowing the Use of Three Burden-Reducing Provisions During the Delay PeriodIn a final rule published on January 19, 2017, federal departments and agencies made revisions to the Federal Policy for the Protection of Human Subjects (hereafter the ``2018 Requirements''). The Consumer Product Safety Commission (CPSC) adopted the...2018-08231"https://www.gpo.gov/fdsys/pkg/FR-2018-04-20/pdf/2018-08231.pdfhttps://www.federalregister.gov/documents/2018/04/20/2018-08231/federal-policy-for-the-protection-of-human-subjects-proposed-six-month-delay-of-the-generalIn a final rule published on January 19, 2017, federal departments and agencies made revisions to the Federal Policy for the Protection of Human Subjects (hereafter the ``2018 Requirements''). The Consumer Product Safety Commission (CPSC) adopted the same regulatory changes in a separate final rule published on September 18, 2017. The 2018 Requirements were scheduled to become effective on January 19, 2018, with a general compliance date of January 19, 2018 (with the exception of the revisions to the cooperative research provision). The departments and agencies listed in this document have also published an interim final rule delaying the effective date and general compliance date for the 2018 Requirements for six months, to cover the time period of January 19, 2018 until July 19, 2018. As per the interim final rule, the effective date of the 2018 Requirements is now July 19, 2018. The departments and agencies listed in this document propose delaying the general compliance date for the 2018 Requirements for an additional six months, for the time period of July 19, 2018 until January 21, 2019. This proposed rule is intended to provide additional time to regulated entities for the preparations necessary to implement the 2018 Requirements. This proposed rule, if finalized, would require regulated entities to continue to comply with the requirements of the current Federal Policy for the Protection of Human Subjects (hereafter the ``pre-2018 Requirements'') until January 21, 2019. This proposal also takes comment on whether to permit institutions to implement, for certain research studies, the following provisions in the 2018 Requirements during the period from July 19, 2018, until January 21, 2019, that the general compliance date is delayed. Those three provisions, intended to reduce burdens on regulated entities, are the 2018 Requirements' definition of ``research,'' which deems certain activities not to be research, the allowance for no annual continuing review of certain categories of research, and the elimination of the requirement that institutional review boards (IRBs) review grant applications related to the research. The way that this option is proposed, regulated entities would be required to comply with all pre- 2018 Requirements during the period that the general compliance date is delayed, except for provisions substituted by the three burden-reducing provisions of the 2018 Requirements. As described in section III, below, this flexibility is proposed only for studies for which an institution makes a choice to transition to comply with the 2018 Requirements, beginning on July 19, 2018. In order to clearly describe this proposed flexibility, including how it would impact institutions choosing to transition research to comply with the 2018 Requirements, this document proposes a redrafted transition provision.
2018-04-09RuleOFFICE OF THE UNITED STATES TRADE REPRESENTATIVETrade Representative, Office of United StatesRemoval of the Office of the United States Trade Representative Rules Concerning Classification and Safeguarding of National Security InformationThis rule removes part 2008 of the Office of the United States Trade Representative's (USTR) regulations, which established policy and procedure for the classification and safeguarding of national security information by USTR staff. USTR has replaced...2018-07220"https://www.gpo.gov/fdsys/pkg/FR-2018-04-09/pdf/2018-07220.pdfhttps://www.federalregister.gov/documents/2018/04/09/2018-07220/removal-of-the-office-of-the-united-states-trade-representative-rules-concerning-classification-andThis rule removes part 2008 of the Office of the United States Trade Representative's (USTR) regulations, which established policy and procedure for the classification and safeguarding of national security information by USTR staff. USTR has replaced the rule, which was promulgated in 1979 and is based on a superseded Executive Order, with updated plain language guidance that is available on the USTR website.
2018-04-05RuleDEPARTMENT OF COMMERCECommerce DepartmentReclassification of Targets for the Production of Tritium and Related Development and Production Technology Initially Classified Under the 0Y521 SeriesIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to impose a license requirement on exports and reexports of specified target assemblies and components for the production of tritium under new...2018-06985"https://www.gpo.gov/fdsys/pkg/FR-2018-04-05/pdf/2018-06985.pdfhttps://www.federalregister.gov/documents/2018/04/05/2018-06985/reclassification-of-targets-for-the-production-of-tritium-and-related-development-and-productionIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to impose a license requirement on exports and reexports of specified target assemblies and components for the production of tritium under new Export Control Classification Number (ECCN) 1A231, and for the related ``production'' technology for 1A231 commodities covered under ECCNs 1E001 and 1E201. The items identified in this rule are controlled for nuclear nonproliferation (NP) Column 1 and anti-terrorism (AT) Column 1 reasons. These new classifications are the result of a U.S. Government proposal submitted and agreed to by members of the relevant multilateral regime, the Nuclear Suppliers Group (NSG), in June 2017. This final rule, as required under the 0Y521 procedure and in fulfillment of multilateral commitments, implements the multilateral control for the items adopted by the NSG.
2018-04-02RuleDEPARTMENT OF COMMERCECommerce DepartmentImplementation of the February 2017 Australia Group (AG) Intersessional Decisions and the June 2017 AG Plenary Understandings; Addition of India to the AGThe Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to implement the recommendations presented at the February 2017 Australia Group (AG) Intersessional Implementation Meeting, and...2018-06581"https://www.gpo.gov/fdsys/pkg/FR-2018-04-02/pdf/2018-06581.pdfhttps://www.federalregister.gov/documents/2018/04/02/2018-06581/implementation-of-the-february-2017-australia-group-ag-intersessional-decisions-and-the-june-2017-agThe Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to implement the recommendations presented at the February 2017 Australia Group (AG) Intersessional Implementation Meeting, and later adopted pursuant to the AG silent approval procedure, and the recommendations made at the June 2017 AG Plenary Implementation Meeting and adopted by the AG Plenary. This rule amends the following Export Control Classification Numbers (ECCNs) on the Commerce Control List (CCL) to reflect the February 2017 Intersessional Implementation Meeting recommendations that were adopted by the AG: ECCN 2B350 (by adding certain prefabricated repair assemblies, and specially designed components therefor, that are designed for attachment to glass-lined reaction vessels, reactors, storage tanks, containers or receivers controlled by this entry); ECCN 2B351 (by clarifying that toxic gas monitoring equipment includes toxic gas monitors and monitoring systems, as well as their dedicated detecting components); and ECCN 2B352 (by adding certain nucleic acid assemblers and synthesizers to this entry and clarifying how the capacity of certain fermenters should be measured for purposes of determining whether they are controlled under this entry). Consistent with the June 2017 AG Plenary Implementation Meeting recommendations that were adopted by the AG, this rule amends the following ECCNs on the CCL: ECCN 1C353 (to clarify that genetically modified organisms include organisms in which the nucleic acid sequences have been created or altered by deliberate molecular manipulation and that inactivated organisms containing recoverable nucleic acids are considered to be genetic elements) and ECCN 1C350 (by adding N,N-Diisopropylamino ethanethiol hydrochloride). This rule also corrects several typographical errors in a note to ECCN 1C351 and updates the advance notification requirements in the EAR that apply to certain exports of saxitoxin. Finally, this rule amends the EAR to reflect the addition of India as a participating country in the AG.
2018-03-22RuleDEPARTMENT OF COMMERCECommerce DepartmentAddition of Certain Persons to the Entity List and Removal of Certain Persons From the Entity List; Correction of License RequirementsThis final rule amends the Export Administration Regulations (EAR) by adding twenty-three persons to the Entity List. These twenty- three persons have been determined by the U.S. Government to be acting contrary to the national security or foreign...2018-05789"https://www.gpo.gov/fdsys/pkg/FR-2018-03-22/pdf/2018-05789.pdfhttps://www.federalregister.gov/documents/2018/03/22/2018-05789/addition-of-certain-persons-to-the-entity-list-and-removal-of-certain-persons-from-the-entity-listThis final rule amends the Export Administration Regulations (EAR) by adding twenty-three persons to the Entity List. These twenty- three persons have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States and will be listed on the Entity List under the destinations of Pakistan, Singapore and South Sudan. This rule also removes one person under the destination of Ecuador and one person under the destination of the United Arab Emirates (U.A.E.) from the Entity List. Both removals are the result of requests for removal received by BIS pursuant to the section of the EAR used for requesting removal or modification of an Entity List entry and a review of information provided in the removal requests. Lastly, this rule corrects the license requirement for twelve entities that were added under the destination of Russia as part of a recent BIS rule.
2018-03-19RuleDEPARTMENT OF COMMERCECommerce DepartmentRequirements for Submissions Requesting Exclusions From the Remedies Instituted in Presidential Proclamations Adjusting Imports of Steel Into the United States and Adjusting Imports of Aluminum Into the United States; and the Filing of Objections to Submitted Exclusion Requests for Steel and AluminumThis interim final rule amends the National Security Industrial Base Regulations to add two new supplements. The new supplements set forth the process for how parties in the United States may submit requests for exclusions from actions taken by the...2018-05761"https://www.gpo.gov/fdsys/pkg/FR-2018-03-19/pdf/2018-05761.pdfhttps://www.federalregister.gov/documents/2018/03/19/2018-05761/requirements-for-submissions-requesting-exclusions-from-the-remedies-instituted-in-presidentialThis interim final rule amends the National Security Industrial Base Regulations to add two new supplements. The new supplements set forth the process for how parties in the United States may submit requests for exclusions from actions taken by the President (``exclusion requests'') to protect national security from threats resulting from imports of specified articles. The new supplements also set forth the requirements and process for how parties in the United States may submit objections to the granting of an exclusion request. The supplements are being added to implement Presidential Proclamations 9704 and 9705 of March 8, 2018 (``Proclamations''), adjusting imports of steel articles identified in Proclamation 9705 (``steel'') and aluminum articles identified in Proclamation 9704 (``aluminum'') through the imposition of duties so that imports of steel articles and aluminum articles will no longer threaten to impair the national security. As set forth in the Proclamations, the President concurred with the findings of the Secretary of Commerce (``Secretary'') in two reports to the President on the investigations under section 232 of the Trade Expansion Act of 1962, as amended, of the effect of imports of steel and aluminum, respectively, on the national security of the United States. The Proclamations authorize the Secretary to grant exclusions from the duties upon request of affected parties if the steel or aluminum articles are determined not to be produced in the United States in a sufficient and reasonably available amount or of a satisfactory quality or based upon specific national security considerations. The President directed the Secretary to promulgate regulations as may be necessary to set forth the procedures for an exclusion process.
2018-03-01Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentPlan for Periodic Review of RegulationsRegulatory Flexibility Act (RFA) section 610 requires that NOAA Office of National Marine Sanctuaries (ONMS) periodically review existing regulations that have a significant economic impact on a substantial number of small entities, such as small...2018-04178"https://www.gpo.gov/fdsys/pkg/FR-2018-03-01/pdf/2018-04178.pdfhttps://www.federalregister.gov/documents/2018/03/01/2018-04178/plan-for-periodic-review-of-regulationsRegulatory Flexibility Act (RFA) section 610 requires that NOAA Office of National Marine Sanctuaries (ONMS) periodically review existing regulations that have a significant economic impact on a substantial number of small entities, such as small businesses, small organizations, and small governmental jurisdictions. This plan describes how ONMS will perform this review and describes the regulations proposed for review in 2018.
2018-02-20RuleFEDERAL TRADE COMMISSIONFederal Trade CommissionDelegation of Limited AuthorityThe Federal Trade Commission is publishing a rule that delegates certain limited functions where the Commission is unable to act because it lacks a quorum. The functions delegated are those in which no party or intervenor has a right to petition the...2018-03296"https://www.gpo.gov/fdsys/pkg/FR-2018-02-20/pdf/2018-03296.pdfhttps://www.federalregister.gov/documents/2018/02/20/2018-03296/delegation-of-limited-authorityThe Federal Trade Commission is publishing a rule that delegates certain limited functions where the Commission is unable to act because it lacks a quorum. The functions delegated are those in which no party or intervenor has a right to petition the agency for discretionary review or in which a party or intervenor has waived such a right. In matters in which at least one Commissioner determines to participate, the delegation is made to the participating Commissioner or to the body of Commissioners who are participating. In matters in which no Commissioner is participating, the General Counsel has authority to carry out the delegated functions. This delegation is not intended to alter or affect existing delegations to Commission staff.
2018-02-16RuleDEPARTMENT OF COMMERCECommerce DepartmentRussian Sanctions: Addition of Certain Entities to the Entity ListThe Bureau of Industry and Security (BIS) with this final rule amends the Export Administration Regulations (EAR) by adding twenty-one entities to the Entity List. The twenty-one entities that are added to the Entity List have been determined by the...2018-03234"https://www.gpo.gov/fdsys/pkg/FR-2018-02-16/pdf/2018-03234.pdfhttps://www.federalregister.gov/documents/2018/02/16/2018-03234/russian-sanctions-addition-of-certain-entities-to-the-entity-listThe Bureau of Industry and Security (BIS) with this final rule amends the Export Administration Regulations (EAR) by adding twenty-one entities to the Entity List. The twenty-one entities that are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. BIS is taking this action to ensure the efficacy of existing sanctions on the Russian Federation (Russia) for violating international law and fueling the conflict in eastern Ukraine. These entities will be listed on the Entity List under the destinations of Georgia, Poland and Russia.
2018-02-12Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentRequest for Public Comments Regarding Controls on Energetic Materials, Armored and Protective “Equipment” and Military ElectronicsThe Bureau of Industry and Security (BIS), Department of Commerce, is seeking public comments to perform a complementary review of items on the Commerce Control List concurrent with the Department of State's review of the controls implemented in its...2018-02496"https://www.gpo.gov/fdsys/pkg/FR-2018-02-12/pdf/2018-02496.pdfhttps://www.federalregister.gov/documents/2018/02/12/2018-02496/request-for-public-comments-regarding-controls-on-energetic-materials-armored-and-protectiveThe Bureau of Industry and Security (BIS), Department of Commerce, is seeking public comments to perform a complementary review of items on the Commerce Control List concurrent with the Department of State's review of the controls implemented in its recent revisions of parts of the United States Munitions List (which control explosives and energetic materials, propellants, incendiary agents and their constituents; personal protective equipment; and military electronics), to ensure that the descriptions of these items on the CCL are clear, items for normal commercial use are not inadvertently controlled as military items on the USML, technological developments are accounted for on the control lists, and controls properly implement the national security and foreign policy objectives of the United States. This Notice of Inquiry also furthers the regulatory reform agenda directed by the President in Executive Order 13777.
2018-02-06Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentPublic Information, Freedom of Information Act and Privacy Act RegulationsThis rulemaking proposes revisions to the Department of Commerce's (Department) regulations under the Freedom of Information Act (FOIA) and Privacy Act. The FOIA regulations are being revised to clarify, update and streamline the language of several...2018-02039"https://www.gpo.gov/fdsys/pkg/FR-2018-02-06/pdf/2018-02039.pdfhttps://www.federalregister.gov/documents/2018/02/06/2018-02039/public-information-freedom-of-information-act-and-privacy-act-regulationsThis rulemaking proposes revisions to the Department of Commerce's (Department) regulations under the Freedom of Information Act (FOIA) and Privacy Act. The FOIA regulations are being revised to clarify, update and streamline the language of several procedural provisions, including methods for submitting FOIA requests and appeals and the time limits for filing an administrative appeal, and to incorporate certain changes brought about by the amendments to the FOIA under the FOIA Improvement Act of 2016. Additionally, the FOIA regulations are being updated to reflect developments in the case law.
2018-02-02RuleDEPARTMENT OF COMMERCECommerce DepartmentInternational Services Surveys: BE-120 Benchmark Survey of Transactions in Selected Services and Intellectual Property With Foreign PersonsThis final rule amends regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to set forth the reporting requirements for the mandatory BE-120 Benchmark Survey of Transactions in Selected Services and Intellectual Property with...2018-02065"https://www.gpo.gov/fdsys/pkg/FR-2018-02-02/pdf/2018-02065.pdfhttps://www.federalregister.gov/documents/2018/02/02/2018-02065/international-services-surveys-be-120-benchmark-survey-of-transactions-in-selected-services-andThis final rule amends regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to set forth the reporting requirements for the mandatory BE-120 Benchmark Survey of Transactions in Selected Services and Intellectual Property with Foreign Persons. This survey applies to the 2017 fiscal reporting year. The benchmark survey covers the universe of transactions in selected services and intellectual property and is BEA's most comprehensive survey of such transactions. For the 2017 benchmark survey, BEA is making changes to the reporting requirements of the survey, the data items collected, and the design of the survey form to satisfy changing data needs and to improve data quality and the effectiveness and efficiency of data collections.
2018-01-26RuleDEPARTMENT OF COMMERCECommerce DepartmentAddition of Certain Entities; Removal of Certain Entities; and Revisions of Entries on the Entity ListThis rule amends the Export Administration Regulations (EAR) by adding twenty-one persons under twenty-three entries to the Entity List. The twenty-one persons who are added to the Entity List have been determined by the U.S. Government to be acting...2018-01332"https://www.gpo.gov/fdsys/pkg/FR-2018-01-26/pdf/2018-01332.pdfhttps://www.federalregister.gov/documents/2018/01/26/2018-01332/addition-of-certain-entities-removal-of-certain-entities-and-revisions-of-entries-on-the-entity-listThis rule amends the Export Administration Regulations (EAR) by adding twenty-one persons under twenty-three entries to the Entity List. The twenty-one persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These twenty-one persons will be listed on the Entity List under the destinations of Bulgaria, China, Kazakhstan, Russia, Syria, and the United Arab Emirates (U.A.E.). In addition, this rule amends the EAR by removing three entities from the Entity List. This rule removes one entity listed under the destination of Taiwan and two entities listed under the destination of the U.A.E. from the Entity List. All three of the removals are the results of requests for removal received by BIS pursuant to the section of the EAR used for requesting removal or modification of an Entity List entry and a review of information provided in the removal requests. Finally, this final rule modifies two existing entries on the Entity List. This rule modifies one entry under China and one entry under Pakistan to provide additional or modified addresses and/or names for these persons.
2018-01-22RuleDEPARTMENT OF HOMELAND SECURITYHomeland Security DepartmentFederal Policy for the Protection of Human Subjects: Delay of the Revisions to the Federal Policy for the Protection of Human SubjectsIn a final rule published on January 19, 2017, federal departments and agencies listed in this document made revisions to the Federal Policy for the Protection of Human Subjects. The Consumer Product Safety Commission (CPSC) adopted the same regulatory...2018-00997"https://www.gpo.gov/fdsys/pkg/FR-2018-01-22/pdf/2018-00997.pdfhttps://www.federalregister.gov/documents/2018/01/22/2018-00997/federal-policy-for-the-protection-of-human-subjects-delay-of-the-revisions-to-the-federal-policy-forIn a final rule published on January 19, 2017, federal departments and agencies listed in this document made revisions to the Federal Policy for the Protection of Human Subjects. The Consumer Product Safety Commission (CPSC) adopted the same regulatory changes in a separate final rule published on September 18, 2017. The revised policy, reflected in both final rules, is described here as the ``2018 Requirements.'' The 2018 Requirements are scheduled to become effective on January 19, 2018, with a general compliance date of January 19, 2018 (with the exception of the revisions to the cooperative research provision). This interim final rule delays the effective date and general compliance date of the 2018 Requirements to July 19, 2018. The federal departments and agencies listed in this document are in the process of developing a proposed rule to further delay implementation of the 2018 Requirements. The limited implementation delay accomplished by this interim final rule both provides additional time to regulated entities for the preparations necessary to implement the 2018 Requirements, and additional time for the departments and agencies listed in this document to seek input from interested stakeholders through a notice and comment rulemaking process that allows for public engagement on the proposal for a further implementation delay.
2018-01-08RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions, Clarifications, and Technical Corrections to the Export Administration Regulations; CorrectionIn this final rule, the Bureau of Industry and Security corrects an error in the text of Export Control Classification Numbers (ECCNs) 0D606, 0E606, and 8A609.2018-00059"https://www.gpo.gov/fdsys/pkg/FR-2018-01-08/pdf/2018-00059.pdfhttps://www.federalregister.gov/documents/2018/01/08/2018-00059/revisions-clarifications-and-technical-corrections-to-the-export-administration-regulationsIn this final rule, the Bureau of Industry and Security corrects an error in the text of Export Control Classification Numbers (ECCNs) 0D606, 0E606, and 8A609.
2018-01-08RuleDEPARTMENT OF COMMERCECommerce DepartmentCivil Monetary Penalty Adjustments for InflationThis final rule is being issued to adjust for inflation each civil monetary penalty (CMP) provided by law within the jurisdiction of the United States Department of Commerce (Department of Commerce). The Federal Civil Penalties Inflation Adjustment Act...2017-28230"https://www.gpo.gov/fdsys/pkg/FR-2018-01-08/pdf/2017-28230.pdfhttps://www.federalregister.gov/documents/2018/01/08/2017-28230/civil-monetary-penalty-adjustments-for-inflationThis final rule is being issued to adjust for inflation each civil monetary penalty (CMP) provided by law within the jurisdiction of the United States Department of Commerce (Department of Commerce). The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, required the head of each agency to adjust for inflation its CMP levels in effect as of November 2, 2015, under a revised methodology that was effective for 2016 which provided for initial catch up adjustments for inflation in 2016, and requires adjustments for inflation to CMPs under a revised methodology for each year thereafter. The 2017 adjustments for inflation to CMPs to the Department of Commerce's CMPs were published in the Federal Register on December 28, 2016 and became effective January 15, 2017. The revised annual methodology provides for the improvement of the effectiveness of CMPs and to maintain their deterrent effect. Agencies' annual adjustments for inflation to CMPs shall take effect not later than January 15. The Department of Commerce's 2018 adjustments for inflation to CMPs apply only to CMPs with a dollar amount, and will not apply to CMPs written as functions of violations. The Department of Commerce's 2018 adjustments for inflation to CMPs apply only to those CMPs, including those whose associated violation predated such adjustment, which are assessed by the Department of Commerce after the effective date of the new CMP level.
2017-12-27RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions, Clarifications, and Technical Corrections to the Export Administration RegulationsIn this final rule, the Bureau of Industry and Security corrects certain provisions in the Export Administration Regulations (EAR) to provide accurate references and fix typographical errors, and amend several Export Control Classification Numbers...2017-27616"https://www.gpo.gov/fdsys/pkg/FR-2017-12-27/pdf/2017-27616.pdfhttps://www.federalregister.gov/documents/2017/12/27/2017-27616/revisions-clarifications-and-technical-corrections-to-the-export-administration-regulationsIn this final rule, the Bureau of Industry and Security corrects certain provisions in the Export Administration Regulations (EAR) to provide accurate references and fix typographical errors, and amend several Export Control Classification Numbers (ECCNs) to enhance consistency with the other ECCNs on the Commerce Control List (CCL). The corrections are editorial in nature and do not affect license requirements.
2017-12-20RuleDEPARTMENT OF COMMERCECommerce DepartmentAddition of Certain Entities to the Entity ListThis rule amends the Export Administration Regulations (EAR) by adding two entities to the Entity List. The two entities being added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or...2017-27388"https://www.gpo.gov/fdsys/pkg/FR-2017-12-20/pdf/2017-27388.pdfhttps://www.federalregister.gov/documents/2017/12/20/2017-27388/addition-of-certain-entities-to-the-entity-listThis rule amends the Export Administration Regulations (EAR) by adding two entities to the Entity List. The two entities being added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These two entities will be listed on the Entity List under the destination of Russia.
2017-12-13RuleDEPARTMENT OF COMMERCECommerce DepartmentDirect Investment Surveys: BE-12, Benchmark Survey of Foreign Direct Investment in the United StatesThis final rule amends regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to set forth the reporting requirements for the 2017 BE-12, Benchmark Survey of Foreign Direct Investment in the United States. The BE-12 survey is...2017-26887"https://www.gpo.gov/fdsys/pkg/FR-2017-12-13/pdf/2017-26887.pdfhttps://www.federalregister.gov/documents/2017/12/13/2017-26887/direct-investment-surveys-be-12-benchmark-survey-of-foreign-direct-investment-in-the-united-statesThis final rule amends regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to set forth the reporting requirements for the 2017 BE-12, Benchmark Survey of Foreign Direct Investment in the United States. The BE-12 survey is conducted every five years; the prior survey covered 2012. The benchmark survey covers the universe of foreign direct investment in the United States and is BEA's most detailed survey of such investment. For the 2017 benchmark survey, BEA will make changes in data items collected, the design of the survey forms, and the reporting requirements for the survey to satisfy changing data needs and to improve data quality and the effectiveness and efficiency of data collection.
2017-11-22RuleDEPARTMENT OF COMMERCECommerce DepartmentDelay of Discharge Requirements for U.S. Coast Guard Activities in Greater Farallones and Cordell Bank National Marine SanctuariesThe National Oceanic and Atmospheric Administration (NOAA) expanded the boundaries of Gulf of the Farallones National Marine Sanctuary (now renamed Greater Farallones National Marine Sanctuary or GFNMS) and Cordell Bank National Marine Sanctuary...2017-25104"https://www.gpo.gov/fdsys/pkg/FR-2017-11-22/pdf/2017-25104.pdfhttps://www.federalregister.gov/documents/2017/11/22/2017-25104/delay-of-discharge-requirements-for-us-coast-guard-activities-in-greater-farallones-and-cordell-bankThe National Oceanic and Atmospheric Administration (NOAA) expanded the boundaries of Gulf of the Farallones National Marine Sanctuary (now renamed Greater Farallones National Marine Sanctuary or GFNMS) and Cordell Bank National Marine Sanctuary (CBNMS) to an area north and west of their previous boundaries with a final rule published on March 12, 2015. The final rule entered into effect on June 9, 2015. At that time, NOAA postponed, with regard to U.S. Coast Guard (USCG) activities, the effectiveness of the discharge requirements for six months in the regulations for both sanctuaries in the newly added areas. Since then, NOAA published four documents to extend the postponement of the discharge requirements to provide adequate time for completion of an environmental assessment, and subsequent rulemaking regarding USCG activities, as appropriate. The current extension would end on December 9, 2017. This document, published concurrently with a proposed rule to address discharges by the USCG and an environmental assessment, will extend the postponement of the discharge requirements for USCG activities in the expansion areas of GFNMS and CBNMS for one year beyond the end of the current extension to provide adequate time for completion, if appropriate, of a final environmental assessment and final rule. This extension will end on December 9, 2018, or 30 days after publication of a final rule, whichever comes first.
2017-11-22Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentVessel and Aircraft Discharges From United States Coast Guard Activities in Greater Farallones and Cordell Bank National Marine SanctuariesWith this proposed rule, the National Oceanic and Atmospheric Administration (NOAA) considers allowing the United States Coast Guard (USCG or Coast Guard) to carry out certain otherwise prohibited activities within waters of Greater Farallones National...2017-25105"https://www.gpo.gov/fdsys/pkg/FR-2017-11-22/pdf/2017-25105.pdfhttps://www.federalregister.gov/documents/2017/11/22/2017-25105/vessel-and-aircraft-discharges-from-united-states-coast-guard-activities-in-greater-farallones-andWith this proposed rule, the National Oceanic and Atmospheric Administration (NOAA) considers allowing the United States Coast Guard (USCG or Coast Guard) to carry out certain otherwise prohibited activities within waters of Greater Farallones National Marine Sanctuary (GFNMS) and Cordell Bank National Marine Sanctuary (CBNMS) approximately 3 nautical miles (nm) from the shore, in the areas of the sanctuaries that were expanded in 2015. The discharges under consideration are: Untreated vessel sewage, vessel graywater as defined by the Federal Water Pollution Control Act, as amended (FWPCA), that does not meet the definition of ``clean'' as defined by the GFNMS and CBNMS regulations, and ammunition and pyrotechnic (warning projectile, flare, smoke float and marine marker) materials used in USCG training exercises for use of force (live fire or gunnery) and training exercises for search and rescue (SAR) of vessels or persons in distress. No change is proposed to the regulatory prohibitions or exceptions applicable to the pre-expansion boundaries of the two sanctuaries. A draft environmental assessment (DEA) under the National Environmental Policy Act (NEPA) has been prepared for this proposed action. NOAA is soliciting public comment on the proposed rule and DEA.
2017-11-15Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentInternational Services Surveys: BE-120 Benchmark Survey of Transactions in Selected Services and Intellectual Property With Foreign PersonsThis proposed rule would amend regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to renew reporting requirements for the mandatory BE-120 Benchmark Survey of Transactions in Selected Services and Intellectual Property with...2017-24422"https://www.gpo.gov/fdsys/pkg/FR-2017-11-15/pdf/2017-24422.pdfhttps://www.federalregister.gov/documents/2017/11/15/2017-24422/international-services-surveys-be-120-benchmark-survey-of-transactions-in-selected-services-andThis proposed rule would amend regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to renew reporting requirements for the mandatory BE-120 Benchmark Survey of Transactions in Selected Services and Intellectual Property with Foreign Persons. This survey will apply to the 2017 fiscal reporting year. The benchmark survey covers the universe of transactions in selected services and intellectual property and is BEA's most comprehensive survey of such transactions. For the 2017 benchmark survey, BEA proposes several changes in the data items collected, the design of the survey form, and the reporting requirements for the survey. This mandatory survey would be conducted under the authority of the International Investment and Trade in Services Survey Act.
2017-11-09RuleDEPARTMENT OF COMMERCECommerce DepartmentAmendments To Implement United States Policy Toward CubaThis rule amends the licensing policy for Cuba and portions of three license exceptions available for exports and reexports to Cuba: License Exceptions Gift Parcels and Humanitarian Donations (``GFT''), Consumer Communications Devices (``CCD''), and...2017-24448"https://www.gpo.gov/fdsys/pkg/FR-2017-11-09/pdf/2017-24448.pdfhttps://www.federalregister.gov/documents/2017/11/09/2017-24448/amendments-to-implement-united-states-policy-toward-cubaThis rule amends the licensing policy for Cuba and portions of three license exceptions available for exports and reexports to Cuba: License Exceptions Gift Parcels and Humanitarian Donations (``GFT''), Consumer Communications Devices (``CCD''), and Support for the Cuban People (``SCP''). The Bureau of Industry and Security is publishing this rule to implement portions of the National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba, dated June 16, 2017.
2017-11-01RuleDEPARTMENT OF COMMERCECommerce DepartmentClarifications to the Export Administration Regulations for the Use of License ExceptionsThis final rule makes clarifications to the Export Administration Regulations (EAR) to provide guidance based on existing agency understanding and practice on the use of two license exceptions. Specifically, this final rule makes three clarifications...2017-23712"https://www.gpo.gov/fdsys/pkg/FR-2017-11-01/pdf/2017-23712.pdfhttps://www.federalregister.gov/documents/2017/11/01/2017-23712/clarifications-to-the-export-administration-regulations-for-the-use-of-license-exceptionsThis final rule makes clarifications to the Export Administration Regulations (EAR) to provide guidance based on existing agency understanding and practice on the use of two license exceptions. Specifically, this final rule makes three clarifications to License Exception Governments, International Organizations, International Inspections under the Chemical Weapons Convention, and the International Space Station (GOV) and adds five notes, along with making other minor clarifications, to License Exception Strategic Trade Authorization (STA). These revisions respond to questions BIS has received about the use of these two EAR license exceptions and provide the general public answers to frequently asked questions based on existing agency interpretive practice. Therefore, the clarifications in this final rule do not change the EAR requirements for the use of the license exceptions but are intended to assist exporters new to the EAR.
2017-10-23RuleDEPARTMENT OF COMMERCECommerce DepartmentAmendments to Existing Validated End-User Authorization in the People's Republic of China: Lam Research Service Co., Ltd.In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing Validated End-User (VEU) list for the People's Republic of China (PRC) by updating the list of eligible destinations...2017-22649"https://www.gpo.gov/fdsys/pkg/FR-2017-10-23/pdf/2017-22649.pdfhttps://www.federalregister.gov/documents/2017/10/23/2017-22649/amendments-to-existing-validated-end-user-authorization-in-the-peoples-republic-of-china-lamIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing Validated End-User (VEU) list for the People's Republic of China (PRC) by updating the list of eligible destinations (facilities) and eligible items in Supplement No. 7 to part 748 for Lam Research Service Co., Ltd. (Lam). The End-User Review Committee (ERC) reviewed and authorized the amendments to the eligible facilities in response to a request made by Lam and in accordance with established procedures. Changes to the list of eligible items are technical corrections intended to improve clarity. As a consequence of these amendments, the EAR will include an updated and accurate list of eligible items (items that may be exported, reexported and transferred (in-country)), and eligible Lam facilities in the PRC. Publication of this rule supports the VEU program by providing information that assists the exporting public.
2017-10-06Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentForeign Trade Regulations (FTR): Request for Public Comments Regarding Standard and Routed Export TransactionsThe Bureau of the Census (U.S. Census Bureau) is seeking public comments to perform a review of the requirements governing routed export transactions. In particular, the Census Bureau is interested in comments regarding the definition of a routed...2017-21569"https://www.gpo.gov/fdsys/pkg/FR-2017-10-06/pdf/2017-21569.pdfhttps://www.federalregister.gov/documents/2017/10/06/2017-21569/foreign-trade-regulations-ftr-request-for-public-comments-regarding-standard-and-routed-exportThe Bureau of the Census (U.S. Census Bureau) is seeking public comments to perform a review of the requirements governing routed export transactions. In particular, the Census Bureau is interested in comments regarding the definition of a routed export transaction as well as the responsibilities of parties in routed export transactions. Routed export transactions are transactions in which the Foreign Principal Party in Interest (FPPI) controls the movement of the goods out of the country. There are a variety of reasons why the FPPI assumes this responsibility such as the use of a preferred carrier and the desire to not disclose the ultimate consignee to the U.S. Principal Party in Interest (USPPI), although the ultimate consignee is properly identified to the U.S. Government. Because the FPPI controls the movement of the goods in a routed transaction and cannot file Electronic Export Information (EEI), the Census Bureau requires the FPPI to authorize a U.S. authorized agent or the USPPI to file the EEI on its behalf. This ensures that the Census Bureau collects the statistical information.
2017-10-03RuleDEPARTMENT OF COMMERCECommerce DepartmentUpdated Statements of Legal Authority for the Export Administration RegulationsThis rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite the most recent Presidential notice continuing a national emergency declared pursuant to the International...2017-21003"https://www.gpo.gov/fdsys/pkg/FR-2017-10-03/pdf/2017-21003.pdfhttps://www.federalregister.gov/documents/2017/10/03/2017-21003/updated-statements-of-legal-authority-for-the-export-administration-regulationsThis rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite the most recent Presidential notice continuing a national emergency declared pursuant to the International Emergency Economic Powers Act. This is a procedural, non-substantive rule that only updates authority paragraphs of the EAR. It does not alter any right, obligation or prohibition that applies to any person under the EAR.
2017-09-29Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentForeign Trade Regulations (FTR): Clarification on the Collection and Confidentiality of Kimberley Process CertificatesThe U.S. Census Bureau (Bureau of the Census) proposes to amend its regulations in order to clarify that the data collected from the Kimberley Process Certificates (KPCs) are collected in compliance with the Clean Diamond Trade Act and not under the...2017-20920"https://www.gpo.gov/fdsys/pkg/FR-2017-09-29/pdf/2017-20920.pdfhttps://www.federalregister.gov/documents/2017/09/29/2017-20920/foreign-trade-regulations-ftr-clarification-on-the-collection-and-confidentiality-of-kimberleyThe U.S. Census Bureau (Bureau of the Census) proposes to amend its regulations in order to clarify that the data collected from the Kimberley Process Certificates (KPCs) are collected in compliance with the Clean Diamond Trade Act and not under the Census Bureau's laws and regulations. In addition, this rule clarifies the submission requirements and permissible uses of the KPCs.
2017-09-25RuleDEPARTMENT OF COMMERCECommerce DepartmentRemoval of Certain Entities From the Entity List; and Revisions of Entries on the Entity ListThis rule amends the Export Administration Regulations (EAR) by removing three entities under four entries from the Entity List. This rule removes one entity listed under the destination of Australia, one entity listed under the destination of China,...2017-20406"https://www.gpo.gov/fdsys/pkg/FR-2017-09-25/pdf/2017-20406.pdfhttps://www.federalregister.gov/documents/2017/09/25/2017-20406/removal-of-certain-entities-from-the-entity-list-and-revisions-of-entries-on-the-entity-listThis rule amends the Export Administration Regulations (EAR) by removing three entities under four entries from the Entity List. This rule removes one entity listed under the destination of Australia, one entity listed under the destination of China, and one entity listed under the destinations of Iran and the United Arab Emirates from the Entity List. The one additional entry is being removed to account for one entity listed under more than one destination on the Entity List. All three of the removals are the result of requests for removal received by BIS pursuant to the section of the EAR used for requesting removal or modification of an Entity List entity and a review of information provided in the removal requests in accordance with the procedure for requesting removal or modification of an Entity List entity. Finally, this final rule modifies five existing entries on the Entity List consisting of five entries under Pakistan to provide additional or modified addresses and/or names for these persons.
2017-09-20RuleDEPARTMENT OF COMMERCECommerce DepartmentForeign Trade Regulations (FTR): Clarification on Filing Requirements; CorrectionOn April 19, 2017, the Census Bureau revised the Foreign Trade Regulations (FTR). The revisions to the FTR reflected the implementation of the International Trade Data System, in accordance with the Executive Order 13659, Streamlining the Export/Import...2017-20060"https://www.gpo.gov/fdsys/pkg/FR-2017-09-20/pdf/2017-20060.pdfhttps://www.federalregister.gov/documents/2017/09/20/2017-20060/foreign-trade-regulations-ftr-clarification-on-filing-requirements-correctionOn April 19, 2017, the Census Bureau revised the Foreign Trade Regulations (FTR). The revisions to the FTR reflected the implementation of the International Trade Data System, in accordance with the Executive Order 13659, Streamlining the Export/Import Process for American Businesses. In the Final Rule, the Census Bureau also amended the appendices section. Appendices B, C, E, and F were removed and appendix D was revised and redesignated as the new appendix B. With the revisions to the appendices section, there are a few sections of the FTR that were inadvertently not updated to reflect these changes. This document corrects the final regulations.
2017-09-20RuleDEPARTMENT OF COMMERCECommerce DepartmentRepeal of Regulations Governing the Public Telecommunications Facilities ProgramThe National Telecommunications and Information Administration (NTIA) is repealing its regulations governing the Public Telecommunications Facilities Program (PTFP). The PTFP was a competitive grant program that helped public broadcasting stations,...2017-20012"https://www.gpo.gov/fdsys/pkg/FR-2017-09-20/pdf/2017-20012.pdfhttps://www.federalregister.gov/documents/2017/09/20/2017-20012/repeal-of-regulations-governing-the-public-telecommunications-facilities-programThe National Telecommunications and Information Administration (NTIA) is repealing its regulations governing the Public Telecommunications Facilities Program (PTFP). The PTFP was a competitive grant program that helped public broadcasting stations, state and local governments, Indian Tribes, and nonprofit organizations to construct public television and radio stations. As of Fiscal Year 2011, no funds have been available for PTFP grants. NTIA is repealing its regulations governing the PTFP because the regulations are unnecessary and obsolete.
2017-08-15RuleDEPARTMENT OF COMMERCECommerce DepartmentWassenaar Arrangement 2016 Plenary Agreements ImplementationThe Bureau of Industry and Security (BIS) maintains, as part of its Export Administration Regulations (EAR), the Commerce Control List (CCL), which identifies certain items subject to Department of Commerce jurisdiction. This final rule revises the...2017-16904"https://www.gpo.gov/fdsys/pkg/FR-2017-08-15/pdf/2017-16904.pdfhttps://www.federalregister.gov/documents/2017/08/15/2017-16904/wassenaar-arrangement-2016-plenary-agreements-implementationThe Bureau of Industry and Security (BIS) maintains, as part of its Export Administration Regulations (EAR), the Commerce Control List (CCL), which identifies certain items subject to Department of Commerce jurisdiction. This final rule revises the CCL, as well as corresponding parts of the EAR, to implement changes made to the Wassenaar Arrangement List of Dual-Use Goods and Technologies (WA List) maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement, or WA) at the December 2016 WA Plenary meeting. The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability. This rule harmonizes the CCL with the agreements reached at the 2016 Plenary meeting by revising Export Control Classification Numbers (ECCNs) controlled for national security reasons in each category of the CCL, as well as making other associated changes to the EAR.
2017-08-08RuleDEPARTMENT OF COMMERCECommerce DepartmentFisheries of the Exclusive Economic Zone Off Alaska; Integrating Electronic Monitoring Into the North Pacific Observer ProgramNMFS hereby issues regulations to implement Amendment 114 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and Amendment 104 to the Fishery Management Plan for Groundfish of the Gulf of Alaska...2017-16703"https://www.gpo.gov/fdsys/pkg/FR-2017-08-08/pdf/2017-16703.pdfhttps://www.federalregister.gov/documents/2017/08/08/2017-16703/fisheries-of-the-exclusive-economic-zone-off-alaska-integrating-electronic-monitoring-into-the-northNMFS hereby issues regulations to implement Amendment 114 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and Amendment 104 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (collectively referred to as the FMPs). Amendments 114/104 and this final rule integrate electronic monitoring (EM) into the North Pacific Observer Program (Observer Program). This final rule establishes a process for owners or operators of vessels using nontrawl gear to request to participate in the EM selection pool and the requirements for vessel owners or operators while in the EM selection pool. This action is necessary to improve the collection of data needed for the conservation, management, and scientific understanding of managed fisheries. Amendments 114/104 are intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the FMPs, and other applicable laws.
2017-07-27Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentDirect Investment Surveys: BE-12, Benchmark Survey of Foreign Direct Investment in the United StatesThis proposed rule would amend regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to set forth the reporting requirements for the 2017 BE-12, Benchmark Survey of Foreign Direct Investment in the United States. The BE-12...2017-15695"https://www.gpo.gov/fdsys/pkg/FR-2017-07-27/pdf/2017-15695.pdfhttps://www.federalregister.gov/documents/2017/07/27/2017-15695/direct-investment-surveys-be-12-benchmark-survey-of-foreign-direct-investment-in-the-united-statesThis proposed rule would amend regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to set forth the reporting requirements for the 2017 BE-12, Benchmark Survey of Foreign Direct Investment in the United States. The BE-12 survey is conducted every five years; the prior survey covered 2012. The benchmark survey covers the universe of foreign direct investment in the United States and is BEA's most detailed survey of such investment. For the 2017 benchmark survey, BEA proposes changes in data items collected, the design of the survey forms, and the reporting requirements for the survey to satisfy changing data needs, improve data quality and the effectiveness and efficiency of data collection.
2017-07-18Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentRepeal of Regulations Governing the Public Telecommunications Facilities ProgramThe National Telecommunications and Information Administration (NTIA) issues this NPRM to propose the repeal of its regulations governing the Public Telecommunications Facilities Program (PTFP). The PTFP is a competitive grant program that helps public...2017-14978"https://www.gpo.gov/fdsys/pkg/FR-2017-07-18/pdf/2017-14978.pdfhttps://www.federalregister.gov/documents/2017/07/18/2017-14978/repeal-of-regulations-governing-the-public-telecommunications-facilities-programThe National Telecommunications and Information Administration (NTIA) issues this NPRM to propose the repeal of its regulations governing the Public Telecommunications Facilities Program (PTFP). The PTFP is a competitive grant program that helps public broadcasting stations, state and local governments, Indian Tribes, and nonprofit organizations to construct public television and radio stations. As of Fiscal Year 2011, no funds have been available for PTFP grants. NTIA is proposing to repeal its regulations governing the PTFP because the regulations are unnecessary and obsolete.
2017-07-07RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions to the Export Administration Regulations Based on the 2016 Missile Technology Control Regime Plenary AgreementsThe Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the October 2016 Plenary in...2017-14312"https://www.gpo.gov/fdsys/pkg/FR-2017-07-07/pdf/2017-14312.pdfhttps://www.federalregister.gov/documents/2017/07/07/2017-14312/revisions-to-the-export-administration-regulations-based-on-the-2016-missile-technology-controlThe Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the October 2016 Plenary in Busan, South Korea, and the March 2016 Technical Experts Meeting (TEM) in Luxembourg City, Luxembourg. This final rule revises thirteen Export Control Classification Numbers (ECCNs), adds one ECCN, revises two EAR defined terms (including making other EAR conforming changes for the use of these two terms) and makes conforming EAR changes where needed to implement the changes that were agreed to at the meetings and to better align the missile technology (MT) controls on the Commerce Control List (CCL) with the MTCR Annex.
2017-06-30RuleDEPARTMENT OF COMMERCECommerce DepartmentControl Policy: End-User and End-Use Based2017-13802"https://www.gpo.gov/fdsys/pkg/FR-2017-06-30/pdf/2017-13802.pdfhttps://www.federalregister.gov/documents/2017/06/30/2017-13802/control-policy-end-user-and-end-use-based
2017-06-27RuleDEPARTMENT OF COMMERCECommerce DepartmentHollings Manufacturing Extension Partnership-Amendments to the Terms and Schedule of Financial AssistanceNIST is issuing a final rule to amend the regulations governing the Hollings Manufacturing Extension Partnership (MEP) program to reflect the current cost sharing requirements for cooperative agreements for the establishment and operation of MEP...2017-13423"https://www.gpo.gov/fdsys/pkg/FR-2017-06-27/pdf/2017-13423.pdfhttps://www.federalregister.gov/documents/2017/06/27/2017-13423/hollings-manufacturing-extension-partnership-amendments-to-the-terms-and-schedule-of-financialNIST is issuing a final rule to amend the regulations governing the Hollings Manufacturing Extension Partnership (MEP) program to reflect the current cost sharing requirements for cooperative agreements for the establishment and operation of MEP Centers, consistent with recent amendments to the MEP authorizing statute. Under the revised statute, NIST may provide up to 50 percent of the capital and annual operating and maintenance funds required to establish and support an MEP Center. The regulations are also being amended to remove other cost sharing rules that are not required by the MEP authorizing statute or current program policies.
2017-06-22RuleDEPARTMENT OF COMMERCECommerce DepartmentRussian Sanctions: Addition of Certain Entities to the Entity ListThe Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding ten entities to the Entity List. The ten entities that are added to the Entity List have been determined by the U.S. Government to be acting contrary...2017-13167"https://www.gpo.gov/fdsys/pkg/FR-2017-06-22/pdf/2017-13167.pdfhttps://www.federalregister.gov/documents/2017/06/22/2017-13167/russian-sanctions-addition-of-certain-entities-to-the-entity-listThe Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding ten entities to the Entity List. The ten entities that are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. BIS is taking this action to ensure the efficacy of existing sanctions on the Russian Federation (Russia) for violating international law and fueling the conflict in eastern Ukraine. These entities will be listed on the Entity List under the destinations of the Crimea region of Ukraine and Russia.
2017-06-14RuleDEPARTMENT OF COMMERCECommerce DepartmentWassenaar Arrangement 2015 Plenary Agreements Implementation, Removal of Foreign National Review Requirements, and Information Security Updates; CorrectionsThe Bureau of Industry and Security (BIS) maintains, as part of its Export Administration Regulations (EAR), the Commerce Control List (CCL), which identifies certain items subject to Department of Commerce jurisdiction. This rule corrects citations,...2017-12269"https://www.gpo.gov/fdsys/pkg/FR-2017-06-14/pdf/2017-12269.pdfhttps://www.federalregister.gov/documents/2017/06/14/2017-12269/wassenaar-arrangement-2015-plenary-agreements-implementation-removal-of-foreign-national-reviewThe Bureau of Industry and Security (BIS) maintains, as part of its Export Administration Regulations (EAR), the Commerce Control List (CCL), which identifies certain items subject to Department of Commerce jurisdiction. This rule corrects citations, replaces text that was inadvertently removed, and corrects other errors associated with the ``Wassenaar Arrangement 2015 Plenary Agreements Implementation, Removal of Foreign National Review Requirements, and Information Security Updates'' final rule published on September 20, 2016 (WA15 rule).
2017-06-07RuleDEPARTMENT OF COMMERCECommerce DepartmentDelay of Discharge Requirements for U.S. Coast Guard Activities in Greater Farallones and Cordell Bank National Marine SanctuariesThe National Oceanic and Atmospheric Administration (NOAA) expanded the boundaries of Gulf of the Farallones National Marine Sanctuary (now renamed Greater Farallones National Marine Sanctuary or GFNMS) and Cordell Bank National Marine Sanctuary...2017-11794"https://www.gpo.gov/fdsys/pkg/FR-2017-06-07/pdf/2017-11794.pdfhttps://www.federalregister.gov/documents/2017/06/07/2017-11794/delay-of-discharge-requirements-for-us-coast-guard-activities-in-greater-farallones-and-cordell-bankThe National Oceanic and Atmospheric Administration (NOAA) expanded the boundaries of Gulf of the Farallones National Marine Sanctuary (now renamed Greater Farallones National Marine Sanctuary or GFNMS) and Cordell Bank National Marine Sanctuary (CBNMS) to an area north and west of their previous boundaries with a final rule published on March 12, 2015. The final rule entered into effect on June 9, 2015. At that time, NOAA postponed the effectiveness of the discharge requirements in both sanctuaries' regulations in the areas added to GFNMS and CBNMS boundaries in 2015 with regard to U.S. Coast Guard activities for six months. Since then, NOAA published three documents to extend the postponement of the discharge requirements to provide adequate time for completion of an environmental assessment, and subsequent rulemaking, as appropriate. The current extension would end on June 9, 2017. This document extends the postponement of the discharge requirements for these activities for another six months for the same reasons.
2017-05-26RuleDEPARTMENT OF COMMERCECommerce DepartmentAddition of Certain Persons and Revisions to Entries on the Entity ListThis rule amends the Export Administration Regulations (EAR) by adding sixteen persons to the Entity List. The sixteen persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security...2017-10804"https://www.gpo.gov/fdsys/pkg/FR-2017-05-26/pdf/2017-10804.pdfhttps://www.federalregister.gov/documents/2017/05/26/2017-10804/addition-of-certain-persons-and-revisions-to-entries-on-the-entity-listThis rule amends the Export Administration Regulations (EAR) by adding sixteen persons to the Entity List. The sixteen persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These sixteen persons will be listed on the Entity List under the destinations of Pakistan, Turkey and the United Arab Emirates. This final rule is also modifying two existing entries in the Entity List under the destinations of China and Hong Kong.
2017-04-26Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentPlan for Periodic Review of RegulationsRegulatory Flexibility Act (RFA) section 610 requires that the NOAA Office of National Marine Sanctuaries (ONMS) periodically review existing regulations that have a significant economic impact on a substantial number of small entities, such as small...2017-08404"https://www.gpo.gov/fdsys/pkg/FR-2017-04-26/pdf/2017-08404.pdfhttps://www.federalregister.gov/documents/2017/04/26/2017-08404/plan-for-periodic-review-of-regulationsRegulatory Flexibility Act (RFA) section 610 requires that the NOAA Office of National Marine Sanctuaries (ONMS) periodically review existing regulations that have a significant economic impact on a substantial number of small entities, such as small businesses, small organizations, and small governmental jurisdictions. This plan describes how ONMS will perform this review and describes the regulation proposed for review during the current review-cycle.
2017-04-25RuleOFFICE OF THE UNITED STATES TRADE REPRESENTATIVETrade Representative, Office of United StatesFreedom of Information Act and Privacy Act Policies and ProceduresThis rule makes minor technical changes to the Office of the United States Trade Representative (USTR) Freedom of Information Act (FOIA) regulation. It also adopts as a final rule without change the proposed rule updating USTR's Privacy Act...2017-08364"https://www.gpo.gov/fdsys/pkg/FR-2017-04-25/pdf/2017-08364.pdfhttps://www.federalregister.gov/documents/2017/04/25/2017-08364/freedom-of-information-act-and-privacy-act-policies-and-proceduresThis rule makes minor technical changes to the Office of the United States Trade Representative (USTR) Freedom of Information Act (FOIA) regulation. It also adopts as a final rule without change the proposed rule updating USTR's Privacy Act implementing regulation. USTR published both the FOIA and Privacy Act rules in December 2016.
2017-04-19RuleDEPARTMENT OF COMMERCECommerce DepartmentForeign Trade Regulations: Clarification on Filing RequirementsThe Bureau of the Census (Census Bureau) issues this Final Rule amending the Foreign Trade Regulations (FTR) to reflect new export reporting requirements. Specifically, the Census Bureau is making changes related to the implementation of the...2017-07646"https://www.gpo.gov/fdsys/pkg/FR-2017-04-19/pdf/2017-07646.pdfhttps://www.federalregister.gov/documents/2017/04/19/2017-07646/foreign-trade-regulations-clarification-on-filing-requirementsThe Bureau of the Census (Census Bureau) issues this Final Rule amending the Foreign Trade Regulations (FTR) to reflect new export reporting requirements. Specifically, the Census Bureau is making changes related to the implementation of the International Trade Data System (ITDS), in accordance with the Executive Order 13659, Streamlining the Export/Import Process for American Businesses. The ITDS was established by the Security and Accountability for Every (SAFE) Port Act of 2006. The changes also include the addition of the original Internal Transaction Number (ITN) data element in the Automated Export System (AES). Lastly, the Census Bureau is making remedial changes to improve clarity of the reporting requirements. These changes are discussed in detail in the SUPPLEMENTARY INFORMATION section.
2017-04-18RuleDEPARTMENT OF COMMERCECommerce DepartmentRevision to an Entry on the Entity ListThis rule amends the Export Administration Regulations (EAR) by revising one existing entry in the Entity List, under the destination of Russia. The license requirement for the entry is being revised to conform with a general license issued by the...2017-07833"https://www.gpo.gov/fdsys/pkg/FR-2017-04-18/pdf/2017-07833.pdfhttps://www.federalregister.gov/documents/2017/04/18/2017-07833/revision-to-an-entry-on-the-entity-listThis rule amends the Export Administration Regulations (EAR) by revising one existing entry in the Entity List, under the destination of Russia. The license requirement for the entry is being revised to conform with a general license issued by the Department of the Treasury's Office of Foreign Assets Control on February 2, 2017.
2017-04-18RuleDEPARTMENT OF COMMERCECommerce DepartmentSchedule of Fees for Access to NOAA Environmental Data, Information, and Related Products and ServicesIn this final rule, NESDIS adds a new service/product to the NESDIS FY 2017 schedule of fees for the sale of its data, information, and related products and services to users. NESDIS is authorized under the United States Code to assess fees, up to fair...2017-07759"https://www.gpo.gov/fdsys/pkg/FR-2017-04-18/pdf/2017-07759.pdfhttps://www.federalregister.gov/documents/2017/04/18/2017-07759/schedule-of-fees-for-access-to-noaa-environmental-data-information-and-related-products-and-servicesIn this final rule, NESDIS adds a new service/product to the NESDIS FY 2017 schedule of fees for the sale of its data, information, and related products and services to users. NESDIS is authorized under the United States Code to assess fees, up to fair market value, for access to environmental data, information, and products derived from, collected, and/or archived by NOAA. This action adds a new user fee for a data product titled, High Definition Geomagnetic Model--Real Time.
2017-04-06RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions to the Unverified List (UVL)The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding six (6) persons to the Unverified List (the ``Unverified List'' or UVL); revising two addresses and adding an alternate name, or a.k.a., for one...2017-06857"https://www.gpo.gov/fdsys/pkg/FR-2017-04-06/pdf/2017-06857.pdfhttps://www.federalregister.gov/documents/2017/04/06/2017-06857/revisions-to-the-unverified-list-uvlThe Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding six (6) persons to the Unverified List (the ``Unverified List'' or UVL); revising two addresses and adding an alternate name, or a.k.a., for one (1) person currently listed on the UVL; and revising three addresses, adding three additional addresses, and adding an alternate name, or a.k.a, for one (1) person currently listed on the UVL. The six persons are being added to the UVL on the basis that BIS could not verify their bona fides because an end-use check could not be completed satisfactorily for reasons outside the U.S. Government's control. Two addresses are revised for one person currently listed on the UVL to add the official Hong Kong district name. In addition, this rule adds an alternate name for this person. This rule also revises three addresses for an additional person currently listed on the UVL to add the official Hong Kong district names and correct a previous error. Finally, this rule adds three additional addresses and an alternate name for this person, as BIS has determined this person is receiving U.S. exports at additional addresses and using an additional name.
2017-04-04RuleDEPARTMENT OF COMMERCECommerce DepartmentAtlantic Highly Migratory Species; Atlantic Shark Management Measures; Final Amendment 5bNMFS is amending the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP) based on the results of the 2016 stock assessment update for Atlantic dusky sharks. Based on this assessment, NMFS determined that the dusky...2017-06591"https://www.gpo.gov/fdsys/pkg/FR-2017-04-04/pdf/2017-06591.pdfhttps://www.federalregister.gov/documents/2017/04/04/2017-06591/atlantic-highly-migratory-species-atlantic-shark-management-measures-final-amendment-5bNMFS is amending the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP) based on the results of the 2016 stock assessment update for Atlantic dusky sharks. Based on this assessment, NMFS determined that the dusky shark stock remains overfished and is experiencing overfishing. Consistent with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act), NMFS is implementing management measures that will reduce fishing mortality on dusky sharks to end overfishing and rebuild the dusky shark population consistent with legal requirements. The final measures could affect HMS-permitted commercial and recreational fishermen who harvest sharks or whose fishing vessels interact with sharks in the Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea.
2017-03-29RuleDEPARTMENT OF COMMERCECommerce DepartmentRemoval of Certain Persons From the Entity ListThis rule amends the Export Administration Regulations (EAR) by removing seven persons under ten entries from the Entity List. This rule removes four persons listed under the destination of Germany, one person listed under the destination of Hong Kong,...2017-06228"https://www.gpo.gov/fdsys/pkg/FR-2017-03-29/pdf/2017-06228.pdfhttps://www.federalregister.gov/documents/2017/03/29/2017-06228/removal-of-certain-persons-from-the-entity-listThis rule amends the Export Administration Regulations (EAR) by removing seven persons under ten entries from the Entity List. This rule removes four persons listed under the destination of Germany, one person listed under the destination of Hong Kong, one person listed under the destination of India, one person listed under the destination of Singapore, one person listed under the destination of Switzerland, and two persons under the destination of the United Arab Emirates from the Entity List. The three additional entries are being removed to account for two persons listed under more than one destination on the Entity List. All seven of the removals are the result of requests for removal received by BIS pursuant to the section of the EAR used for requesting removal or modification of an Entity List entity and a review of information provided in the removal requests in accordance with the procedure for requesting removal or modification of an Entity List entity.
2017-03-29RuleDEPARTMENT OF COMMERCECommerce DepartmentRemoval of Certain Persons From the Entity List; Addition of a Person to the Entity List; and EAR Conforming ChangeThis rule amends the Export Administration Regulations (EAR) by removing two persons listed under the destination of China from the Entity List. The two removals are the result of a request for removal received by BIS pursuant to the section of the EAR...2017-06227"https://www.gpo.gov/fdsys/pkg/FR-2017-03-29/pdf/2017-06227.pdfhttps://www.federalregister.gov/documents/2017/03/29/2017-06227/removal-of-certain-persons-from-the-entity-list-addition-of-a-person-to-the-entity-list-and-earThis rule amends the Export Administration Regulations (EAR) by removing two persons listed under the destination of China from the Entity List. The two removals are the result of a request for removal received by BIS pursuant to the section of the EAR used for requesting removal or modification of an Entity List entry and a review of information provided in the removal request in accordance with the procedure for requesting removal or modification of an Entity List entity. In light of the recent settlement of administrative and criminal enforcement actions against ZTE Corporation and ZTE Kangxun, the End-User Review Committee (ERC) has determined that these two persons being removed have performed their undertakings to the U.S. Government in a timely manner and have otherwise cooperated with the U.S. Government in resolving the matter which led to the two entities' listing. This final rule also adds one person to the Entity List. This person who is added to the Entity List has been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. This person will be listed on the Entity List under the destination of China. Lastly, this final rule makes a conforming change to the EAR as a result of the removal of these two persons from the Entity List.
2017-02-24RuleDEPARTMENT OF COMMERCECommerce DepartmentTemporary General License: Extension of ValidityOn March 24, 2016, the Bureau of Industry and Security (BIS) published a final rule, Temporary General License. The March 24 final rule created a temporary general license that restored, for a specified time period, the licensing requirements and...2017-03664"https://www.gpo.gov/fdsys/pkg/FR-2017-02-24/pdf/2017-03664.pdfhttps://www.federalregister.gov/documents/2017/02/24/2017-03664/temporary-general-license-extension-of-validityOn March 24, 2016, the Bureau of Industry and Security (BIS) published a final rule, Temporary General License. The March 24 final rule created a temporary general license that restored, for a specified time period, the licensing requirements and policies under the Export Administration Regulations (EAR) for exports, reexports, and transfers (in-country) as of March 7, 2016, to two entities (ZTE Corporation and ZTE Kangxun) that were added to the Entity List on March 8, 2016. At this time, the U.S. Government has decided to extend the temporary general license until March 29, 2017. In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of February 27, 2017, and to substitute the date of March 29, 2017. This final rule makes no other changes to the EAR.
2017-02-09RuleDEPARTMENT OF COMMERCECommerce DepartmentInternational Affairs; Antarctic Marine Living Resources Convention ActIn accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' published in the Federal Register on January 24, 2017 (the Memorandum), this action delays the...2017-02658"https://www.gpo.gov/fdsys/pkg/FR-2017-02-09/pdf/2017-02658.pdfhttps://www.federalregister.gov/documents/2017/02/09/2017-02658/international-affairs-antarctic-marine-living-resources-convention-actIn accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' published in the Federal Register on January 24, 2017 (the Memorandum), this action delays the effective date of the final rule published on January 19, 2017.
2017-02-07RuleDEPARTMENT OF COMMERCECommerce DepartmentFisheries of the Exclusive Economic Zone Off Alaska; Allow the Use of Longline Pot Gear in the Gulf of Alaska Sablefish Individual Fishing Quota Fishery; Amendment 101; CorrectionNMFS published a ``Stay of final rule'' on January 31, 2017-- in accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' published in the Federal...2017-02463"https://www.gpo.gov/fdsys/pkg/FR-2017-02-07/pdf/2017-02463.pdfhttps://www.federalregister.gov/documents/2017/02/07/2017-02463/fisheries-of-the-exclusive-economic-zone-off-alaska-allow-the-use-of-longline-pot-gear-in-the-gulfNMFS published a ``Stay of final rule'' on January 31, 2017-- in accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' published in the Federal Register on January 24, 2017 (the Memorandum)--to delay the effective date of the final rule NMFS published on December 28, 2016. This notification corrects the effectiveness date from ``March 12, 2017'' to ``March 11, 2017.'' For consistency and clarity, the complete new DATES section has been set out below in its entirety.
2017-02-01RuleDEPARTMENT OF COMMERCECommerce DepartmentCommerce Control List: Removal of Certain Nuclear Nonproliferation (NP) Column 2 ControlsIn accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' published in the Federal Register on January 24, 2017 (the Memorandum), this action...2017-02164"https://www.gpo.gov/fdsys/pkg/FR-2017-02-01/pdf/2017-02164.pdfhttps://www.federalregister.gov/documents/2017/02/01/2017-02164/commerce-control-list-removal-of-certain-nuclear-nonproliferation-np-column-2-controlsIn accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' published in the Federal Register on January 24, 2017 (the Memorandum), this action temporarily delays the implementation date of one revision implemented by the final rule entitled ``Commerce Control List: Removal of Certain Nuclear Nonproliferation (NP) Column 2 Controls'' published by the Bureau of Industry and Security (BIS) in the Federal Register on November 25, 2016. The final rule amended the Export Administration Regulations (EAR) to remove nuclear nonproliferation (NP) Column 2 license requirements from certain pressure tubes, pipes, fittings, pipe valves, pumps, numerically controlled machine tools, oscilloscopes, and transient recorders on the Commerce Control List (CCL).
2017-01-31RuleDEPARTMENT OF COMMERCECommerce DepartmentFisheries of the Exclusive Economic Zone Off Alaska; Allow the Use of Longline Pot Gear in the Gulf of Alaska Sablefish Individual Fishing Quota Fishery; Amendment 101In accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' published in the Federal Register on January 24, 2017 (the Memorandum), this action stays the...2017-02055"https://www.gpo.gov/fdsys/pkg/FR-2017-01-31/pdf/2017-02055.pdfhttps://www.federalregister.gov/documents/2017/01/31/2017-02055/fisheries-of-the-exclusive-economic-zone-off-alaska-allow-the-use-of-longline-pot-gear-in-the-gulfIn accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' published in the Federal Register on January 24, 2017 (the Memorandum), this action stays the final rule NMFS published on December 28, 2016, in order to delay its effective date.
2017-01-23RuleDEPARTMENT OF COMMERCECommerce DepartmentUpdated Statements of Legal Authority for the Export Administration RegulationsThis rule updates the Code of Federal Regulations (CFR) legal authority citations in the Export Administration Regulations (EAR) to cite the most recent Presidential notice continuing an emergency declared pursuant to the International Emergency...2017-00443"https://www.gpo.gov/fdsys/pkg/FR-2017-01-23/pdf/2017-00443.pdfhttps://www.federalregister.gov/documents/2017/01/23/2017-00443/updated-statements-of-legal-authority-for-the-export-administration-regulationsThis rule updates the Code of Federal Regulations (CFR) legal authority citations in the Export Administration Regulations (EAR) to cite the most recent Presidential notice continuing an emergency declared pursuant to the International Emergency Economic Powers Act. This is a non-substantive rule that only updates authority paragraphs of the EAR. It does not alter any right, obligation or prohibition that applies to any person under the EAR.
2017-01-19RuleDEPARTMENT OF COMMERCECommerce DepartmentSupport Document Requirements With Respect to Hong KongThis rule requires persons intending to export or reexport to Hong Kong any item subject to the Export Administration Regulations (EAR) and controlled on the Commerce Control List (CCL) for national security (NS), missile technology (MT), nuclear...2017-00446"https://www.gpo.gov/fdsys/pkg/FR-2017-01-19/pdf/2017-00446.pdfhttps://www.federalregister.gov/documents/2017/01/19/2017-00446/support-document-requirements-with-respect-to-hong-kongThis rule requires persons intending to export or reexport to Hong Kong any item subject to the Export Administration Regulations (EAR) and controlled on the Commerce Control List (CCL) for national security (NS), missile technology (MT), nuclear nonproliferation (NP column 1), or chemical and biological weapons (CB) reasons to obtain, prior to such export or reexport, a copy of a Hong Kong import license or a written statement from the Hong Kong government that such a license is not required. This rule also requires persons intending to reexport from Hong Kong any item subject to the EAR and controlled for NS, MT, NP column 1, or CB reasons to obtain a Hong Kong export license or a statement from the Hong Kong government that such a license is not required.
2017-01-19RuleDEPARTMENT OF COMMERCECommerce DepartmentInternational Affairs; Antarctic Marine Living Resources Convention ActThis final rule sets forth changes to the regulations that implement conservation measures adopted by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR or Commission). This final rule streamlines and clarifies the...2017-00401"https://www.gpo.gov/fdsys/pkg/FR-2017-01-19/pdf/2017-00401.pdfhttps://www.federalregister.gov/documents/2017/01/19/2017-00401/international-affairs-antarctic-marine-living-resources-convention-actThis final rule sets forth changes to the regulations that implement conservation measures adopted by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR or Commission). This final rule streamlines and clarifies the regulations for Antarctic marine living resources, shifts deadlines for advance notice of intended fishing activities, distinguishes between first receivers and dealers of Antarctic marine living resources (AMLR), reduces the time for advance notice of imports of Dissostichus species, and adds transshipment notification requirements. The sections of these regulations are reorganized to group requirements related to the trade of Antarctic marine living resources and those that apply to fishing activities. Additionally, this action updates the regulations to reflect Commission-adopted revisions to existing conservation measures and changes made to the Antarctic Marine Living Resources Convention Act through the Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015.
2017-01-19RuleDEPARTMENT OF COMMERCECommerce DepartmentAmendments to the Export Administration Regulations Implementing an Additional Phase of India-U.S. Export Control CooperationIn this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement the India-U.S. Joint Statement of June 7, 2016 (June Statement), which recognized the United States and India as Major Defense...2017-00439"https://www.gpo.gov/fdsys/pkg/FR-2017-01-19/pdf/2017-00439.pdfhttps://www.federalregister.gov/documents/2017/01/19/2017-00439/amendments-to-the-export-administration-regulations-implementing-an-additional-phase-of-india-usIn this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement the India-U.S. Joint Statement of June 7, 2016 (June Statement), which recognized the United States and India as Major Defense Partners. This rule amends the EAR by establishing a licensing policy of general approval for exports or reexports to or transfers within India of items subject to the EAR and controlled only for National Security or Regional Stability reasons. In addition, BIS amends the end use and end user provisions of the Validated End User (VEU) authorization to state that items obtained under authorization VEU in India may be used for either civil or military end uses other than those that are for use in nuclear, ``missile,'' or chemical or biological weapons activities.
2017-01-19RuleDEPARTMENT OF HOMELAND SECURITYHomeland Security DepartmentFederal Policy for the Protection of Human SubjectsThe departments and agencies listed in this document announce revisions to modernize, strengthen, and make more effective the Federal Policy for the Protection of Human Subjects that was originally promulgated as a Common Rule in 1991. This final rule...2017-01058"https://www.gpo.gov/fdsys/pkg/FR-2017-01-19/pdf/2017-01058.pdfhttps://www.federalregister.gov/documents/2017/01/19/2017-01058/federal-policy-for-the-protection-of-human-subjectsThe departments and agencies listed in this document announce revisions to modernize, strengthen, and make more effective the Federal Policy for the Protection of Human Subjects that was originally promulgated as a Common Rule in 1991. This final rule is intended to better protect human subjects involved in research, while facilitating valuable research and reducing burden, delay, and ambiguity for investigators. These revisions are an effort to modernize, simplify, and enhance the current system of oversight.
2017-01-17RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions to Sudan Licensing PolicyThis rule revises the policy of review for applications for licenses to export or reexport to Sudan certain items that are intended to ensure the safety of civil aviation or the safe operation of fixed- wing, commercial passenger aircraft. Such...2017-00836"https://www.gpo.gov/fdsys/pkg/FR-2017-01-17/pdf/2017-00836.pdfhttps://www.federalregister.gov/documents/2017/01/17/2017-00836/revisions-to-sudan-licensing-policyThis rule revises the policy of review for applications for licenses to export or reexport to Sudan certain items that are intended to ensure the safety of civil aviation or the safe operation of fixed- wing, commercial passenger aircraft. Such applications will now be reviewed under a general policy of approval rather than a general policy of denial. This rule also revises the review policy from a general policy of denial to a general policy of approval for applications for licenses to export or reexport to Sudan certain items for use to inspect, design, construct, operate, improve, maintain, repair, overhaul or refurbish railroads in Sudan. This rule does not create any new license requirements or remove any existing license requirements for exports or reexports to Sudan. BIS is making these licensing policy changes in connection with ongoing U.S.-Sudan bilateral engagement, and with the aim of enhancing the safety of Sudan's civil aviation and improving the country's railroads. This action takes into account the United States' goals to improve regional peace and security. This rule also removes two instances of ``contract sanctity dates'' pertaining to the export and reexport of certain items to Sudan from the EAR that currently serve no practical purpose. BIS is taking these actions in coordination with the Department of the Treasury's Office of Foreign Assets Control (OFAC), which is amending the Sudanese Sanctions Regulations.
2017-01-10RuleDEPARTMENT OF COMMERCECommerce DepartmentAddition of Certain Persons and Revisions to Entries on the Entity List; and Removal of a Person From the Entity ListThis rule amends the Export Administration Regulations (EAR) by adding five persons to the Entity List. The five persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or...2016-31833"https://www.gpo.gov/fdsys/pkg/FR-2017-01-10/pdf/2016-31833.pdfhttps://www.federalregister.gov/documents/2017/01/10/2016-31833/addition-of-certain-persons-and-revisions-to-entries-on-the-entity-list-and-removal-of-a-person-fromThis rule amends the Export Administration Regulations (EAR) by adding five persons to the Entity List. The five persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These five persons will be listed on the Entity List under the destination of Turkey. This final rule also removes one entity from the Entity List under the destination of India as the result of a request for removal received by BIS and a review of information provided in the removal request in accordance with the procedure for requesting removal or modification of an Entity List entity. Finally, this rule is also revising five existing entries in the Entity List, under the destinations of Armenia, Greece, Pakistan, Russia and the United Kingdom (U.K.). Four of these entries are modified to reflect the removal from the Entity List of the entity located in India. The license requirement for the entry under the destination of Russia is being revised to conform with a general license issued by the Department of the Treasury's Office of Foreign Assets Control on December 20, 2016.
2017-01-10RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions to the Export Administration Regulations (EAR): Control of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML)This final rule addresses issues raised in, and public comments on, the interim final rule that was published on May 13, 2014, as well as additional clarifications and corrections. The May 13 rule added controls to the Export Administration Regulations...2016-31755"https://www.gpo.gov/fdsys/pkg/FR-2017-01-10/pdf/2016-31755.pdfhttps://www.federalregister.gov/documents/2017/01/10/2016-31755/revisions-to-the-export-administration-regulations-ear-control-of-spacecraft-systems-and-relatedThis final rule addresses issues raised in, and public comments on, the interim final rule that was published on May 13, 2014, as well as additional clarifications and corrections. The May 13 rule added controls to the Export Administration Regulations (EAR) for spacecraft and related items that the President has determined no longer warrant control under United States Munitions List (USML) Category XV--spacecraft and related items. This is the third final rule BIS has published related to the May 13 rule and completes the regulatory action for the interim final rule. These changes were also informed by comments received in response to the May 13 rule that included a request for comments, as well as interagency discussions on how best to address the comments. The changes made in this final rule are grouped into four types of changes: Changes to address the movement of additional spacecraft and related items from the USML to the Commerce Control List (CCL), as a result of changes in aperture size for spacecraft that warrant ITAR control, in response to public comments and further U.S. Government review; changes to address the movement of the James Webb Space Telescope (JWST) from the USML to the CCL; other corrections and clarifications to the spacecraft interim final rule; and addition of .y items to Export Control Classification Number 9A515. This final rule is being published in conjunction with the publication of a Department of State, Directorate of Defense Trade Controls (DDTC) final rule, which makes changes, including corrections and clarifications, to the provisions adopted in the State Department's own May 13, 2014 rule. The State May 13 rule revised USML Category XV (22 CFR 121.1) to control those articles the President has determined warrant control on the USML. Both May 13 rules and the subsequent related rules are part of the President's Export Control Reform Initiative. This rule is also part of Commerce's retrospective regulatory review plan under Executive Order (EO) 13563 (see the SUPPLEMENTARY INFORMATION section of this rule for information on the availability of the plan).
2017-01-09Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentMallows Bay-Potomac River National Marine Sanctuary; Notice of Proposed Rulemaking and Availability of Draft Environmental Impact Statement and Management PlanThe National Oceanic and Atmospheric Administration (NOAA) proposes to designate approximately 52 square miles of waters encompassing and surrounding Maryland's Mallows Bay as the Mallows Bay--Potomac River National Marine Sanctuary (MPNMS or...2016-31742"https://www.gpo.gov/fdsys/pkg/FR-2017-01-09/pdf/2016-31742.pdfhttps://www.federalregister.gov/documents/2017/01/09/2016-31742/mallows-bay-potomac-river-national-marine-sanctuary-notice-of-proposed-rulemaking-and-availabilityThe National Oceanic and Atmospheric Administration (NOAA) proposes to designate approximately 52 square miles of waters encompassing and surrounding Maryland's Mallows Bay as the Mallows Bay--Potomac River National Marine Sanctuary (MPNMS or sanctuary). NOAA also proposes regulations to implement the sanctuary designation and establish the sanctuary's terms of designation to protect historical, archeological, and cultural resources of national significance. A draft environmental impact statement (DEIS) and draft management plan (DMP) have also been prepared for this proposed action. The purpose of this action is to supplement and complement current Maryland state regulations and resource protection efforts to ensure long term protection of the nationally significant collection of historic shipwrecks and other maritime cultural heritage resources. NOAA is soliciting public comment on the proposed rule, draft environmental impact statement, and draft management plan. NOAA will also begin consultations under Section 106 of the National Historic Preservation Act (NHPA) and solicit public comments specifically related to the identification and assessment of the historic properties within the affected area in compliance with Section 106 review process.
2017-01-09Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentWisconsin-Lake Michigan National Marine Sanctuary; Notice of Proposed Rulemaking and Availability of Draft Environmental Impact Statement and Management PlanThe National Oceanic and Atmospheric Administration (NOAA) is proposing to designate an area of 1,075 square miles of Wisconsin state waters as the Wisconsin--Lake Michigan National Marine Sanctuary (WLMNMS or sanctuary). NOAA also proposes regulations...2016-31741"https://www.gpo.gov/fdsys/pkg/FR-2017-01-09/pdf/2016-31741.pdfhttps://www.federalregister.gov/documents/2017/01/09/2016-31741/wisconsin-lake-michigan-national-marine-sanctuary-notice-of-proposed-rulemaking-and-availability-ofThe National Oceanic and Atmospheric Administration (NOAA) is proposing to designate an area of 1,075 square miles of Wisconsin state waters as the Wisconsin--Lake Michigan National Marine Sanctuary (WLMNMS or sanctuary). NOAA also proposes regulations to implement the sanctuary designation and establish the sanctuary's terms of designation. A draft environmental impact statement and draft management plan have also been prepared for this proposed action. The purpose of this action is to supplement current Wisconsin state regulations and resource protection efforts in a way that will ensure long term protection of the nationally significant collection of historic shipwrecks and other maritime heritage resources in the area. NOAA is soliciting public comment on the proposed rule, draft environmental impact statement (DEIS), and draft management plan (DMP). NOAA will also begin consultations under Section 106 of the National Historic Preservation Act (NHPA) and solicit public comments specifically related to the identification and assessment of the historic properties within the affected area in compliance with Section 106 review process.
2017-01-04RuleDEPARTMENT OF COMMERCECommerce DepartmentAddition of Certain Entities to the Entity ListThe Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding five entities to the Entity List. These five entities have been determined by the U.S. Government to be acting contrary to the national security or...2016-31969"https://www.gpo.gov/fdsys/pkg/FR-2017-01-04/pdf/2016-31969.pdfhttps://www.federalregister.gov/documents/2017/01/04/2016-31969/addition-of-certain-entities-to-the-entity-listThe Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding five entities to the Entity List. These five entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. BIS is taking this action in conjunction with the designations made by the Office of Foreign Asset Controls, Department of the Treasury, under amended Executive Order 13694. This final rule lists these entities on the Entity List under the destination of Russia.
2017-01-03Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentPublic Information, Freedom of Information Act and Privacy Act RegulationsThis rule proposes revisions to the Department of Commerce's (Department) regulations under the Privacy Act. The Department has issued a notice of its intent to establish a new system of records entitled ``COMMERCE/DEPARTMENT-27, Investigation and...2016-31314"https://www.gpo.gov/fdsys/pkg/FR-2017-01-03/pdf/2016-31314.pdfhttps://www.federalregister.gov/documents/2017/01/03/2016-31314/public-information-freedom-of-information-act-and-privacy-act-regulationsThis rule proposes revisions to the Department of Commerce's (Department) regulations under the Privacy Act. The Department has issued a notice of its intent to establish a new system of records entitled ``COMMERCE/DEPARTMENT-27, Investigation and Threat Management Records,'' which includes system exemptions from certain provisions of the Privacy Act. The Privacy Act regulations are being updated to make technical changes to the applicable exemptions as a result of the new system of records, COMMERCE/DEPARTMENT-27. The Privacy Act regulations are also being updated to reflect organization changes affecting the Department's officials authorized to deny requests for records under the Freedom of Information Act, and requests for records and for correction or amendment under the Privacy Act.
2016-12-28RuleDEPARTMENT OF COMMERCECommerce DepartmentCivil Monetary Penalty Adjustments for InflationThis final rule is being issued to adjust for inflation each civil monetary penalty (CMP) provided by law within the jurisdiction of the United States Department of Commerce (Department of Commerce). The Federal Civil Penalties Inflation Adjustment Act...2016-31292"https://www.gpo.gov/fdsys/pkg/FR-2016-12-28/pdf/2016-31292.pdfhttps://www.federalregister.gov/documents/2016/12/28/2016-31292/civil-monetary-penalty-adjustments-for-inflationThis final rule is being issued to adjust for inflation each civil monetary penalty (CMP) provided by law within the jurisdiction of the United States Department of Commerce (Department of Commerce). The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, requires the head of each agency to adjust for inflation its CMP levels in effect as of November 2, 2015, under a revised methodology that was effective for 2016 which provided for initial catch up adjustments for inflation in 2016, and under a revised methodology for each year thereafter. The initial catch up adjustments for inflation to CMPs to the Department of Commerce's CMPs were published in the Federal Register on June 7, 2016 and became effective July 7, 2016, and, as required, did not exceed 150 percent of the amount of the CMP on the date of enactment of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (November 2, 2015). The revised methodology for agencies for 2017 and each year thereafter provides for the improvement of the effectiveness of CMPs and to maintain their deterrent effect. Effective 2017, agencies' annual adjustments for inflation to CMPs shall take effect not later than January 15. The Department of Commerce's 2017 adjustments for inflation to CMPs apply only to CMPs with a dollar amount, and will not apply to CMPs written as functions of violations. The Department of Commerce's 2017 adjustments for inflation to CMPs apply only to those CMPs, including those whose associated violation predated such adjustment, which are assessed by the Department of Commerce after the effective date of the new CMP level.
2016-12-28RuleDEPARTMENT OF COMMERCECommerce DepartmentFisheries of the Exclusive Economic Zone Off Alaska; Allow the Use of Longline Pot Gear in the Gulf of Alaska Sablefish Individual Fishing Quota Fishery; Amendment 101NMFS issues regulations to implement Amendment 101 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA FMP) for the sablefish individual fishing quota (IFQ) fisheries in the Gulf of Alaska (GOA). This final rule authorizes the use...2016-31057"https://www.gpo.gov/fdsys/pkg/FR-2016-12-28/pdf/2016-31057.pdfhttps://www.federalregister.gov/documents/2016/12/28/2016-31057/fisheries-of-the-exclusive-economic-zone-off-alaska-allow-the-use-of-longline-pot-gear-in-the-gulfNMFS issues regulations to implement Amendment 101 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA FMP) for the sablefish individual fishing quota (IFQ) fisheries in the Gulf of Alaska (GOA). This final rule authorizes the use of longline pot gear in the GOA sablefish IFQ fishery. In addition, this final rule establishes management measures to minimize potential conflicts between hook-and-line and longline pot gear used in the sablefish IFQ fisheries in the GOA. This final rule also includes regulations developed under the Northern Pacific Halibut Act of 1982 (Halibut Act) to authorize harvest of halibut IFQ caught incidentally in longline pot gear used in the GOA sablefish IFQ fishery. This final rule is necessary to improve efficiency and provide economic benefits for the sablefish IFQ fleet and minimize potential fishery interactions with whales and seabirds. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Halibut Act, the GOA FMP, and other applicable laws.
2016-12-27RuleDEPARTMENT OF COMMERCECommerce DepartmentRussian Sanctions: Addition of Certain Entities to the Entity List, and Clarification of License Review PolicyThe Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding twenty-three entities to the Entity List. The twenty-three entities who are added to the Entity List have been determined by the U.S. Government to...2016-31124"https://www.gpo.gov/fdsys/pkg/FR-2016-12-27/pdf/2016-31124.pdfhttps://www.federalregister.gov/documents/2016/12/27/2016-31124/russian-sanctions-addition-of-certain-entities-to-the-entity-list-and-clarification-of-licenseThe Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding twenty-three entities to the Entity List. The twenty-three entities who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. BIS is taking this action to ensure the efficacy of existing sanctions on the Russian Federation (Russia) for violating international law and fueling the conflict in eastern Ukraine. These entities will be listed on the Entity List under the destinations of Russia and the Crimea region of Ukraine. In addition to the Entity List changes described above, this final rule revises the licensing policy in three sections of the Commerce Control List (CCL)-based controls in the EAR to clarify that BIS's review of license applications for exports, reexports and transfers (in-country) to Russia will take into account and protect U.S. national security interests.
2016-12-27RuleDEPARTMENT OF COMMERCECommerce DepartmentBurma: Amendment of the Export Administration Regulations Consistent With an Executive Order That Terminated U.S. Government's SanctionsIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) consistent with Executive Order 13742 of October 7, 2016. That Executive Order terminated the national emergency with respect to the actions and...2016-31208"https://www.gpo.gov/fdsys/pkg/FR-2016-12-27/pdf/2016-31208.pdfhttps://www.federalregister.gov/documents/2016/12/27/2016-31208/burma-amendment-of-the-export-administration-regulations-consistent-with-an-executive-order-thatIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) consistent with Executive Order 13742 of October 7, 2016. That Executive Order terminated the national emergency with respect to the actions and policies of the Government of Burma (Burma) and revoked several Burma-related Executive Orders in recognition of Burma's substantial advances to promote democracy, including historic elections held in November 2015 that resulted in the formation of a democratically elected, civilian-led government. Specifically, in this rule, BIS removes license requirements and other restrictions on exports, reexports or transfers (in country) of items subject to the EAR made to persons whose property and interests in property were blocked pursuant to three Burma-related Executive Orders that were revoked on October 7, 2016. Consistent with the revised U.S. policy toward Burma, this rule also moves Burma from Country Group D:1 to Country Group B, a less restrictive country group placement under the EAR.
2016-12-27RuleDEPARTMENT OF COMMERCECommerce DepartmentCommerce Control List: Updates Based on the 2015 and 2016 Nuclear Suppliers Group (NSG) Plenary Meetings; Conforming Changes and Corrections to Certain Nuclear Nonproliferation (NP) ControlsThe Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to reflect the understandings reached at the June 2015 Nuclear Suppliers Group (NSG) Plenary meeting held in Bariloche, Argentina,...2016-31120"https://www.gpo.gov/fdsys/pkg/FR-2016-12-27/pdf/2016-31120.pdfhttps://www.federalregister.gov/documents/2016/12/27/2016-31120/commerce-control-list-updates-based-on-the-2015-and-2016-nuclear-suppliers-group-nsg-plenaryThe Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to reflect the understandings reached at the June 2015 Nuclear Suppliers Group (NSG) Plenary meeting held in Bariloche, Argentina, and certain understandings reached at the 2016 NSG Plenary meeting held in Seoul, Republic of Korea. The amendments to the EAR based on the 2015 meeting address the nuclear nonproliferation (NP) controls that apply to certain centrifugal multiplane balancing machines described on the Commerce Control List (CCL). The amendments to the EAR based on the 2016 meeting address the NP controls that apply to certain linear displacement measuring systems identified on the CCL. This rule also makes additional changes to the description of these systems on the CCL to fully conform to their description on the NSG Annex. In addition, this rule corrects an error in the technical parameters of the CCL entry that describes certain radiation-hardened TV cameras (including lenses therefor) that are subject to NP controls.
2016-12-22Proposed RuleOFFICE OF THE UNITED STATES TRADE REPRESENTATIVETrade Representative, Office of United StatesPrivacy Act Policies and ProceduresAs part of a comprehensive review of agency practices related to the disclosure of records and information, the Office of the United States Trade Representative (USTR) is updating both its systems of records and implementing rule under the Privacy Act...2016-30495"https://www.gpo.gov/fdsys/pkg/FR-2016-12-22/pdf/2016-30495.pdfhttps://www.federalregister.gov/documents/2016/12/22/2016-30495/privacy-act-policies-and-proceduresAs part of a comprehensive review of agency practices related to the disclosure of records and information, the Office of the United States Trade Representative (USTR) is updating both its systems of records and implementing rule under the Privacy Act of 1974 (Privacy Act). This proposed rule describes how individuals can find out if a USTR system of records contains information about them and, if so, how to access or amend a record. The proposed rule would move the Privacy Act regulation from part 2005 into a new subpart C to part 2004. USTR previously renamed and reorganized part 2004 to include all of the rules governing disclosure of USTR records and information. Elsewhere in this issue of the Federal Register, USTR is publishing a notice concerning updates to its Privacy Act systems of records.
2016-12-16RuleDEPARTMENT OF COMMERCECommerce DepartmentImplementation of the February 2016 Australia Group (AG) Intersessional Decisions and the June 2016 AG Plenary UnderstandingsThe Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to implement the recommendations presented at the February 2016 Australia Group (AG) Intersessional Implementation Meeting, and...2016-30099"https://www.gpo.gov/fdsys/pkg/FR-2016-12-16/pdf/2016-30099.pdfhttps://www.federalregister.gov/documents/2016/12/16/2016-30099/implementation-of-the-february-2016-australia-group-ag-intersessional-decisions-and-the-june-2016-agThe Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to implement the recommendations presented at the February 2016 Australia Group (AG) Intersessional Implementation Meeting, and later adopted pursuant to the AG silent approval procedure, and the understandings reached at the June 2016 AG Plenary Implementation Meeting. This rule amends two Commerce Control List (CCL) entries to reflect the February 2016 Intersessional Implementation Meeting recommendations that were adopted by the AG. Specifically, this rule amends the CCL entry that controls certain human and zoonotic pathogens and toxins to reflect the AG updates to the nomenclature for certain bacteria and toxins identified on the AG ``List of Human and Animal Pathogens and Toxins for Export Control.'' In addition, this rule amends the CCL entry that controls equipment capable of handling biological materials to reflect the AG updates to the controls on cross (tangential) flow filtration equipment described on the AG ``Control List of Dual-Use Biological Equipment and Related Technology and Software.'' Consistent with the understandings adopted at the June 2016 AG Plenary Implementation Meeting that updated the AG ``List of Human and Animal Pathogens and Toxins for Export Control,'' this rule amends the CCL entry that controls certain human and zoonotic pathogens and toxins by removing dengue fever virus, updating the nomenclature of the listing for conotoxin, and consolidating the controls for Shiga toxin and Verotoxin (and other Shiga-like ribosome inactivating proteins) under a single listing. This rule also amends the CCL entry that controls equipment capable of handling biological materials by updating the controls on biological containment facilities and related equipment and the controls on fermenters, consistent with the AG Plenary Implementation Meeting updates to the AG ``Control List of Dual-Use Biological Equipment and Related Technology and Software.''
2016-12-15RuleDEPARTMENT OF COMMERCECommerce DepartmentAddition of Certain Persons to the Entity ListThis final rule amends the Export Administration Regulations (EAR) by adding seven persons to the Entity List. The seven persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security...2016-30061"https://www.gpo.gov/fdsys/pkg/FR-2016-12-15/pdf/2016-30061.pdfhttps://www.federalregister.gov/documents/2016/12/15/2016-30061/addition-of-certain-persons-to-the-entity-listThis final rule amends the Export Administration Regulations (EAR) by adding seven persons to the Entity List. The seven persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These seven persons will be listed on the Entity List under the destination of Pakistan.
2016-12-15RuleOFFICE OF THE UNITED STATES TRADE REPRESENTATIVETrade Representative, Office of United StatesFreedom of Information Act Policies and ProceduresThis rule amends the Office of the United States Trade Representative's (USTR) regulations under the Freedom of Information Act (FOIA). The final rule is a comprehensive update of the prior USTR implementing rule and describes in plain language how to...2016-29985"https://www.gpo.gov/fdsys/pkg/FR-2016-12-15/pdf/2016-29985.pdfhttps://www.federalregister.gov/documents/2016/12/15/2016-29985/freedom-of-information-act-policies-and-proceduresThis rule amends the Office of the United States Trade Representative's (USTR) regulations under the Freedom of Information Act (FOIA). The final rule is a comprehensive update of the prior USTR implementing rule and describes in plain language how to make a FOIA request to USTR and how the FOIA Office processes requests for records. The FOIA rule appears in subpart B to part 2004.
2016-12-13Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentProposed Amendment to the Puerto Rico Coastal Zone Management ProgramThe National Oceanic and Atmospheric Administration's (NOAA) Office for Coastal Management is requesting comments on the preliminary findings and draft environmental assessment for a request from the Commonwealth of Puerto Rico for approval of...2016-29842"https://www.gpo.gov/fdsys/pkg/FR-2016-12-13/pdf/2016-29842.pdfhttps://www.federalregister.gov/documents/2016/12/13/2016-29842/proposed-amendment-to-the-puerto-rico-coastal-zone-management-programThe National Oceanic and Atmospheric Administration's (NOAA) Office for Coastal Management is requesting comments on the preliminary findings and draft environmental assessment for a request from the Commonwealth of Puerto Rico for approval of amendments to the Puerto Rico Coastal Zone Management Program (PRCZMP). NOAA has determined that the amendments to the PRCZMP do not meet the requirements for approval. This determination is subject to change depending on public comments and further information that may be submitted by the Commonwealth. As part of its review of the amendments, NOAA developed a draft environmental assessment pursuant to the requirements of the National Environmental Policy Act for which comments are also requested.
2016-12-13RuleOFFICE OF THE UNITED STATES TRADE REPRESENTATIVETrade Representative, Office of United StatesProduction or Disclosure of Records, Information and Employee Testimony in Legal ProceedingsThis rule adds subparts A and D to part 2004 of the Office of the United States Trade Representative's (USTR) regulations. Subpart A contains definitions used throughout part 2004. Subpart D governs how USTR responds to official demands and informal...2016-29875"https://www.gpo.gov/fdsys/pkg/FR-2016-12-13/pdf/2016-29875.pdfhttps://www.federalregister.gov/documents/2016/12/13/2016-29875/production-or-disclosure-of-records-information-and-employee-testimony-in-legal-proceedingsThis rule adds subparts A and D to part 2004 of the Office of the United States Trade Representative's (USTR) regulations. Subpart A contains definitions used throughout part 2004. Subpart D governs how USTR responds to official demands and informal requests for records, information or employee testimony in connection with legal proceedings in which neither the United States nor USTR is a party. It includes the requirements and procedures for demanding or requesting parties to submit demands or requests, and factors for USTR to consider in determining whether USTR employees will provide records, information or testimony relating to their official duties.
2016-12-09RuleDEPARTMENT OF COMMERCECommerce DepartmentMagnuson-Stevens Fishery Conservation and Management Act; Seafood Import Monitoring ProgramPursuant to the Magnuson-Stevens Fishery Conservation and Management Act (MSA), this final rule establishes permitting, reporting and recordkeeping procedures relating to the importation of certain fish and fish products, identified as being at...2016-29324"https://www.gpo.gov/fdsys/pkg/FR-2016-12-09/pdf/2016-29324.pdfhttps://www.federalregister.gov/documents/2016/12/09/2016-29324/magnuson-stevens-fishery-conservation-and-management-act-seafood-import-monitoring-programPursuant to the Magnuson-Stevens Fishery Conservation and Management Act (MSA), this final rule establishes permitting, reporting and recordkeeping procedures relating to the importation of certain fish and fish products, identified as being at particular risk of illegal, unreported, and unregulated (IUU) fishing or seafood fraud, in order to implement the MSA's prohibition on the import and trade, in interstate or foreign commerce, of fish taken, possessed, transported or sold in violation of any foreign law or regulation or in contravention of a treaty or a binding conservation measure of a regional fishery organization to which the United States is a party. Collection of catch and landing documentation for certain fish and fish products will be accomplished through the government-wide International Trade Data System (ITDS) by electronic submission of data through the Automated Commercial Environment (ACE) maintained by the Department of Homeland Security, Customs and Border Protection (CBP). The information will be collected through the ITDS electronic single window consistent with the Safety and Accountability for Every (SAFE) Port Act of 2006 and other applicable statutes. Specifically, this rule revises an existing NMFS requirement for the importer of record to file electronically through ACE data prescribed under certain existing NMFS programs (and to retain records supporting such filings) to also cover the data required to be reported under this rule. This rule requires data to be reported on the harvest of fish and fish products. In addition, this rule requires retention of additional supply chain data by the importer of record and extends an existing NMFS requirement to obtain an annually renewable International Fisheries Trade Permit (IFTP) to the fish and fish products regulated under this rule. The information to be reported and retained, as applicable, under this rule will help authorities verify that the fish or fish products were lawfully acquired by providing information to trace each import shipment back to the initial harvest event(s). The rule will also decrease the incidence of seafood fraud by requiring the reporting of this information to the U.S. Government at import and requiring retention of documentation so that the information reported (e.g., regarding species and harvest location) can be verified.
2016-12-06RuleDEPARTMENT OF COMMERCECommerce DepartmentDelay of Discharge Requirements for U.S. Coast Guard Activities in Greater Farallones and Cordell Bank National Marine SanctuariesThe National Oceanic and Atmospheric Administration (NOAA) expanded the boundaries of Gulf of the Farallones National Marine Sanctuary (now renamed Greater Farallones National Marine Sanctuary or GFNMS) and Cordell Bank National Marine Sanctuary...2016-29234"https://www.gpo.gov/fdsys/pkg/FR-2016-12-06/pdf/2016-29234.pdfhttps://www.federalregister.gov/documents/2016/12/06/2016-29234/delay-of-discharge-requirements-for-us-coast-guard-activities-in-greater-farallones-and-cordell-bankThe National Oceanic and Atmospheric Administration (NOAA) expanded the boundaries of Gulf of the Farallones National Marine Sanctuary (now renamed Greater Farallones National Marine Sanctuary or GFNMS) and Cordell Bank National Marine Sanctuary (CBNMS) to an area north and west of their previous boundaries with a final rule published on March 12, 2015. The final rule entered into effect on June 9, 2015. At that time, NOAA postponed the effectiveness of the discharge requirements in both sanctuaries' regulations in the areas added to GFNMS and CBNMS boundaries in 2015 with regard to U.S. Coast Guard activities for 6 months. Since then, NOAA published two notices to extend the postponement of the discharge requirements to provide adequate time for completion of an environmental assessment, and subsequent rulemaking, as appropriate. This extension would end on December 9, 2016. This document extends the postponement of the discharge requirements for these activities for another 6 months for the same reasons.
2016-12-05RuleDEPARTMENT OF COMMERCECommerce DepartmentAmendment to the Export Administration Regulations: Removal of Semiconductor Manufacturing International Corporation From the List of Validated End-Users in the People's Republic of ChinaIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to remove one end-user from the list of validated end-users in the People's Republic of China (PRC). Specifically, BIS amends Supplement Number 7...2016-29057"https://www.gpo.gov/fdsys/pkg/FR-2016-12-05/pdf/2016-29057.pdfhttps://www.federalregister.gov/documents/2016/12/05/2016-29057/amendment-to-the-export-administration-regulations-removal-of-semiconductor-manufacturingIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to remove one end-user from the list of validated end-users in the People's Republic of China (PRC). Specifically, BIS amends Supplement Number 7 to part 748 of the EAR to remove the Semiconductor Manufacturing International Corporation (SMIC) as a validated end-user in the PRC. BIS makes this change at the company's request, and not in response to activities of concern.
2016-12-05RuleDEPARTMENT OF COMMERCECommerce DepartmentAmendment to the Export Administration Regulations: Removal of Special Iraq Reconstruction LicenseIn this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by removing the Special Iraq Reconstruction License (SIRL) from the EAR. This action furthers the objectives of the Retrospective...2016-29056"https://www.gpo.gov/fdsys/pkg/FR-2016-12-05/pdf/2016-29056.pdfhttps://www.federalregister.gov/documents/2016/12/05/2016-29056/amendment-to-the-export-administration-regulations-removal-of-special-iraq-reconstruction-licenseIn this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by removing the Special Iraq Reconstruction License (SIRL) from the EAR. This action furthers the objectives of the Retrospective Regulatory Review Initiative that directs BIS and other federal agencies to streamline regulations and reduce unnecessary regulatory burdens on the public. Specifically, the SIRL is outdated and seldom used by exporters, who now have more efficient options for exports and reexports to Iraq and transfers (in-country) in Iraq. This rule also makes conforming changes.
2016-12-01RuleDEPARTMENT OF COMMERCECommerce DepartmentTemporary Exports to Mexico Under License Exception TMPThis final rule aligns the time limit of License Exception Temporary Imports, Exports, Reexports, and Transfers (in-country) (TMP), which authorizes, among other things, certain temporary exports to Mexico, with the time limit of Mexico's Decree for...2016-28893"https://www.gpo.gov/fdsys/pkg/FR-2016-12-01/pdf/2016-28893.pdfhttps://www.federalregister.gov/documents/2016/12/01/2016-28893/temporary-exports-to-mexico-under-license-exception-tmpThis final rule aligns the time limit of License Exception Temporary Imports, Exports, Reexports, and Transfers (in-country) (TMP), which authorizes, among other things, certain temporary exports to Mexico, with the time limit of Mexico's Decree for the Promotion of Manufacturing, Maquiladora and Export Services (IMMEX) program. Currently, TMP allows for the temporary export and reexport of various items subject to the Export Administration Regulations (EAR), as long as the items are returned no later than one year after export, reexport, or transfer if not consumed or destroyed during the period of authorized use. Other than a four-year period for certain personal protective equipment, the one-year limit extends to all items shipped under license exception TMP. However, the one-year period does not align with the time constraints of Mexico's IMMEX program, which allows imports of items for manufacturing operations on a time limit that may exceed 18 months. This rule amends TMP to complement the timeline of the IMMEX program. Under this amendment, items temporarily exported or reexported under license exception TMP and imported under the provisions of the IMMEX program would be authorized to remain in Mexico for up to four years from the date of export or reexport.
2016-11-25RuleDEPARTMENT OF COMMERCECommerce DepartmentCommerce Control List: Removal of Certain Nuclear Nonproliferation (NP) Column 2 ControlsThe Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to remove nuclear nonproliferation (NP) Column 2 license requirements from certain pressure tubes, pipes, fittings, pipe valves,...2016-28039"https://www.gpo.gov/fdsys/pkg/FR-2016-11-25/pdf/2016-28039.pdfhttps://www.federalregister.gov/documents/2016/11/25/2016-28039/commerce-control-list-removal-of-certain-nuclear-nonproliferation-np-column-2-controlsThe Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to remove nuclear nonproliferation (NP) Column 2 license requirements from certain pressure tubes, pipes, fittings, pipe valves, pumps, numerically controlled machine tools, oscilloscopes, and transient recorders on the Commerce Control List (CCL). These changes are intended to revise the EAR controls on these items by making them more consistent with the export controls of other countries that manufacture these items and that, together with the United States, are participating countries in the Nuclear Suppliers Group (NSG). As a result of the changes made by this rule, some of these items are no longer listed under an Export Control Classification Number (ECCN) on the CCL. However, such items remain subject to the EAR under the designation EAR99. This rule also creates four new ECCNs to maintain anti-terrorism (AT) controls on certain affected commodities and related ``software'' and ``technology.'' All items subject to the EAR, regardless of whether they are listed on the CCL, may require a license for reasons described elsewhere in the EAR (e.g., license requirements based on end-user/end-use controls, embargoes, or other special controls).
2016-11-23RuleDEPARTMENT OF COMMERCECommerce DepartmentFisheries Off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Commercial Sablefish Fishing Regulations and Electronic Fish TicketsThis final rule revises fishery monitoring and equipment requirements for all commercial groundfish fisheries. In particular, it establishes a requirement for submitting electronic fish tickets (EFT) in the limited entry fixed gear fisheries and open...2016-28153"https://www.gpo.gov/fdsys/pkg/FR-2016-11-23/pdf/2016-28153.pdfhttps://www.federalregister.gov/documents/2016/11/23/2016-28153/fisheries-off-west-coast-states-pacific-coast-groundfish-fishery-management-plan-commercialThis final rule revises fishery monitoring and equipment requirements for all commercial groundfish fisheries. In particular, it establishes a requirement for submitting electronic fish tickets (EFT) in the limited entry fixed gear fisheries and open access fisheries. This final rule also: revises administrative procedures for limited entry permits, providing greater flexibility and efficiencies for limited entry groundfish fishery participants; requires vessels registered to Vessel Monitoring Systems (VMS) to make an initial declaration report; and makes administrative changes and clarifying edits to improve consistency of the regulations with past Pacific Fishery Management Council (Council) actions and with the Pacific Coast Groundfish Fishery Management Plan (FMP). This action improves monitoring and administration of the limited entry sablefish primary fishery, and addresses unforeseen issues arising out of the evolution of commercial sablefish fisheries and subsequent regulations.
2016-11-23RuleDEPARTMENT OF COMMERCECommerce DepartmentFisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Management Area; American Fisheries Act; Amendment 113NMFS issues this final rule to implement Amendment 113 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). This final rule modifies the management of Bering Sea and Aleutian Islands (BSAI) Pacific...2016-28152"https://www.gpo.gov/fdsys/pkg/FR-2016-11-23/pdf/2016-28152.pdfhttps://www.federalregister.gov/documents/2016/11/23/2016-28152/fisheries-of-the-exclusive-economic-zone-off-alaska-bering-sea-and-aleutian-islands-management-areaNMFS issues this final rule to implement Amendment 113 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). This final rule modifies the management of Bering Sea and Aleutian Islands (BSAI) Pacific cod fishery to set aside a portion of the Aleutian Islands Pacific cod total allowable catch for harvest by vessels directed fishing for Aleutian Islands Pacific cod and delivering their catch for processing to a shoreside processor located on land west of 170[deg] W. longitude in the Aleutian Islands (``Aleutian Islands shoreplant''). The harvest set-aside applies only if specific notification and performance requirements are met, and only during the first few months of the fishing year. This harvest set-aside provides the opportunity for vessels, Aleutian Islands shoreplants, and the communities where Aleutian Islands shoreplants are located to receive benefits from a portion of the Aleutian Islands Pacific cod fishery. The notification and performance requirements preserve an opportunity for the complete harvest of the BSAI Pacific cod resource if the set-aside is not fully harvested. This final rule is intended to promote the goals and objectives of Amendment 113, the FMP, the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable laws.
2016-11-21RuleDEPARTMENT OF COMMERCECommerce DepartmentClarifications and Revisions to Military Aircraft, Gas Turbine Engines and Related Items License RequirementsThis rule modifies the Commerce Control List (CCL) entries for two types of items: Military aircraft and related items, and military gas turbine engines and related items. The rule adds clarifying text to the descriptions of the types of military...2016-27777"https://www.gpo.gov/fdsys/pkg/FR-2016-11-21/pdf/2016-27777.pdfhttps://www.federalregister.gov/documents/2016/11/21/2016-27777/clarifications-and-revisions-to-military-aircraft-gas-turbine-engines-and-related-items-licenseThis rule modifies the Commerce Control List (CCL) entries for two types of items: Military aircraft and related items, and military gas turbine engines and related items. The rule adds clarifying text to the descriptions of the types of military aircraft controlled on the CCL. The lists of items that are subject only to the anti-terrorism reason for control are clarified and expanded. This rule, which is being published simultaneously with a rule by the Department of State, is based on a review of Categories VIII and XIX of the United States Munitions List (USML). This rule and the related Department of State rule are part of a plan to review rules published as part of the Export Control Reform Initiative (ECRI). This rule also furthers the retrospective regulatory review directed by the President in Executive Order 13563.
2016-11-18RuleDEPARTMENT OF COMMERCECommerce DepartmentTemporary General License: Extension of ValidityOn March 24, 2016, the Bureau of Industry and Security (BIS) published a final rule, Temporary General License. The March 24 final rule created a temporary general license that restored, for a specified time period, the licensing requirements and...2016-27772"https://www.gpo.gov/fdsys/pkg/FR-2016-11-18/pdf/2016-27772.pdfhttps://www.federalregister.gov/documents/2016/11/18/2016-27772/temporary-general-license-extension-of-validityOn March 24, 2016, the Bureau of Industry and Security (BIS) published a final rule, Temporary General License. The March 24 final rule created a temporary general license that restored, for a specified time period, the licensing requirements and policies under the Export Administration Regulations (EAR) for exports, reexports, and transfers (in-country) as of March 7, 2016, to two entities (ZTE Corporation and ZTE Kangxun) that were added to the Entity List on March 8, 2016. At this time, the U.S. Government has decided to extend the temporary general license until February 27, 2017. In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of November 28, 2016, and to substitute the date of February 27, 2017. This final rule makes no other changes to the EAR.
2016-11-09RuleDEPARTMENT OF COMMERCECommerce DepartmentUpdated Statements of Legal Authority for the Export Administration RegulationsThis rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite the most recent Presidential notice continuing an emergency declared pursuant to the International Emergency...2016-27017"https://www.gpo.gov/fdsys/pkg/FR-2016-11-09/pdf/2016-27017.pdfhttps://www.federalregister.gov/documents/2016/11/09/2016-27017/updated-statements-of-legal-authority-for-the-export-administration-regulationsThis rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite the most recent Presidential notice continuing an emergency declared pursuant to the International Emergency Economic Powers Act. This is a non-substantive rule that only updates authority paragraphs of the EAR. It does not alter any right, obligation or prohibition that applies to any person under the EAR.
2016-11-08Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentChanges to the Coastal Zone Management Act Program Change ProceduresThe National Oceanic and Atmospheric Administration (NOAA) wants to provide states and NOAA with a more efficient process for making changes to state coastal management programs (``management programs''). NOAA proposes to revise the Coastal Zone...2016-26680"https://www.gpo.gov/fdsys/pkg/FR-2016-11-08/pdf/2016-26680.pdfhttps://www.federalregister.gov/documents/2016/11/08/2016-26680/changes-to-the-coastal-zone-management-act-program-change-proceduresThe National Oceanic and Atmospheric Administration (NOAA) wants to provide states and NOAA with a more efficient process for making changes to state coastal management programs (``management programs''). NOAA proposes to revise the Coastal Zone Management Act (CZMA) program change regulations and associated guidance (Program Change Guidance (July 1996) and Addendum (November 2013)) within our regulations. Under the CZMA, a coastal state may not implement any amendment, modification, or other change as part of its approved management program unless the amendment, modification, or other change is approved by the Secretary of Commerce under this subsection. Once NOAA approves the incorporation of a change into a management program, any new or amended management program enforceable policies are applied to federal actions through the CZMA federal consistency provision. This proposed rule addresses the issues raised in NOAA's Advanced Notice of Proposed Rulemaking, 73 FR 29093 (May 20, 2008) (ANPR) to: Provide a more efficient process for states and NOAA to make changes to state management programs; remove unnecessary requirements in the current regulations; establish program change documentation that all states would adhere to; continue to ensure that federal agencies and the public have an opportunity to comment to NOAA on a state's proposed change to its management program; and comply with the requirements of the CZMA and other applicable federal law. The proposed rule also addresses comments submitted on the ANPR.
2016-11-04RuleDEPARTMENT OF COMMERCECommerce DepartmentAmendments to the Export Administration Regulations: Update of Arms Embargoes on Cote d'Ivoire, Liberia, Sri Lanka and Vietnam, and Recognition of India as Member of the Missile Technology Control RegimeIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement changes in controls on arms and related materiel to Cote d'Ivoire, Liberia, Sri Lanka, and Vietnam. BIS also updates the EAR to...2016-26535"https://www.gpo.gov/fdsys/pkg/FR-2016-11-04/pdf/2016-26535.pdfhttps://www.federalregister.gov/documents/2016/11/04/2016-26535/amendments-to-the-export-administration-regulations-update-of-arms-embargoes-on-cote-divoire-liberiaIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement changes in controls on arms and related materiel to Cote d'Ivoire, Liberia, Sri Lanka, and Vietnam. BIS also updates the EAR to recognize the accession of India as a member of the Missile Technology Control Regime (MTCR).
2016-10-24RuleDEPARTMENT OF COMMERCECommerce DepartmentTechnology Innovation-Personnel ExchangesThis final rule clarifies the appropriate use of Cooperative Research and Development Agreement (CRADA) authority by a Federal laboratory for personnel exchanges where the Federal laboratory has an existing relationship with the potential partner...2016-25355"https://www.gpo.gov/fdsys/pkg/FR-2016-10-24/pdf/2016-25355.pdfhttps://www.federalregister.gov/documents/2016/10/24/2016-25355/technology-innovation-personnel-exchangesThis final rule clarifies the appropriate use of Cooperative Research and Development Agreement (CRADA) authority by a Federal laboratory for personnel exchanges where the Federal laboratory has an existing relationship with the potential partner through another legal mechanism, as well as in the context of joint research projects or the development of existing laboratory technology, and through use of the General Services Administration's Presidential Innovation Fellows program for Federal laboratory Entrepreneur-In-Residence programs. Another objective of this rulemaking is to remove outdated regulations addressing the licensing of inventions owned by the Department of Commerce.
2016-10-20RuleDEPARTMENT OF COMMERCECommerce DepartmentDirect Investment Surveys: BE-13, Survey of New Foreign Direct Investment in the United States, and Changes to Private Fund Reporting on Direct Investment SurveysThe final rule amends regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to set forth the reporting requirements for the BE-13, Survey of New Foreign Direct Investment in the United States. This rule also amends the reporting...2016-25208"https://www.gpo.gov/fdsys/pkg/FR-2016-10-20/pdf/2016-25208.pdfhttps://www.federalregister.gov/documents/2016/10/20/2016-25208/direct-investment-surveys-be-13-survey-of-new-foreign-direct-investment-in-the-united-states-andThe final rule amends regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to set forth the reporting requirements for the BE-13, Survey of New Foreign Direct Investment in the United States. This rule also amends the reporting requirements for certain private funds on BEA's surveys of foreign direct investment in the United States, including the BE-605, Quarterly Survey of Foreign Direct Investment in the United States; the BE-15, Annual Survey of Foreign Direct Investment in the United States; and the BE-13, Survey of New Foreign Direct Investment in the United States. The BE-13 survey collects information on the acquisition or establishment of U.S. business enterprises by foreign investors, and information on expansions by existing U.S. affiliates of foreign companies. The data collected through the survey are used to measure the amount of new foreign direct investment in the United States and ensure complete coverage of BEA's other foreign direct investment statistics. BEA will make several changes to the survey that will simplify reporting and provide more complete information for use in BEA's direct investment statistics. BEA will also change the survey form design and accompanying instructions to improve the quality of the data collected and reduce respondent burden. This mandatory BE-13 survey is required from persons subject to the reporting requirements, whether or not they are contacted by BEA.
2016-10-17RuleDEPARTMENT OF COMMERCECommerce DepartmentCuba: Revisions to License ExceptionsThis rule amends a license exception to allow cargo aboard aircraft to transit Cuba when that cargo is bound for destinations other than Cuba. This rule also authorizes export and reexport of certain items sold directly to individuals in Cuba under a...2016-25034"https://www.gpo.gov/fdsys/pkg/FR-2016-10-17/pdf/2016-25034.pdfhttps://www.federalregister.gov/documents/2016/10/17/2016-25034/cuba-revisions-to-license-exceptionsThis rule amends a license exception to allow cargo aboard aircraft to transit Cuba when that cargo is bound for destinations other than Cuba. This rule also authorizes export and reexport of certain items sold directly to individuals in Cuba under a license exception. Finally, this rule revises the lists of ineligible Cuban officials for purposes of certain license exceptions. BIS is publishing this rule to further implement the administration's policy of increasing engagement and commerce that benefits the Cuban people.
2016-10-14RuleDEPARTMENT OF COMMERCECommerce DepartmentAmendments to the Export Administration Regulations: Reporting Requirements Optional Electronic Filing of Reports of Requests for Restrictive Trade Practice or BoycottIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to permit electronic submission as an additional method available to United States persons for reporting requests they receive to take certain...2016-24831"https://www.gpo.gov/fdsys/pkg/FR-2016-10-14/pdf/2016-24831.pdfhttps://www.federalregister.gov/documents/2016/10/14/2016-24831/amendments-to-the-export-administration-regulations-reporting-requirements-optional-electronicIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to permit electronic submission as an additional method available to United States persons for reporting requests they receive to take certain actions in furtherance or support of an unsanctioned foreign boycott, as required under the restrictive trade practices or boycotts provisions of the EAR. These amendments are administrative changes to those provisions' reporting requirements, which currently permit reporting of such requests solely by mail. BIS is making these amendments consistent with U.S. Government policy to modernize regulatory requirements and promote efficiency. This rule also makes conforming regulatory changes.
2016-10-13RuleDEPARTMENT OF COMMERCECommerce DepartmentFisheries of the Exclusive Economic Zone off Alaska; Modifications to Recordkeeping and Reporting RequirementsNMFS issues regulations to modify the recordkeeping and reporting requirements for the groundfish fisheries in the Gulf of Alaska and the Bering Sea/Aleutian Islands management areas. This rule is organized into four actions. Under the first action,...2016-24457"https://www.gpo.gov/fdsys/pkg/FR-2016-10-13/pdf/2016-24457.pdfhttps://www.federalregister.gov/documents/2016/10/13/2016-24457/fisheries-of-the-exclusive-economic-zone-off-alaska-modifications-to-recordkeeping-and-reportingNMFS issues regulations to modify the recordkeeping and reporting requirements for the groundfish fisheries in the Gulf of Alaska and the Bering Sea/Aleutian Islands management areas. This rule is organized into four actions. Under the first action, NMFS implements a requirement for tender vessel operators to use the applications software ``tLandings'' to prepare electronic landing reports. This action is necessary to improve timeliness and reliability of landing reports for catcher vessels delivering to tender vessels for use in catch accounting and inseason management. Under the second action, NMFS modifies the definition of a buying station. This action is necessary to clarify the different requirements that apply to tender vessels and land-based buying stations. Under the third action, NMFS removes the requirement for buying stations to complete the buying station report because this report is no longer necessary. Under the fourth action, NMFS revises the definition of a mothership to remove unnecessary formatting without changing the substance of the definition. This final rule is intended to promote the goals and objectives of the Magnuson- Stevens Fishery Conservation and Management Act, the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP), the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA FMP), and other applicable laws.
2016-10-12RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions to the Export Administration Regulations (EAR): Control of Fire Control, Laser, Imaging, and Guidance Equipment the President Determines No Longer Warrant Control Under the United States Munitions List (USML)This final rule describes how articles the President determines no longer warrant control under Category XII (Fire Control, Laser, Imaging, and Guidance Equipment) of the United States Munitions List (USML) of the International Traffic in Arms...2016-24220"https://www.gpo.gov/fdsys/pkg/FR-2016-10-12/pdf/2016-24220.pdfhttps://www.federalregister.gov/documents/2016/10/12/2016-24220/revisions-to-the-export-administration-regulations-ear-control-of-fire-control-laser-imaging-andThis final rule describes how articles the President determines no longer warrant control under Category XII (Fire Control, Laser, Imaging, and Guidance Equipment) of the United States Munitions List (USML) of the International Traffic in Arms Regulations (ITAR) will be controlled under the Commerce Control List (CCL) of the Export Administration Regulations (EAR) by amending Export Control Classification Number (ECCN) 7A611 and creating new ``600 series'' ECCNs 7B611, 7D611, and 7E611. In addition, for certain dual-use infrared detection items, this final rule expands controls for certain software and technology, eliminates the use of some license exceptions, revises licensing policy, and expands license requirements for certain transactions involving military end users or foreign military commodities. This final rule also harmonizes provisions within the EAR by revising controls related to certain quartz rate sensors.
2016-09-30RuleDEPARTMENT OF COMMERCECommerce DepartmentFisheries of the Exclusive Economic Zone Off Alaska; Observer Coverage Requirements for Bering Sea and Aleutian Islands Management Area Trawl Catcher VesselsNMFS issues regulations to modify observer coverage requirements for catcher vessels participating in the trawl limited access fisheries in the Bering Sea and Aleutian Islands management area (BSAI). This final rule allows the owner of a trawl catcher...2016-23536"https://www.gpo.gov/fdsys/pkg/FR-2016-09-30/pdf/2016-23536.pdfhttps://www.federalregister.gov/documents/2016/09/30/2016-23536/fisheries-of-the-exclusive-economic-zone-off-alaska-observer-coverage-requirements-for-bering-seaNMFS issues regulations to modify observer coverage requirements for catcher vessels participating in the trawl limited access fisheries in the Bering Sea and Aleutian Islands management area (BSAI). This final rule allows the owner of a trawl catcher vessel to request, on an annual basis, that NMFS place the vessel in the full observer coverage category for all directed fishing for groundfish using trawl gear in the BSAI in the following calendar year. These regulations are necessary to relieve vessel owners who request full observer coverage of the reporting requirements and observer fee liability associated with the partial observer coverage category. Additionally, this final rule makes minor technical corrections to observer program regulations. This final rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP), and other applicable laws.
2016-09-23Proposed RuleOFFICE OF THE UNITED STATES TRADE REPRESENTATIVETrade Representative, Office of United StatesFreedom of Information Act Policies and ProceduresAs part of a comprehensive review of agency practices related to the disclosure of records and information, the Office of the United States Trade Representative (USTR) is updating its implementing rule under the Freedom of Information Act (FOIA). The...2016-22863"https://www.gpo.gov/fdsys/pkg/FR-2016-09-23/pdf/2016-22863.pdfhttps://www.federalregister.gov/documents/2016/09/23/2016-22863/freedom-of-information-act-policies-and-proceduresAs part of a comprehensive review of agency practices related to the disclosure of records and information, the Office of the United States Trade Representative (USTR) is updating its implementing rule under the Freedom of Information Act (FOIA). The proposed rule, which is modeled after a template provided by the U.S. Department of Justice, describes how to make a FOIA request to USTR and how the FOIA Office, which includes the USTR officials who are authorized to work on FOIA requests, processes requests for records. We are in the process of renaming and reorganizing part 2004 to include all of the rules governing disclosure of USTR records and information, and with this proposed rule, we are moving the FOIA rule into a new subpart B to part 2004.
2016-09-22Proposed RuleOFFICE OF THE UNITED STATES TRADE REPRESENTATIVETrade Representative, Office of United StatesProduction or Disclosure of Records, Information and Employee Testimony in Legal ProceedingsThe Office of the United States Trade Representative (USTR) is renaming and reorganizing part 2004 to include all of the rules governing disclosure of records and information by USTR. Part 2004 will include four subparts--subpart A will contain...2016-22864"https://www.gpo.gov/fdsys/pkg/FR-2016-09-22/pdf/2016-22864.pdfhttps://www.federalregister.gov/documents/2016/09/22/2016-22864/production-or-disclosure-of-records-information-and-employee-testimony-in-legal-proceedingsThe Office of the United States Trade Representative (USTR) is renaming and reorganizing part 2004 to include all of the rules governing disclosure of records and information by USTR. Part 2004 will include four subparts--subpart A will contain definitions used throughout part 2004, subpart B will implement the Freedom of Information Act, subpart C will implement the Privacy Act of 1974, and subpart D will govern how USTR responds to official demands and informal requests for records, information or employee testimony in connection with legal proceedings in which neither the United States nor USTR is a party. This proposed rule would establish subpart A, which contains definitions used throughout part 2004, and subpart D, which includes the requirements and procedures for demanding or requesting parties to submit demands or requests, and factors for USTR to consider in determining whether USTR employees will provide records, information or testimony relating to their official duties.
2016-09-20RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions to the Entity ListThis final rule amends the Export Administration Regulations (EAR) by revising the license requirement to apply to all items subject to the EAR for twelve Chinese entities on the Entity List. These revisions are made in order to address national...2016-21543"https://www.gpo.gov/fdsys/pkg/FR-2016-09-20/pdf/2016-21543.pdfhttps://www.federalregister.gov/documents/2016/09/20/2016-21543/revisions-to-the-entity-listThis final rule amends the Export Administration Regulations (EAR) by revising the license requirement to apply to all items subject to the EAR for twelve Chinese entities on the Entity List. These revisions are made in order to address national security concerns resulting from the removal of certain subparagraphs of Export Control Classification Numbers (ECCNs) 5A992, 5D992 and 5E992 that occurs in the 2015 Wassenaar Implementation rule, which is also published elsewhere in this issue of the Federal Register. This rule also brings the general Entity List license requirements, policies and procedures under a single section of the EAR to assist the public to better locate and comply with these regulations.
2016-09-20RuleDEPARTMENT OF COMMERCECommerce DepartmentWassenaar Arrangement 2015 Plenary Agreements Implementation, Removal of Foreign National Review Requirements, and Information Security UpdatesThe Bureau of Industry and Security (BIS) maintains, as part of its Export Administration Regulations (EAR), the Commerce Control List (CCL), which identifies certain items subject to Department of Commerce jurisdiction. This final rule revises the...2016-21544"https://www.gpo.gov/fdsys/pkg/FR-2016-09-20/pdf/2016-21544.pdfhttps://www.federalregister.gov/documents/2016/09/20/2016-21544/wassenaar-arrangement-2015-plenary-agreements-implementation-removal-of-foreign-national-reviewThe Bureau of Industry and Security (BIS) maintains, as part of its Export Administration Regulations (EAR), the Commerce Control List (CCL), which identifies certain items subject to Department of Commerce jurisdiction. This final rule revises the CCL, as well as corresponding parts of the EAR, to implement changes made to the Wassenaar Arrangement's List of Dual-Use Goods and Technologies (WA List) maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement, or WA) at the December 2015 WA Plenary Meeting (the Plenary). The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability. This rule harmonizes the CCL with the changes made to the WA List at the Plenary by revising Export Control Classification Numbers (ECCNs) controlled for national security reasons in each category of the CCL, as well as making other associated changes to the EAR. The changes to the WA List include raising the Adjusted Peak Performance (APP) for high performance computers. The President's report for High Performance Computers was sent to Congress on June 1, 2016, to set forth the new APP in accordance with the National Defense Authorization Act (NDAA) for FY1998. This rule also makes changes to the EAR that were not agreed to at the WA Plenary. APP parameters are amended in several places in the EAR by this rule, such as APP parameters in the de minimis rules, License Exception APP, and related reporting requirements. BIS is also updating license requirements and policies associated with Category 5--Part 2, including revising Export Control Classification Numbers 5A992, 5D992 and 5E992. In addition, this rule removes the Foreign National Review requirement associated with deemed exports under License Exceptions APP and CIV.
2016-09-07RuleDEPARTMENT OF COMMERCECommerce DepartmentRussian Sanctions: Addition of Certain Entities to the Entity ListThe Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding eighty-one entities under eighty-six entries to the Entity List. The eighty-one entities who are added to the Entity List have been determined by the...2016-21431"https://www.gpo.gov/fdsys/pkg/FR-2016-09-07/pdf/2016-21431.pdfhttps://www.federalregister.gov/documents/2016/09/07/2016-21431/russian-sanctions-addition-of-certain-entities-to-the-entity-listThe Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding eighty-one entities under eighty-six entries to the Entity List. The eighty-one entities who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. BIS is taking this action to ensure the efficacy of existing sanctions on the Russian Federation (Russia) for violating international law and fueling the conflict in eastern Ukraine. These entities will be listed on the Entity List under the destinations of the Crimea region of Ukraine, Hong Kong, India, and Russia.
2016-09-06RuleDEPARTMENT OF COMMERCECommerce DepartmentAmendments to Existing Validated End-User Authorization in the People's Republic of China: Boeing Tianjin Composites Co. Ltd.In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing Validated End-User (VEU) list for the People's Republic of China (PRC) by updating the list of eligible destinations...2016-21333"https://www.gpo.gov/fdsys/pkg/FR-2016-09-06/pdf/2016-21333.pdfhttps://www.federalregister.gov/documents/2016/09/06/2016-21333/amendments-to-existing-validated-end-user-authorization-in-the-peoples-republic-of-china-boeingIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing Validated End-User (VEU) list for the People's Republic of China (PRC) by updating the list of eligible destinations (facilities) for VEU Boeing Tianjin Composites Co. Ltd. (BTC). Specifically, BIS amends supplement No. 7 to part 748 of the EAR to change the written address of BTC's existing facility. The physical location of the facility has not changed. BIS updated the facility address after receiving notification of the change from BTC. The End-User Review Committee reviewed and authorized the amendment in accordance with established procedures. The updated address contributes to maintaining accurate location information for BTC's VEU.
2016-09-01RuleDEPARTMENT OF COMMERCECommerce DepartmentUpdated Statements of Legal Authority for the Export Administration RegulationsThis rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite the most recent Presidential notice extending an emergency declared pursuant to the International Emergency...2016-21031"https://www.gpo.gov/fdsys/pkg/FR-2016-09-01/pdf/2016-21031.pdfhttps://www.federalregister.gov/documents/2016/09/01/2016-21031/updated-statements-of-legal-authority-for-the-export-administration-regulationsThis rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite the most recent Presidential notice extending an emergency declared pursuant to the International Emergency Economic Powers Act. This is a procedural rule that only updates authority paragraphs of the EAR. It does not alter any right, obligation or prohibition that applies to any person under the EAR.
2016-08-23RuleDEPARTMENT OF COMMERCECommerce DepartmentAddition of Certain Persons to the Entity ListThis final rule amends the Export Administration Regulations (EAR) by adding ten persons under fourteen entries to the Entity List. The ten persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to...2016-20142"https://www.gpo.gov/fdsys/pkg/FR-2016-08-23/pdf/2016-20142.pdfhttps://www.federalregister.gov/documents/2016/08/23/2016-20142/addition-of-certain-persons-to-the-entity-listThis final rule amends the Export Administration Regulations (EAR) by adding ten persons under fourteen entries to the Entity List. The ten persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These ten persons will be listed on the Entity List under the destinations of Iraq, the Philippines, Syria, and Turkey.
2016-08-23Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentTemporary Exports to Mexico Under License Exception TMPThis proposed rule would align the time limit of License Exception Temporary Imports, Exports, Reexports, and Transfers (in- country) (TMP), which authorizes, among other things, certain temporary exports to Mexico, with the time limit of Mexico's...2016-19670"https://www.gpo.gov/fdsys/pkg/FR-2016-08-23/pdf/2016-19670.pdfhttps://www.federalregister.gov/documents/2016/08/23/2016-19670/temporary-exports-to-mexico-under-license-exception-tmpThis proposed rule would align the time limit of License Exception Temporary Imports, Exports, Reexports, and Transfers (in- country) (TMP), which authorizes, among other things, certain temporary exports to Mexico, with the time limit of Mexico's Decree for the Promotion of Manufacturing, Maquiladora and Export Services (IMMEX) program. Currently, TMP allows for the temporary export and reexport of various items subject to the Export Administration Regulations (EAR), as long as the items are returned no later than one year after export, reexport, or transfer if not consumed or destroyed during the period of authorized use. Other than a four-year period for certain personal protective equipment, the one-year limit extends to all items shipped under license exception TMP. However, the one-year period does not align with the time constraints of Mexico's IMMEX program, which allows imports of items for manufacturing operations on a time limit that may exceed 18 months. This rule proposes to amend TMP to complement the timeline of the IMMEX program. Under this proposed amendment, items temporarily exported or reexported under license exception TMP and imported under the provisions of the IMMEX program would be authorized to remain in Mexico for up to four years from the date of export or reexport.
2016-08-19RuleDEPARTMENT OF COMMERCECommerce DepartmentTemporary General License: Extension of ValidityOn March 24, 2016, the Bureau of Industry and Security (BIS) published a final rule, Temporary General License. The March 24 final rule created a temporary general license that restored, for a specified time period, the licensing requirements and...2016-19828"https://www.gpo.gov/fdsys/pkg/FR-2016-08-19/pdf/2016-19828.pdfhttps://www.federalregister.gov/documents/2016/08/19/2016-19828/temporary-general-license-extension-of-validityOn March 24, 2016, the Bureau of Industry and Security (BIS) published a final rule, Temporary General License. The March 24 final rule created a temporary general license that restored, for a specified time period, the licensing requirements and policies under the Export Administration Regulations (EAR) for exports, reexports, and transfers (in-country) as of March 7, 2016, to two entities (ZTE Corporation and ZTE Kangxun) that were added to the Entity List on March 8, 2016. At this time, the U.S. Government has decided to extend the temporary general license until November 28, 2016. In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of August 30, 2016, and to substitute the date of November 28, 2016. This final rule makes no other changes to the EAR.
2016-08-17RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions to the Export Administration Regulations (EAR): Harmonization of the Destination Control StatementsThis final rule implements changes that were proposed on May 22, 2015, in a proposed rule entitled Revisions to the Export Administration Regulations (EAR): Harmonization of the Destination Control Statements. This final rule revises the destination...2016-19551"https://www.gpo.gov/fdsys/pkg/FR-2016-08-17/pdf/2016-19551.pdfhttps://www.federalregister.gov/documents/2016/08/17/2016-19551/revisions-to-the-export-administration-regulations-ear-harmonization-of-the-destination-controlThis final rule implements changes that were proposed on May 22, 2015, in a proposed rule entitled Revisions to the Export Administration Regulations (EAR): Harmonization of the Destination Control Statements. This final rule revises the destination control statement in Sec. 758.6 of the Export Administration Regulations (EAR) to harmonize the statement required for the export of items subject to the EAR with the destination control statement in Sec. 123.9(b)(1) of the International Traffic in Arms Regulations (ITAR).
2016-08-15RuleDEPARTMENT OF COMMERCECommerce DepartmentFish and Fish Product Import Provisions of the Marine Mammal Protection ActThis final action implements the import provisions of the Marine Mammal Protection Act (MMPA). This rule establishes conditions for evaluating a harvesting nation's regulatory program to address incidental and measures to address intentional mortality...2016-19158"https://www.gpo.gov/fdsys/pkg/FR-2016-08-15/pdf/2016-19158.pdfhttps://www.federalregister.gov/documents/2016/08/15/2016-19158/fish-and-fish-product-import-provisions-of-the-marine-mammal-protection-actThis final action implements the import provisions of the Marine Mammal Protection Act (MMPA). This rule establishes conditions for evaluating a harvesting nation's regulatory program to address incidental and measures to address intentional mortality and serious injury of marine mammals in fisheries that export fish and fish products to the United States. Under this rule, fish and fish products from fisheries identified by the Assistant Administrator in the List of Foreign Fisheries can only be imported into the United States if the harvesting nation has applied for and received a comparability finding from NMFS. The rule establishes procedures that a harvesting nation must follow and conditions to meet, to receive a comparability finding for a fishery. The rule also establishes provisions for intermediary nations to ensure that intermediary nations do not import, and re- export to the United States, fish or fish products subject to an import prohibition. Agency actions and recommendations under this rule will be in accordance with U.S. obligations under applicable international law, including, among others, the World Trade Organization (WTO) Agreement.
2016-08-08RuleDEPARTMENT OF COMMERCECommerce DepartmentAmendment to the Export Administration Regulations To Add Targets for the Production of Tritium and Related Development and Production Technology to the List of 0Y521 SeriesIn this interim final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to make certain items subject to the EAR and to impose on those items a license requirement for export and reexport to all...2016-18070"https://www.gpo.gov/fdsys/pkg/FR-2016-08-08/pdf/2016-18070.pdfhttps://www.federalregister.gov/documents/2016/08/08/2016-18070/amendment-to-the-export-administration-regulations-to-add-targets-for-the-production-of-tritium-andIn this interim final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to make certain items subject to the EAR and to impose on those items a license requirement for export and reexport to all destinations, except Canada. Specifically, this rule classifies certain specified targets ``specially designed'' for the production of tritium and related ``development'' and ``production'' technology under Export Control Classification Numbers (ECCNs) 0A521 and 0E521, respectively, on the Commerce Control List (CCL). As described in the final rule that established the 0Y521 series and that was published in the Federal Register on April 13, 2012, items are added to the 0Y521 series upon a determination by the Department of Commerce, with the concurrence of the Departments of Defense and State, and other agencies as appropriate, that the items should be controlled for export because the items provide at least a significant military or intelligence advantage to the United States or foreign policy reasons justify control. In this matter, the Department of Energy also concurred in the control imposed. The items identified in this rule are controlled for regional stability (RS) Column 1 reasons. The only license exception available for these items is for exports, reexports, and transfers (in-country) made by or consigned to a department or agency of the U.S. Government.
2016-07-28RuleDEPARTMENT OF COMMERCECommerce DepartmentCommerce Control List: Addition of Items Determined To No Longer Warrant Control Under United States Munitions List Category XIV (Toxicological Agents) or Category XVIII (Directed Energy Weapons)This final rule implements changes described in a proposed rule that the Bureau of Industry and Security (BIS) published on June 17, 2015. Specifically, this final rule describes how articles the President has determined no longer warrant control under...2016-17506"https://www.gpo.gov/fdsys/pkg/FR-2016-07-28/pdf/2016-17506.pdfhttps://www.federalregister.gov/documents/2016/07/28/2016-17506/commerce-control-list-addition-of-items-determined-to-no-longer-warrant-control-under-united-statesThis final rule implements changes described in a proposed rule that the Bureau of Industry and Security (BIS) published on June 17, 2015. Specifically, this final rule describes how articles the President has determined no longer warrant control under Category XIV (Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment) or Category XVIII (Directed Energy Weapons) of the United States Munitions List (USML) are now controlled under the Commerce Control List (CCL). The affected Category XIV articles consist primarily of dissemination, detection, and protection ``equipment'' and related articles, such as production and test ``equipment,'' and are controlled under new Export Control Classification Numbers (ECCNs) 1A607, 1B607, 1C607, 1D607, and 1E607, as added to the CCL by this final rule. The affected Category XVIII articles consist primarily of tooling, production ``equipment,'' test and evaluation ``equipment,'' test models, and related articles and are controlled under new ECCNs 6B619, 6D619 and 6E619, as added to the CCL by this final rule. This final rule is one in a series of rules describing how various types of articles that the President has determined no longer warrant control on the USML, as part of the Administration's Export Control Reform Initiative, are controlled on the CCL in accordance with the requirements of the Export Administration Regulations (EAR). This final rule is being published by BIS in conjunction with a final rule from the Department of State, Directorate of Defense Trade Controls, which amends the list of articles controlled by USML Categories XIV and XVIII. The citations in this BIS rule to USML Categories XIV and XVIII reflect the amendments contained in the Department of State's rule. The revisions made by BIS in this rule are part of Commerce's retrospective regulatory review plan under Executive Order 13563 completed in August 2011.
2016-07-11RuleDEPARTMENT OF COMMERCECommerce DepartmentUpdated Statements of Legal Authority for the Export Administration RegulationsThis rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite a Presidential notice extending an emergency declared pursuant to the International Emergency Economic Powers Act...2016-16365"https://www.gpo.gov/fdsys/pkg/FR-2016-07-11/pdf/2016-16365.pdfhttps://www.federalregister.gov/documents/2016/07/11/2016-16365/updated-statements-of-legal-authority-for-the-export-administration-regulationsThis rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite a Presidential notice extending an emergency declared pursuant to the International Emergency Economic Powers Act and also to remove one obsolete citation. This is a procedural rule that only updates authority paragraphs of the EAR to make them current and to avoid confusion. It does not alter any right, obligation or prohibition that applies to any person under the EAR.
2016-07-01Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentDirect Investment Surveys: BE-13, Survey of New Foreign Direct Investment in the United States, and Changes to Private Fund Reporting on Direct Investment SurveysThis proposed rule would amend regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to set forth the reporting requirements for the BE-13, Survey of New Foreign Direct Investment in the United States. This proposed rule also...2016-15598"https://www.gpo.gov/fdsys/pkg/FR-2016-07-01/pdf/2016-15598.pdfhttps://www.federalregister.gov/documents/2016/07/01/2016-15598/direct-investment-surveys-be-13-survey-of-new-foreign-direct-investment-in-the-united-states-andThis proposed rule would amend regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to set forth the reporting requirements for the BE-13, Survey of New Foreign Direct Investment in the United States. This proposed rule also provides information about, and an opportunity to comment on, plans to amend the reporting requirements for certain private funds on BEA's surveys of foreign direct investment in the United States, including the BE-605, Quarterly Survey of Foreign Direct Investment in the United States; the BE-15, Annual Survey of Foreign Direct Investment in the United States; and the BE-13, Survey of New Foreign Direct Investment in the United States. The BE-13 survey collects information on the acquisition or establishment of U.S. business enterprises by foreign investors, and information on expansions by existing U.S. affiliates of foreign companies. The data collected through the survey are used to measure the amount of new foreign direct investment in the United States and ensure complete coverage of BEA's other foreign direct investment statistics. BEA proposes several changes to the survey that will simplify reporting and provide more complete information for use in BEA's direct investment statistics. BEA also proposes changes in survey form design and accompanying instructions to improve the quality of the data collected and reduce respondent burden. This mandatory BE-13 survey is required from persons subject to the reporting requirements, whether or not they are contacted by BEA.
2016-06-28RuleDEPARTMENT OF COMMERCECommerce DepartmentTemporary General License: Extension of ValidityOn March 24, 2016, the Bureau of Industry and Security (BIS) published a final rule, Temporary General License. The March 24 final rule created a temporary general license that restored, for a specified time period, the licensing requirements and...2016-15228"https://www.gpo.gov/fdsys/pkg/FR-2016-06-28/pdf/2016-15228.pdfhttps://www.federalregister.gov/documents/2016/06/28/2016-15228/temporary-general-license-extension-of-validityOn March 24, 2016, the Bureau of Industry and Security (BIS) published a final rule, Temporary General License. The March 24 final rule created a temporary general license that restored, for a specified time period, the licensing requirements and policies under the Export Administration Regulations (EAR) for exports, reexports, and transfers (in-country) as of March 7, 2016, to two entities (ZTE Corporation and ZTE Kangxun) that were added to the Entity List on March 8, 2016. At this time, the U.S. Government has decided to extend the temporary general license until August 30, 2016. In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of June 30, 2016, and to substitute the date of August 30, 2016. This final rule makes no other changes to the EAR.
2016-06-27Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentTechnology Innovation-Personnel ExchangesNIST is seeking comments on proposed regulations intended to foster the exchange of scientific and technical personnel among academia, industry, including particularly small businesses, and Federal laboratories. Such exchanges are an effective means...2016-14723"https://www.gpo.gov/fdsys/pkg/FR-2016-06-27/pdf/2016-14723.pdfhttps://www.federalregister.gov/documents/2016/06/27/2016-14723/technology-innovation-personnel-exchangesNIST is seeking comments on proposed regulations intended to foster the exchange of scientific and technical personnel among academia, industry, including particularly small businesses, and Federal laboratories. Such exchanges are an effective means for accelerating the transfer of Federal laboratory technology to benefit the United States economy. An objective of this rulemaking is to clarify the appropriate use of Cooperative Research and Development Agreement authority by a Federal laboratory for personnel exchanges where the Federal laboratory has an existing relationship with the potential partner through another legal mechanism, as well as in the context of joint research projects or the development of existing laboratory technology, and through use of the General Services Administration's Presidential Innovation Fellows program for Federal laboratory Entrepreneur-in-Residence programs. Another objective of this rulemaking is to remove outdated regulations addressing the licensing of inventions owned by the Department of Commerce. When the comment period is concluded, NIST will analyze the comments received, incorporate comments as appropriate, and publish a final regulation.
2016-06-23RuleDEPARTMENT OF COMMERCECommerce DepartmentAmendments to Existing Validated End-User Authorization in the People's Republic of China: Advanced Micro Devices, Inc.In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing Validated End-User (VEU) list for the People's Republic of China by updating the list of eligible items and destinations...2016-14902"https://www.gpo.gov/fdsys/pkg/FR-2016-06-23/pdf/2016-14902.pdfhttps://www.federalregister.gov/documents/2016/06/23/2016-14902/amendments-to-existing-validated-end-user-authorization-in-the-peoples-republic-of-china-advancedIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing Validated End-User (VEU) list for the People's Republic of China by updating the list of eligible items and destinations (facilities) for VEU Advanced Micro Devices, Inc. (AMD). Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to remove an existing ``eligible destination'' (facility); add a building to an existing address at one of AMD's already approved facilities to which eligible items may be exported, reexported or transferred (in-country); and reflect the recent removal of an existing ``eligible item'' from the Commerce Control List (CCL).
2016-06-22RuleDEPARTMENT OF COMMERCECommerce DepartmentGuidance on Charging and Penalty Determinations in Settlement of Administrative Enforcement CasesThis final rule revises the Bureau of Industry and Security's (BIS) guidance regarding administrative enforcement cases based on violations of the Export Administration Regulations (EAR). The rule rewrites that guidance in the EAR, setting forth the...2016-14770"https://www.gpo.gov/fdsys/pkg/FR-2016-06-22/pdf/2016-14770.pdfhttps://www.federalregister.gov/documents/2016/06/22/2016-14770/guidance-on-charging-and-penalty-determinations-in-settlement-of-administrative-enforcement-casesThis final rule revises the Bureau of Industry and Security's (BIS) guidance regarding administrative enforcement cases based on violations of the Export Administration Regulations (EAR). The rule rewrites that guidance in the EAR, setting forth the factors that the Office of Export Enforcement (OEE) considers when setting penalties in settlements of administrative enforcement cases and when deciding whether to pursue administrative charges or settle allegations of EAR violations. This final rule does not apply to alleged violations of regulations concerning restrictive trade practices and boycotts, which would continue to be subject to the guidance.
2016-06-21RuleDEPARTMENT OF COMMERCECommerce DepartmentAddition of Certain Persons and Removal of Certain Persons From the Entity ListThis final rule amends the Export Administration Regulations (EAR) by adding twenty-eight persons under thirty-one entries to the Entity List. The twenty-eight persons who are added to the Entity List have been determined by the U.S. Government to be...2016-14515"https://www.gpo.gov/fdsys/pkg/FR-2016-06-21/pdf/2016-14515.pdfhttps://www.federalregister.gov/documents/2016/06/21/2016-14515/addition-of-certain-persons-and-removal-of-certain-persons-from-the-entity-listThis final rule amends the Export Administration Regulations (EAR) by adding twenty-eight persons under thirty-one entries to the Entity List. The twenty-eight persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These twenty-eight persons will be listed on the Entity List under the destinations of Afghanistan, Austria, China, Hong Kong, Iran, Israel, Panama, Taiwan, and the United Arab Emirates (U.A.E.). This final rule also removes three entities from the Entity List under the destinations of Finland, Pakistan and Turkey as the result of requests for removal received by BIS pursuant to the section of the EAR used for requesting removal or modification of an Entity List entity and the End-User Review Committee's (ERC) review of the information provided in the removal requests.
2016-06-21RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions to the Unverified List (UVL)The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding thirty-six (36) persons to the Unverified List (the ``Unverified List'' or UVL), and adding an additional address for one (1) person currently...2016-14514"https://www.gpo.gov/fdsys/pkg/FR-2016-06-21/pdf/2016-14514.pdfhttps://www.federalregister.gov/documents/2016/06/21/2016-14514/revisions-to-the-unverified-list-uvlThe Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding thirty-six (36) persons to the Unverified List (the ``Unverified List'' or UVL), and adding an additional address for one (1) person currently listed on the UVL. The 36 persons are being added to the UVL on the basis that BIS could not verify their bona fides because an end-use check could not be completed satisfactorily for reasons outside the U.S. Government's control. A new address is added for one current UVL person as BIS has determined that this person has changed its registered address.
2016-06-07Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentAmendment to the Export Administration Regulations: Removal of Special Iraq Reconstruction LicenseIn this rule, the Bureau of Industry and Security (BIS) proposes to amend the Export Administration Regulations (EAR) to remove the Special Iraq Reconstruction License (SIRL) from the EAR. The action, if published in final form, would further the...2016-13397"https://www.gpo.gov/fdsys/pkg/FR-2016-06-07/pdf/2016-13397.pdfhttps://www.federalregister.gov/documents/2016/06/07/2016-13397/amendment-to-the-export-administration-regulations-removal-of-special-iraq-reconstruction-licenseIn this rule, the Bureau of Industry and Security (BIS) proposes to amend the Export Administration Regulations (EAR) to remove the Special Iraq Reconstruction License (SIRL) from the EAR. The action, if published in final form, would further the objectives of the Retrospective Regulatory Review Initiative that directs BIS and other federal agencies to streamline regulations and reduce unnecessary regulatory burdens on the public. Specifically, the SIRL is outdated and seldom used by exporters, who now have more efficient options for exports and reexports to Iraq and transfers (in-country) in Iraq. This rule also makes conforming changes.
2016-06-07RuleDEPARTMENT OF COMMERCECommerce DepartmentImplementation of the February 2015 Australia Group (AG) Intersessional Decisions and the June 2015 AG Plenary UnderstandingsThe Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to implement the recommendations presented at the February 2015 Australia Group (AG) intersessional implementation meeting, and...2016-13271"https://www.gpo.gov/fdsys/pkg/FR-2016-06-07/pdf/2016-13271.pdfhttps://www.federalregister.gov/documents/2016/06/07/2016-13271/implementation-of-the-february-2015-australia-group-ag-intersessional-decisions-and-the-june-2015-agThe Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to implement the recommendations presented at the February 2015 Australia Group (AG) intersessional implementation meeting, and later adopted pursuant to the AG silent approval procedure, and the understandings reached at the June 2015 AG Plenary meeting. This rule amends three Commerce Control List (CCL) entries to reflect the February 2015 intersessional recommendations that were adopted by the AG. Specifically, this rule amends the CCL entry that controls chemical precursors by adding the chemical diethylamine (C.A.S. 109-89-7), which was not previously identified on the AG's ``Chemical Weapons Precursors'' common control list. This rule also amends the CCL entry that controls certain human and zoonotic pathogens and toxins by adding two viruses that were not previously identified on the AG ``List of Human and Animal Pathogens and Toxins for Export Control'' and by updating the nomenclature of certain viruses that were already identified on this AG common control list. In addition, this rule amends the CCL entry that controls equipment capable of handling biological materials to reflect the AG intersessional updates to the controls on biocontainment chambers, isolators, and biological safety cabinets and the controls on aerosol inhalation equipment described on the AG ``Control List of Dual-Use Biological Equipment and Related Technology and Software.'' Consistent with the understandings adopted at the June 2015 AG Plenary meeting, this rule also amends the CCL entry that controls equipment capable of handling biological materials by updating the controls on freeze-drying (lyophilization) equipment. Finally, this rule amends the EAR to reflect the addition of Angola and Burma as States Parties to the Chemical Weapons Convention (CWC) and also amends the Chemical Weapons Convention Regulations (CWCR) to reflect the addition of these two countries as States Parties.
2016-06-07RuleDEPARTMENT OF COMMERCECommerce DepartmentCivil Monetary Penalty Adjustments for InflationThis interim final rule is being issued to adjust for inflation each civil monetary penalty (CMP) provided by law within the jurisdiction of the Department of Commerce (Commerce Department). The Federal Civil Penalties Inflation Adjustment Act of 1990,...2016-13231"https://www.gpo.gov/fdsys/pkg/FR-2016-06-07/pdf/2016-13231.pdfhttps://www.federalregister.gov/documents/2016/06/07/2016-13231/civil-monetary-penalty-adjustments-for-inflationThis interim final rule is being issued to adjust for inflation each civil monetary penalty (CMP) provided by law within the jurisdiction of the Department of Commerce (Commerce Department). The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, requires the head of each agency to adjust for inflation its CMP levels in effect as of November 2, 2015, under a revised methodology effective for 2016 which provides for initial catch up adjustments for inflation in 2016, and under a revised methodology for each year thereafter. The revised methodologies provide for the improvement of the effectiveness of CMPs and to maintain their deterrent effect. The initial catch up adjustment for inflation of a CMP in 2016 shall not exceed 150 percent of the amount of the CMP on the date of enactment of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (November 2, 2015). The initial catch up adjustments for inflation to CMPs are required to be published through an interim final rule not later than July 1, 2016, and the adjustments for inflation shall take effect not later than August 1, 2016. For each year thereafter, the adjustments for inflation to CMPs shall take effect not later than January 15. These adjustments for inflation apply only to CMPs with a dollar amount, and will not apply to CMPs written as functions of violations. These adjustments for inflation apply only to those CMPs, including those whose associated violation predated such adjustment, which are assessed by Commerce Department after the effective date of the new CMP level.
2016-06-03RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions to Definitions in the Export Administration RegulationsThis final rule is part of the Administration's Export Control Reform (ECR) Initiative. The Initiative will enhance U.S. national and economic security, facilitate compliance with export controls, update the controls, and further the goal of reducing...2016-12734"https://www.gpo.gov/fdsys/pkg/FR-2016-06-03/pdf/2016-12734.pdfhttps://www.federalregister.gov/documents/2016/06/03/2016-12734/revisions-to-definitions-in-the-export-administration-regulationsThis final rule is part of the Administration's Export Control Reform (ECR) Initiative. The Initiative will enhance U.S. national and economic security, facilitate compliance with export controls, update the controls, and further the goal of reducing unnecessary regulatory burdens on U.S. exporters. As part of this effort, the Bureau of Industry and Security (BIS), in publishing this rule, makes revisions to the Export Administration Regulations (EAR) to include certain definitions to enhance clarity and consistency with terms also found in the International Traffic in Arms Regulations (ITAR), which is administered by the Department of State, Directorate of Defense Trade Controls (DDTC), or that DDTC expects to publish in proposed rules. This final rule also revises the Scope part of the EAR to update and clarify application of controls to electronically transmitted and stored technology and software, including by way of cloud computing. DDTC is concurrently publishing comparable amendments to certain ITAR definitions for the same reasons. Finally, this rule makes conforming changes to related provisions.
2016-06-01RuleDEPARTMENT OF COMMERCECommerce DepartmentCertification Program for Access to the Death Master FileThe National Technical Information Service (NTIS) issues this final rule establishing a program through which persons may become eligible to obtain access to Death Master File (DMF) information about an individual within three years of that...2016-12479"https://www.gpo.gov/fdsys/pkg/FR-2016-06-01/pdf/2016-12479.pdfhttps://www.federalregister.gov/documents/2016/06/01/2016-12479/certification-program-for-access-to-the-death-master-fileThe National Technical Information Service (NTIS) issues this final rule establishing a program through which persons may become eligible to obtain access to Death Master File (DMF) information about an individual within three years of that individual's death. This final rule supersedes and replaces the interim final rule that NTIS promulgated following passage of Section 203 of the Bipartisan Budget Act of 2013 to provide immediate and ongoing access to persons who qualified for temporary certification. The program established under this final rule contains some changes from the proposed rule published by NTIS.
2016-05-31RuleDEPARTMENT OF COMMERCECommerce DepartmentDelay of Discharge Requirements for U.S. Coast Guard Activities in Greater Farallones and Cordell Bank National Marine SanctuariesThe National Oceanic and Atmospheric Administration (NOAA) expanded the boundaries of Gulf of the Farallones National Marine Sanctuary (now renamed Greater Farallones National Marine Sanctuary or GFNMS) and Cordell Bank National Marine Sanctuary...2016-12784"https://www.gpo.gov/fdsys/pkg/FR-2016-05-31/pdf/2016-12784.pdfhttps://www.federalregister.gov/documents/2016/05/31/2016-12784/delay-of-discharge-requirements-for-us-coast-guard-activities-in-greater-farallones-and-cordell-bankThe National Oceanic and Atmospheric Administration (NOAA) expanded the boundaries of Gulf of the Farallones National Marine Sanctuary (now renamed Greater Farallones National Marine Sanctuary or GFNMS) and Cordell Bank National Marine Sanctuary (CBNMS) to an area north and west of their previous boundaries with a final rule published on March 12, 2015. The final rule entered into effect on June 9, 2015. At that time, NOAA postponed the effectiveness of the discharge requirements in both sanctuaries' regulations in the areas added to GFNMS and CBNMS boundaries in 2015 with regard to U.S. Coast Guard activities for 6 months. This notice extends the postponement of the discharge requirements for these activities for another 6 months to provide adequate time for completion of an environmental assessment, and subsequent rulemaking, as appropriate.
2016-05-12RuleDEPARTMENT OF COMMERCECommerce DepartmentRemoval of Short Supply License Requirements on Exports of Crude OilThe Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to remove the short supply license requirements that, prior to the entry into force of the ``Consolidated Appropriations Act,...2016-11047"https://www.gpo.gov/fdsys/pkg/FR-2016-05-12/pdf/2016-11047.pdfhttps://www.federalregister.gov/documents/2016/05/12/2016-11047/removal-of-short-supply-license-requirements-on-exports-of-crude-oilThe Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to remove the short supply license requirements that, prior to the entry into force of the ``Consolidated Appropriations Act, 2016'' on December 18, 2015, applied to exports of crude oil from the United States. Specifically, this rule removes the Commerce Control List (CCL) entry and the corresponding short supply provisions in the EAR that required a license from BIS to export crude oil from the United States. This rule also amends certain other EAR provisions to reflect the removal of these short supply license requirements. The changes made by this rule are intended to bring the provisions of the EAR into full compliance with the act, which mandates that, apart from certain exemptions specified therein, ``no official of the Federal Government shall impose or enforce any restriction on the export of crude oil.'' Consistent with the exceptions in the act, exports of crude oil continue to require authorization from BIS to embargoed or sanctioned countries or persons and to persons subject to a denial of export privileges.
2016-05-05RuleDEPARTMENT OF COMMERCECommerce DepartmentFisheries Off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Trawl Rationalization Program; Flow Scale RequirementsThis action revises scale requirements for processing vessels that are required to weigh fish at sea, i.e., mothership and catcher/ processor vessels, and Shorebased Individual Fishery Quota Program (IFQ) first receivers. For motherships and...2016-10476"https://www.gpo.gov/fdsys/pkg/FR-2016-05-05/pdf/2016-10476.pdfhttps://www.federalregister.gov/documents/2016/05/05/2016-10476/fisheries-off-west-coast-states-pacific-coast-groundfish-fishery-management-plan-trawlThis action revises scale requirements for processing vessels that are required to weigh fish at sea, i.e., mothership and catcher/ processor vessels, and Shorebased Individual Fishery Quota Program (IFQ) first receivers. For motherships and catcher/processors that weigh fish at sea, the action requires the use of updated scale technology, requires enhanced daily scale testing for flow scales (also known as belt scales), and requires the use of video to monitor the flow scale and the area around the flow scale. For Shorebased IFQ first receivers, the action adds criteria for inseason flow scale tests. In addition, the action includes housekeeping changes that are intended to better align the regulations with defined terms, and to provide clarity and consistency between paragraphs. Action is needed to provide precise and accurate catch estimates and to reduce the likelihood that vessels will under report harvests.
2016-04-29RuleOFFICE OF THE UNITED STATES TRADE REPRESENTATIVETrade Representative, Office of United StatesEstablishment of a Petition Process To Review the Eligibility of Countries Under the African Growth and Opportunity ActThe Office of the United States Trade Representative (USTR) published an interim final rule establishing a petition process to review the eligibility of countries for the benefits of the African Growth and Opportunity Act (AGOA) on March 18, 2016. USTR...2016-10016"https://www.gpo.gov/fdsys/pkg/FR-2016-04-29/pdf/2016-10016.pdfhttps://www.federalregister.gov/documents/2016/04/29/2016-10016/establishment-of-a-petition-process-to-review-the-eligibility-of-countries-under-the-african-growthThe Office of the United States Trade Representative (USTR) published an interim final rule establishing a petition process to review the eligibility of countries for the benefits of the African Growth and Opportunity Act (AGOA) on March 18, 2016. USTR publishes this final rule to adopt and implement the interim final rule without change.
2016-04-21Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentIntent To Conduct Scoping and Prepare a Draft Environmental Assessment for Changes in Regulations for Greater Farallones and Cordell Bank National Marine SanctuariesThe National Oceanic and Atmospheric Administration (NOAA) expanded the boundaries of Gulf of the Farallones National Marine Sanctuary (now renamed Greater Farallones National Marine Sanctuary or GFNMS) and Cordell Bank National Marine Sanctuary...2016-09248"https://www.gpo.gov/fdsys/pkg/FR-2016-04-21/pdf/2016-09248.pdfhttps://www.federalregister.gov/documents/2016/04/21/2016-09248/intent-to-conduct-scoping-and-prepare-a-draft-environmental-assessment-for-changes-in-regulationsThe National Oceanic and Atmospheric Administration (NOAA) expanded the boundaries of Gulf of the Farallones National Marine Sanctuary (now renamed Greater Farallones National Marine Sanctuary or GFNMS) and Cordell Bank National Marine Sanctuary (CBNMS) to an area north and west of their previous boundaries with a final rule published on March 12, 2015. The final rule entered into effect on June 9, 2015. Pursuant to a request from USCG, NOAA is considering developing future rulemaking to allow the following USCG discharges within part or all of GFNMS and CBNMS: 1. Untreated vessel sewage, 2. vessel graywater that does not meet the definition of clean as defined by the Federal Water Pollution Control Act (FWPCA), and 3. ammunition and pyrotechnics (flare) materials used in USCG training exercises for use of force and search and rescue. NOAA will conduct public scoping meetings to gather information and other comments to determine the relevant scope of issues and range of alternatives to be addressed in the environmental process from individuals, organizations, tribes, and government agencies on this topic. The scoping meetings are scheduled as detailed below.
2016-04-04RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions to the Export Administration Regulations Based on the 2015 Missile Technology Control Regime Plenary AgreementsThe Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the October 2015 Plenary in...2016-07601"https://www.gpo.gov/fdsys/pkg/FR-2016-04-04/pdf/2016-07601.pdfhttps://www.federalregister.gov/documents/2016/04/04/2016-07601/revisions-to-the-export-administration-regulations-based-on-the-2015-missile-technology-controlThe Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the October 2015 Plenary in Rotterdam, Netherlands, and the April 2015 Technical Experts Meeting (TEM) in Bern, Switzerland. This final rule makes conforming changes to correlate the Commerce Control List (CCL) (Supplement No. 1 to Part 774 of the EAR) and other EAR provisions with the current MTCR Annex. This final rule revises six Export Control Classification Numbers (ECCNs) to implement the changes that were agreed to at the meetings and to better align the MT controls on the CCL with the MTCR Annex. In addition, this final rule makes a change to MT licensing policy to be consistent with the MTCR Annex General Minimum Software Note and the MTCR Annex General Technology Note that specify that a license for MT controlled items should also authorize certain minimum ``software'' and ``technology.'' This final rule also adds a new paragraph to the section of the EAR that specifies which changes to a license are considered ``non- material.'' This amendment will facilitate this rule's revised MT licensing policy, which will apply to all licenses for MT controlled items, except when excluded by a license condition.
2016-03-24RuleDEPARTMENT OF COMMERCECommerce DepartmentTemporary General LicenseThis final rule creates a temporary general license that temporarily restores the licensing requirements and policies under the Export Administration Regulations (EAR) for exports, reexports, and transfers (in-country) to two entities added to the...2016-06689"https://www.gpo.gov/fdsys/pkg/FR-2016-03-24/pdf/2016-06689.pdfhttps://www.federalregister.gov/documents/2016/03/24/2016-06689/temporary-general-licenseThis final rule creates a temporary general license that temporarily restores the licensing requirements and policies under the Export Administration Regulations (EAR) for exports, reexports, and transfers (in-country) to two entities added to the Entity List on March 8, 2016. BIS is issuing this rule in connection with a request to remove or modify the listing.
2016-03-21RuleDEPARTMENT OF COMMERCECommerce DepartmentAddition of Certain Persons and Modification to Entries on the Entity List; and Removal of Certain Persons From the Entity ListThis rule amends the Export Administration Regulations (EAR) by adding forty-four persons under forty-nine entries to the Entity List. The forty-four persons who are added to the Entity List have been determined by the U.S. Government to be acting...2016-06406"https://www.gpo.gov/fdsys/pkg/FR-2016-03-21/pdf/2016-06406.pdfhttps://www.federalregister.gov/documents/2016/03/21/2016-06406/addition-of-certain-persons-and-modification-to-entries-on-the-entity-list-and-removal-of-certainThis rule amends the Export Administration Regulations (EAR) by adding forty-four persons under forty-nine entries to the Entity List. The forty-four persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These forty- four persons will be listed on the Entity List under the destinations of China, Germany, Hong Kong, India, Iran, Malaysia, the Netherlands, Singapore, Switzerland, and the United Arab Emirates (U.A.E.). This final rule also removes five entities from the Entity List under the destinations of Ukraine and the U.A.E., as the result of requests for removal received by BIS, a review of information provided in the removal requests in accordance with the procedure for requesting removal or modification of an Entity List entity and further review conducted by the End-User Review Committee (ERC). Finally, this final rule modifies two existing entries in the Entity List, both under the destination of China. These entries are being modified to reflect additional aliases and addresses for these persons. BIS implements this rule to protect U.S. national security or foreign policy interests and to ensure entries on the Entity List are accurate and up-to-date.
2016-03-18RuleOFFICE OF THE UNITED STATES TRADE REPRESENTATIVETrade Representative, Office of United StatesEstablishment of a Petition Process To Review the Eligibility of Countries Under the African Growth and Opportunity Act (AGOA)The Trade Preferences Extension Act of 2015 (TPEA) requires the President to establish a petition process to review the eligibility of countries for the benefits of the African Growth and Opportunity Act (AGOA). This authority has been delegated to the...2016-06127"https://www.gpo.gov/fdsys/pkg/FR-2016-03-18/pdf/2016-06127.pdfhttps://www.federalregister.gov/documents/2016/03/18/2016-06127/establishment-of-a-petition-process-to-review-the-eligibility-of-countries-under-the-african-growthThe Trade Preferences Extension Act of 2015 (TPEA) requires the President to establish a petition process to review the eligibility of countries for the benefits of the African Growth and Opportunity Act (AGOA). This authority has been delegated to the Office of the United States Trade Representative (USTR).
2016-03-16RuleDEPARTMENT OF COMMERCECommerce DepartmentCuba: Revisions to License Exceptions and Licensing PolicyThis rule allows vessels departing the United States on temporary sojourn to Cuba with cargo for other destinations to travel to Cuba under a license exception rather than having to obtain a license for the cargo bound for those other destinations to...2016-06019"https://www.gpo.gov/fdsys/pkg/FR-2016-03-16/pdf/2016-06019.pdfhttps://www.federalregister.gov/documents/2016/03/16/2016-06019/cuba-revisions-to-license-exceptions-and-licensing-policyThis rule allows vessels departing the United States on temporary sojourn to Cuba with cargo for other destinations to travel to Cuba under a license exception rather than having to obtain a license for the cargo bound for those other destinations to transit Cuba. This rule also authorizes exports of certain items to persons authorized by the Department of the Treasury to establish and maintain a physical or business presence in Cuba. Finally, the rule would adopt a licensing policy of case-by-case review for exports and reexports of items that would enable or facilitate export of items produced by the private sector in Cuba, subject to certain limitations.
2016-03-14Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentWithdrawal of Hawaiian Islands Humpback Whale National Marine Sanctuary Proposed RegulationsThis action withdraws a notice of proposed rulemaking (NPRM) published in the Federal Register on March 26, 2015 (80 FR 16224), to amend the regulations for the Hawaiian Islands Humpback Whale National Marine Sanctuary (HIHWNMS or sanctuary) and to...2016-05452"https://www.gpo.gov/fdsys/pkg/FR-2016-03-14/pdf/2016-05452.pdfhttps://www.federalregister.gov/documents/2016/03/14/2016-05452/withdrawal-of-hawaiian-islands-humpback-whale-national-marine-sanctuary-proposed-regulationsThis action withdraws a notice of proposed rulemaking (NPRM) published in the Federal Register on March 26, 2015 (80 FR 16224), to amend the regulations for the Hawaiian Islands Humpback Whale National Marine Sanctuary (HIHWNMS or sanctuary) and to revise the sanctuary's terms of designation and management plan.
2016-03-11RuleDEPARTMENT OF COMMERCECommerce DepartmentCommerce Debt CollectionThe Department of Commerce (Commerce Department) hereby revises its debt collection regulations as a result of, and to conform to, an amendment made by the Digital Accountability and Transparency Act of 2014 (DATA Act). Specifically, the law, as...2016-05341"https://www.gpo.gov/fdsys/pkg/FR-2016-03-11/pdf/2016-05341.pdfhttps://www.federalregister.gov/documents/2016/03/11/2016-05341/commerce-debt-collectionThe Department of Commerce (Commerce Department) hereby revises its debt collection regulations as a result of, and to conform to, an amendment made by the Digital Accountability and Transparency Act of 2014 (DATA Act). Specifically, the law, as amended by the DATA Act, requires Commerce Department to refer to the Secretary of the Treasury all past due, legally enforceable nontax debt that are over 120 days delinquent, including nontax debt administered by a third party acting as an agent for the Federal Government, for purposes of administrative offset. These revised debt collection regulations also provide updated references to the Bureau of the Fiscal Service as the agency within the Department of the Treasury to which Commerce Department refers delinquent debts to reflect a reorganization made by the Department of the Treasury.
2016-03-09Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentForeign Trade Regulations: Clarification on Filing RequirementsThe Bureau of the Census (Census Bureau) is proposing to amend its regulations to reflect new export reporting requirements related to the implementation of the International Trade Data System (ITDS), in accordance with the Executive Order 13659,...2016-05047"https://www.gpo.gov/fdsys/pkg/FR-2016-03-09/pdf/2016-05047.pdfhttps://www.federalregister.gov/documents/2016/03/09/2016-05047/foreign-trade-regulations-clarification-on-filing-requirementsThe Bureau of the Census (Census Bureau) is proposing to amend its regulations to reflect new export reporting requirements related to the implementation of the International Trade Data System (ITDS), in accordance with the Executive Order 13659, Streamlining the Export/ Import Process for American Businesses. The ITDS was established by the Security and Accountability for Every (SAFE) Port Act of 2006. The proposed changes also include the addition of two new data elements in the Automated Export System (AES); the original Internal Transaction Number (ITN) field and the used electronics indicator. Lastly, the Census Bureau proposes to make changes to provide clarity on existing reporting requirements. These changes are discussed in detail in the SUPPLEMENTARY INFORMATION section.
2016-03-08RuleDEPARTMENT OF COMMERCECommerce DepartmentAdditions to the Entity ListThis rule amends the Export Administration Regulations (EAR) by adding four entities to the Entity List. The U.S. Government has determined that the four entities are acting contrary to the national security or foreign policy interests of the United...2016-05104"https://www.gpo.gov/fdsys/pkg/FR-2016-03-08/pdf/2016-05104.pdfhttps://www.federalregister.gov/documents/2016/03/08/2016-05104/additions-to-the-entity-listThis rule amends the Export Administration Regulations (EAR) by adding four entities to the Entity List. The U.S. Government has determined that the four entities are acting contrary to the national security or foreign policy interests of the United States. The four entities will be listed on the Entity List under the destinations of People's Republic of China (China) and Iran.
2016-03-01RuleDEPARTMENT OF COMMERCECommerce DepartmentExport Control Reform: Conforming Change to Defense Sales Offset Reporting RequirementsThis rule requires reporting of offsets agreements in connection with sales of items controlled on the United States Munitions List (USML) and items controlled in ``600 series'' Export Control Classification Numbers (ECCNs) on the Commerce Control List...2016-04425"https://www.gpo.gov/fdsys/pkg/FR-2016-03-01/pdf/2016-04425.pdfhttps://www.federalregister.gov/documents/2016/03/01/2016-04425/export-control-reform-conforming-change-to-defense-sales-offset-reporting-requirementsThis rule requires reporting of offsets agreements in connection with sales of items controlled on the United States Munitions List (USML) and items controlled in ``600 series'' Export Control Classification Numbers (ECCNs) on the Commerce Control List (CCL) except for certain submersible and semi-submersible cargo transport vessels and related items that are not on the control lists of any of the multilateral export control regimes of which the United States is a member. Since the early 1990s, BIS has required reporting of offsets agreements in connection with sales of items controlled on the USML. Those reporting requirements will continue, unchanged by this rule. Beginning on October 15, 2013, some items have been removed from the USML and been added to 600 series ECCNs. These items were subject to offsets reporting requirements prior to being added to 600 series ECCNs. Some other items have been moved from non-600 series ECCNs to 600 series ECCNs as part of the Administration's Export Control Reform Initiative. This rule requires reporting of offsets agreements in connection with sales of items controlled in 600 series ECCNs regardless of whether the item was added to a 600 series ECCN simultaneously with its removal from the USML or was subject to the EAR prior to its inclusion in a 600 series ECCN, except for certain submersible and semi-submersible cargo transport vessels and related items that are not on the control lists of any of the multilateral export control regimes of which the United States is a member. The changes made by this rule were the subject of a proposed rule for which BIS received no comments. This final rule adopts the text of the proposed rule without change.
2016-02-29RuleDEPARTMENT OF COMMERCECommerce DepartmentUpdated Legal Authority CitationsThis rule updates the Code of Federal Regulations (CFR) legal authority citations in the National Security Industrial Base Regulations (NSIBR) and the Export Administration Regulations (EAR). The citation updates reflect recent editorial...2016-04324"https://www.gpo.gov/fdsys/pkg/FR-2016-02-29/pdf/2016-04324.pdfhttps://www.federalregister.gov/documents/2016/02/29/2016-04324/updated-legal-authority-citationsThis rule updates the Code of Federal Regulations (CFR) legal authority citations in the National Security Industrial Base Regulations (NSIBR) and the Export Administration Regulations (EAR). The citation updates reflect recent editorial reclassifications within the United States Code, the repeal of certain statutory authorities, the continuation of an emergency declared in an executive order, and minor stylistic edits. This is a non-substantive rule that only updates legal authority paragraphs of the NSIBR and the EAR. It does not alter any right, obligation or prohibition that applies to any person under the NSIBR or the EAR.
2016-02-23RuleDEPARTMENT OF COMMERCECommerce DepartmentAddition of Certain Persons and Modification of Certain Entries to the Entity List; and Removal of Certain Persons From the Entity ListThis rule amends the Export Administration Regulations (EAR) by adding eight persons under eight entries to the Entity List. The eight persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the...2016-03745"https://www.gpo.gov/fdsys/pkg/FR-2016-02-23/pdf/2016-03745.pdfhttps://www.federalregister.gov/documents/2016/02/23/2016-03745/addition-of-certain-persons-and-modification-of-certain-entries-to-the-entity-list-and-removal-ofThis rule amends the Export Administration Regulations (EAR) by adding eight persons under eight entries to the Entity List. The eight persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These eight persons will be listed on the Entity List under the destination of the United Arab Emirates (U.A.E.). This final rule also removes nine persons from the Entity List, as the result of a request for removal submitted by these persons, a review of information provided in the removal request in accordance with the procedure for requesting removal or modification of an Entity List entity and further review conducted by the End-User Review Committee (ERC). Finally, this rule is also revising six existing entries in the Entity List. One entry under Iran is modified to correct the entry by updating the Federal Register citation. Five entries on the Entity List under the destinations of Armenia, Greece, India, Pakistan and the United Kingdom (U.K.) are modified to reflect a removal from the Entity List.
2016-02-19Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions to the Export Administration Regulations (EAR): Control of Fire Control, Laser, Imaging, and Guidance and Control Equipment the President Determines No Longer Warrant Control Under the United States Munitions List (USML)This proposed rule describes how articles the President determines no longer warrant control under Category XII (Fire Control, Laser, Imaging, and Guidance and Control Equipment) of the United States Munitions List (USML) of the International Traffic...2016-03182"https://www.gpo.gov/fdsys/pkg/FR-2016-02-19/pdf/2016-03182.pdfhttps://www.federalregister.gov/documents/2016/02/19/2016-03182/revisions-to-the-export-administration-regulations-ear-control-of-fire-control-laser-imaging-andThis proposed rule describes how articles the President determines no longer warrant control under Category XII (Fire Control, Laser, Imaging, and Guidance and Control Equipment) of the United States Munitions List (USML) of the International Traffic in Arms Regulations (ITAR) would be controlled under the Commerce Control List (CCL) of the Export Administration Regulations (EAR) by amending Export Control Classification Number (ECCN) 7A611 and creating new ``600 series'' ECCNs 7B611, 7D611, and 7E611. In addition, for certain dual- use infrared detection items, this proposed rule would expand controls for certain software and technology, eliminate the use of some license exceptions, revise licensing policy, and expand license requirements for certain transactions involving military end users or foreign military commodities. This proposed rule would also harmonize provisions within the EAR by revising controls related to certain quartz rate sensors and uncooled thermal imaging cameras.
2016-02-09Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentClarifications and Revisions to Military Aircraft, Gas Turbine Engines and Related Items License RequirementsThis proposed rule would modify the Commerce Control List (CCL) entries for two types of items: Military aircraft and related items, and military gas turbine engines and related items. The rule would add clarifying text to the descriptions of the types...2016-02591"https://www.gpo.gov/fdsys/pkg/FR-2016-02-09/pdf/2016-02591.pdfhttps://www.federalregister.gov/documents/2016/02/09/2016-02591/clarifications-and-revisions-to-military-aircraft-gas-turbine-engines-and-related-items-licenseThis proposed rule would modify the Commerce Control List (CCL) entries for two types of items: Military aircraft and related items, and military gas turbine engines and related items. The rule would add clarifying text to the descriptions of the types of military aircraft controlled on the CCL. The lists of items that are subject only to the anti-terrorism reason for control would be clarified and expanded. This proposed rule is based on a review of the military aircraft and gas turbine engine related entries that were added to the CCL on October 15, 2013. That review was intended to ensure that the regulatory changes made by the October 15, 2013 rule are clear, do not inadvertently control items in normal commercial use, account for technological developments, and properly implement the national security and foreign policy objectives of the export control reform effort. This proposed rule is being published simultaneously with a proposed rule by the Department of State, which is based on a review of Categories VIII and XIX of the United States Munitions List (USML). This document also furthers the retrospective regulatory review directed by the President in Executive Order 13563.
2016-01-27RuleDEPARTMENT OF COMMERCECommerce DepartmentCuba Licensing Policy RevisionsThis rule amends the exceptions to the general policy of denial in the Export Administration Regulations (EAR) for exports and reexports to Cuba by identifying additional types of exports and reexports that are subject to a general policy of approval:...2016-01557"https://www.gpo.gov/fdsys/pkg/FR-2016-01-27/pdf/2016-01557.pdfhttps://www.federalregister.gov/documents/2016/01/27/2016-01557/cuba-licensing-policy-revisionsThis rule amends the exceptions to the general policy of denial in the Export Administration Regulations (EAR) for exports and reexports to Cuba by identifying additional types of exports and reexports that are subject to a general policy of approval: items for safety of civil aviation and safe operation of commercial aircraft engaged in international air transportation, certain telecommunications and agricultural items, items to human rights organizations or individuals and non-governmental organizations that promote independent activity intended to strengthen civil society in Cuba, and items for use by U.S. news bureaus. This rule also amends the exceptions to the general policy of denial in the EAR for exports and reexports to Cuba by identifying types of exports and reexports that will be reviewed to determine, on a case-by-case basis, whether such transactions meet the needs of the Cuban people, including exports and reexports for this purpose made to state-owned enterprises and agencies and organizations of the Cuban government that provide goods and services to the Cuban people. BIS is making these changes to further implement the Administration's policy of empowering and engaging the Cuban people. This rule retains the prohibition on the export or reexport of items subject to the EAR to Cuba without a license or applicable license exception.
2016-01-22RuleDEPARTMENT OF COMMERCECommerce DepartmentImplementation of OMB Guidance on Drug-Free Workplace RequirementsThe U.S. Department of Commerce (Commerce) is removing its regulation implementing the prior government-wide common rule on drug- free workplace requirements for financial assistance, and issuing a new regulation to adopt updated Office of Management...2016-01078"https://www.gpo.gov/fdsys/pkg/FR-2016-01-22/pdf/2016-01078.pdfhttps://www.federalregister.gov/documents/2016/01/22/2016-01078/implementation-of-omb-guidance-on-drug-free-workplace-requirementsThe U.S. Department of Commerce (Commerce) is removing its regulation implementing the prior government-wide common rule on drug- free workplace requirements for financial assistance, and issuing a new regulation to adopt updated Office of Management and Budget (OMB) guidance on the topic. This action implements OMB's initiative to streamline and consolidate into one title of the Code of Federal Regulations (CFR) all Federal regulations on drug-free workplace requirements for financial assistance. These changes constitute an administrative simplification that would make no substantive change in Commerce's policy or procedures for drug-free workplace.
2016-01-14RuleDEPARTMENT OF COMMERCECommerce DepartmentInternational Fisheries; Pacific Tuna Fisheries; Vessel Register Required Information, International Maritime Organization Numbering SchemeNMFS is issuing regulations to implement a resolution adopted by the Inter-American Tropical Tuna Commission (IATTC) that requires U.S. vessels fishing for tuna and tuna-like species with a capacity equal to or greater than 100 gross resister tons...2016-00586"https://www.gpo.gov/fdsys/pkg/FR-2016-01-14/pdf/2016-00586.pdfhttps://www.federalregister.gov/documents/2016/01/14/2016-00586/international-fisheries-pacific-tuna-fisheries-vessel-register-required-information-internationalNMFS is issuing regulations to implement a resolution adopted by the Inter-American Tropical Tuna Commission (IATTC) that requires U.S. vessels fishing for tuna and tuna-like species with a capacity equal to or greater than 100 gross resister tons (GRT) to have an International Maritime Organization (IMO) number. The IMO number will be included with information the United States sends to the IATTC for vessels authorized to fish for tuna and tuna-like species in the IATTC Convention Area, and will enable more effective tracking of vessels that may be engaging in illegal, unreported, and unregulated fishing.
2016-01-11RuleDEPARTMENT OF COMMERCECommerce DepartmentSchedule of Fees for Access to NOAA Environmental Data, Information, and Related Products and Services; CorrectionThis action corrects the NESDIS FY 2016 schedule of fees for the sale of its data, information, and related products and services to users. NESDIS is authorized under the United States Code to assess fees, up to fair market value, for access to...2015-32958"https://www.gpo.gov/fdsys/pkg/FR-2016-01-11/pdf/2015-32958.pdfhttps://www.federalregister.gov/documents/2016/01/11/2015-32958/schedule-of-fees-for-access-to-noaa-environmental-data-information-and-related-products-and-servicesThis action corrects the NESDIS FY 2016 schedule of fees for the sale of its data, information, and related products and services to users. NESDIS is authorized under the United States Code to assess fees, up to fair market value, for access to environmental data, information, and products derived from, collected, and/or archived by NOAA. This action corrects one user fee, titled the Department of Commerce Certification. In the October 22, 2015, final rule, the fee was incorrectly listed as $16.00. The correct user fee should be $116.00.
2016-01-08Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentNotice of Intent To Review Monitor National Marine Sanctuary BoundaryIn accordance with section 304(e) of the National Marine Sanctuaries Act, as amended, (NMSA), the Office of National Marine Sanctuaries (ONMS) of the National Oceanic and Atmospheric Administration (NOAA) is reviewing the Monitor National Marine...2015-33169"https://www.gpo.gov/fdsys/pkg/FR-2016-01-08/pdf/2015-33169.pdfhttps://www.federalregister.gov/documents/2016/01/08/2015-33169/notice-of-intent-to-review-monitor-national-marine-sanctuary-boundaryIn accordance with section 304(e) of the National Marine Sanctuaries Act, as amended, (NMSA), the Office of National Marine Sanctuaries (ONMS) of the National Oceanic and Atmospheric Administration (NOAA) is reviewing the Monitor National Marine Sanctuary (MNMS or sanctuary) boundaries in order to evaluate and consider the benefits, need and impact of expanding the sanctuary's boundaries to include additional submerged maritime cultural and archaeologic resources as described in the February 2013 Monitor National Marine Sanctuary Final Management Plan and Environmental Assessment. This review process will be conducted per the National Environmental Policy Act (NEPA) and section 106 of the National Historic Preservation Act (NHPA).
2016-01-05RuleDEPARTMENT OF COMMERCECommerce DepartmentFisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Management Area; New Cost Recovery Fee ProgramsNMFS publishes regulations to implement cost recovery fee programs for the Western Alaska Community Development Quota (CDQ) Program for groundfish and halibut, and three limited access privilege programs: The American Fisheries Act (AFA), Aleutian...2015-33096"https://www.gpo.gov/fdsys/pkg/FR-2016-01-05/pdf/2015-33096.pdfhttps://www.federalregister.gov/documents/2016/01/05/2015-33096/fisheries-of-the-exclusive-economic-zone-off-alaska-bering-sea-and-aleutian-islands-management-areaNMFS publishes regulations to implement cost recovery fee programs for the Western Alaska Community Development Quota (CDQ) Program for groundfish and halibut, and three limited access privilege programs: The American Fisheries Act (AFA), Aleutian Islands Pollock, and Amendment 80 Programs. The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) authorizes and requires the collection of cost recovery fees for the CDQ Program and limited access privilege programs. Cost recovery fees recover the actual costs directly related to the management, data collection, and enforcement of the programs. The Magnuson-Stevens Act mandates that cost recovery fees not exceed 3 percent of the annual ex-vessel value of fish harvested by a program subject to a cost recovery fee. This action is intended to promote the goals and objectives of the Magnuson-Stevens Act, the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP), and other applicable laws.
2015-12-31RuleDEPARTMENT OF COMMERCECommerce DepartmentThe Commerce Control List2015-33047"https://www.gpo.gov/fdsys/pkg/FR-2015-12-31/pdf/2015-33047.pdfhttps://www.federalregister.gov/documents/2015/12/31/2015-33047/the-commerce-control-list
2015-12-31RuleDEPARTMENT OF COMMERCECommerce DepartmentControl Policy: End-User and End-Use Base2015-33049"https://www.gpo.gov/fdsys/pkg/FR-2015-12-31/pdf/2015-33049.pdfhttps://www.federalregister.gov/documents/2015/12/31/2015-33049/control-policy-end-user-and-end-use-base
2015-12-28RuleDEPARTMENT OF COMMERCECommerce DepartmentRussian Sanctions: Addition of Certain Persons to the Entity ListThe Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding sixteen persons under seventeen entries to the Entity List. The sixteen persons who are added to the Entity List have been determined by the U.S....2015-32607"https://www.gpo.gov/fdsys/pkg/FR-2015-12-28/pdf/2015-32607.pdfhttps://www.federalregister.gov/documents/2015/12/28/2015-32607/russian-sanctions-addition-of-certain-persons-to-the-entity-listThe Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding sixteen persons under seventeen entries to the Entity List. The sixteen persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. BIS is taking this action to ensure the efficacy of existing sanctions on the Russian Federation (Russia) for violating international law and fueling the conflict in eastern Ukraine. These persons will be listed on the Entity List under the destinations of the Crimea region of Ukraine, Cyprus, Luxembourg, Panama, Russia, Switzerland, and the United Kingdom. Lastly, this final rule includes a clarification for how entries that include references to Sec. 746.5 on the Entity List are to be interpreted.
2015-12-28Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentGuidance on Charging and Penalty Determinations in Settlement of Administrative Enforcement Cases, Revision of Supplement No. 1 to Part 766 of the Export Administration RegulationsThis proposed rule would revise Bureau of Industry and Security's (BIS) guidance regarding administrative enforcement cases based on violations of the Export Administration Regulations (EAR). The rule would rewrite Supplement No. 1 to part 766 of the...2015-32606"https://www.gpo.gov/fdsys/pkg/FR-2015-12-28/pdf/2015-32606.pdfhttps://www.federalregister.gov/documents/2015/12/28/2015-32606/guidance-on-charging-and-penalty-determinations-in-settlement-of-administrative-enforcement-casesThis proposed rule would revise Bureau of Industry and Security's (BIS) guidance regarding administrative enforcement cases based on violations of the Export Administration Regulations (EAR). The rule would rewrite Supplement No. 1 to part 766 of the EAR, setting forth the factors BIS considers when setting penalties in settlements of administrative enforcement cases and when deciding whether to pursue administrative charges or settle allegations of EAR violations. This proposed rule would not apply to alleged violations of part 760-- Restrictive Trade Practices and Boycotts, which would continue to be subject to Supplement No. 2 to part 766. BIS is proposing these changes to make administrative penalties more predictable to the public and aligned with those promulgated by the Department of the Treasury, Office of Foreign Assets Control (OFAC).
2015-12-23RuleDEPARTMENT OF COMMERCECommerce DepartmentBoundary Expansion of Thunder Bay National Marine Sanctuary; Correction and Expansion of Fagatele Bay National Marine Sanctuary, Regulatory Changes, and Sanctuary Name Change; CorrectionNOAA originally published final rules expanding the boundaries of Thunder Bay National Marine Sanctuary (TBNMS) and National Marine Sanctuary of American Samoa (NMSAS), and specifying new boundary coordinates for those sanctuaries, on September 5,...2015-32265"https://www.gpo.gov/fdsys/pkg/FR-2015-12-23/pdf/2015-32265.pdfhttps://www.federalregister.gov/documents/2015/12/23/2015-32265/boundary-expansion-of-thunder-bay-national-marine-sanctuary-correction-and-expansion-of-fagatele-bayNOAA originally published final rules expanding the boundaries of Thunder Bay National Marine Sanctuary (TBNMS) and National Marine Sanctuary of American Samoa (NMSAS), and specifying new boundary coordinates for those sanctuaries, on September 5, 2014, and July 26, 2012, respectively. Upon adding the new boundaries for both sanctuaries to NOAA nautical charts, NOAA noticed that some of the coordinates did not match the description of the boundaries in the respective final rules. This action corrects those errors in the coordinates, and updates the format of the tables of coordinates for NMSAS. This action also makes corrections to the boundary description for the Swains Island unit of NMSAS and makes a correction to the use of the term ``mean high high water''. This correcting amendment will ensure proper mapping and enforcement of TBNMS and NMSAS. This action makes no substantive change to the regulations and does not expand or otherwise alter the size or geographic boundaries of the sanctuaries.
2015-12-18RuleDEPARTMENT OF COMMERCECommerce DepartmentAtlantic Highly Migratory Species; Smoothhound Shark Management MeasuresNMFS announces approval by the Office of Management and Budget (OMB) of collection-of-information requirements contained in regulations pertaining to the U.S. Atlantic smoothhound shark fisheries in a final rule that was published on November 24, 2015....2015-31782"https://www.gpo.gov/fdsys/pkg/FR-2015-12-18/pdf/2015-31782.pdfhttps://www.federalregister.gov/documents/2015/12/18/2015-31782/atlantic-highly-migratory-species-smoothhound-shark-management-measuresNMFS announces approval by the Office of Management and Budget (OMB) of collection-of-information requirements contained in regulations pertaining to the U.S. Atlantic smoothhound shark fisheries in a final rule that was published on November 24, 2015. The intent of this final rule is to inform the public of the effectiveness of the collection-of-information requirements associated with the commercial smoothhound shark permit.
2015-12-17RuleDEPARTMENT OF COMMERCECommerce DepartmentRecordkeeping2015-31733"https://www.gpo.gov/fdsys/pkg/FR-2015-12-17/pdf/2015-31733.pdfhttps://www.federalregister.gov/documents/2015/12/17/2015-31733/recordkeeping
2015-12-17RuleDEPARTMENT OF COMMERCECommerce DepartmentDefinitions of Terms2015-31737"https://www.gpo.gov/fdsys/pkg/FR-2015-12-17/pdf/2015-31737.pdfhttps://www.federalregister.gov/documents/2015/12/17/2015-31737/definitions-of-terms
2015-12-15RuleDEPARTMENT OF COMMERCECommerce DepartmentNotice of Delay of Discharge Requirements for U.S. Coast Guard Activities in Greater Farallones and Cordell Bank National Marine Sanctuaries; CorrectionThe National Oceanic and Atmospheric Administration (NOAA) published a document in the Federal Register of December 1, 2015 concerning the postponement of the discharge requirements for U.S. Coast Guard activities for another 6 months to provide...2015-31494"https://www.gpo.gov/fdsys/pkg/FR-2015-12-15/pdf/2015-31494.pdfhttps://www.federalregister.gov/documents/2015/12/15/2015-31494/notice-of-delay-of-discharge-requirements-for-us-coast-guard-activities-in-greater-farallones-andThe National Oceanic and Atmospheric Administration (NOAA) published a document in the Federal Register of December 1, 2015 concerning the postponement of the discharge requirements for U.S. Coast Guard activities for another 6 months to provide adequate time for completion of an environmental assessment, and subsequent rulemaking, as appropriate. That document was missing the associated Rule Identification Number (RIN).
2015-12-10RuleDEPARTMENT OF COMMERCECommerce DepartmentCommerce Control List Overview and the Country Chart2015-31132"https://www.gpo.gov/fdsys/pkg/FR-2015-12-10/pdf/2015-31132.pdfhttps://www.federalregister.gov/documents/2015/12/10/2015-31132/commerce-control-list-overview-and-the-country-chart
2015-12-10RuleDEPARTMENT OF COMMERCECommerce DepartmentThe Commerce Control List2015-31130"https://www.gpo.gov/fdsys/pkg/FR-2015-12-10/pdf/2015-31130.pdfhttps://www.federalregister.gov/documents/2015/12/10/2015-31130/the-commerce-control-list
2015-12-09RuleDEPARTMENT OF COMMERCECommerce DepartmentUpdated Statements of Legal Authority for the Export Administration RegulationsThis rule updates the Code of Federal Regulations (CFR) legal authority citations in the Export Administration Regulations (EAR) to cite the most recent Presidential notice continuing an emergency declared pursuant to the International Emergency...2015-30753"https://www.gpo.gov/fdsys/pkg/FR-2015-12-09/pdf/2015-30753.pdfhttps://www.federalregister.gov/documents/2015/12/09/2015-30753/updated-statements-of-legal-authority-for-the-export-administration-regulationsThis rule updates the Code of Federal Regulations (CFR) legal authority citations in the Export Administration Regulations (EAR) to cite the most recent Presidential notice continuing an emergency declared pursuant to the International Emergency Economic Powers Act. This is a non-substantive rule that only updates authority paragraphs of the EAR. It does not alter any right, obligation or prohibition that applies to any person under the EAR.
2015-12-03RuleDEPARTMENT OF COMMERCECommerce DepartmentWassenaar Arrangement 2014 Plenary Agreements Implementation and Country Policy Amendments; CorrectionThe Bureau of Industry and Security (BIS) maintains, as part of its Export Administration Regulations (EAR), the Commerce Control List (CCL), which identifies certain of the items subject to Department of Commerce jurisdiction. This correction rule...2015-30253"https://www.gpo.gov/fdsys/pkg/FR-2015-12-03/pdf/2015-30253.pdfhttps://www.federalregister.gov/documents/2015/12/03/2015-30253/wassenaar-arrangement-2014-plenary-agreements-implementation-and-country-policy-amendmentsThe Bureau of Industry and Security (BIS) maintains, as part of its Export Administration Regulations (EAR), the Commerce Control List (CCL), which identifies certain of the items subject to Department of Commerce jurisdiction. This correction rule revises the Commerce Country Chart by implementing revisions that BIS inadvertently omitted from the ``Wassenaar Arrangement 2014 Plenary Agreements Implementation and Country Policy Amendments'' rule published on May 21, 2015 (80 FR 29442) (``May 21 rule''), for Argentina and South Africa. This rule also implements the Wassenaar Arrangement (WA) agreement to make a clarification to the control text for rebreathing equipment that BIS inadvertently did not make in the May 21 rule. A license requirement note indicating jurisdiction is corrected and a related control note is clarified in an entry on the CCL controlling space launch vehicles and ``spacecraft,'' ``space buses,'' ``spacecraft payloads,'' etc., as the range of the reference was incorrectly stated in the May 21 rule. The reference concerning jurisdiction for ``specially designed'' parts, components, systems and structures, for launch vehicles, launch vehicle propulsion systems or ``spacecraft'' is corrected in the CCL entry controlling such items in this rule. In addition, this rule makes one minor correction to remove Fiji from Column D:5 ``U.S. Arms Embargoed Countries,'' as well as from Country Group D, because Fiji is not listed under any other column within Country Group D and because the Department of State published a final rule that revised the International Traffic in Arms Regulations (ITAR) to rescind the previous policy of denying the export of defense articles and defense services to Fiji. Lastly, this rule removes an outdated reference in the Definitions part of the EAR.
2015-12-02Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentExport Control Reform: Conforming Change to Defense Sales Offset Reporting RequirementsThis proposed rule would require reporting of offsets agreements in connection with sales of items controlled in ``600 series'' Export Control Classification Numbers (ECCNs) on the Commerce Control List (CCL) except for certain submersible and...2015-30421"https://www.gpo.gov/fdsys/pkg/FR-2015-12-02/pdf/2015-30421.pdfhttps://www.federalregister.gov/documents/2015/12/02/2015-30421/export-control-reform-conforming-change-to-defense-sales-offset-reporting-requirementsThis proposed rule would require reporting of offsets agreements in connection with sales of items controlled in ``600 series'' Export Control Classification Numbers (ECCNs) on the Commerce Control List (CCL) except for certain submersible and semi-submersible cargo transport vessels and related items that are not on control lists of any of the multilateral export control regimes of which the United States is a member. Since the early 1990s, BIS has required reporting of offsets agreements in connection with sales of items controlled on the United States Munitions List (USML). Those reporting requirements would continue, unchanged by this rule. Beginning on October 15, 2013, some items have been removed from the USML and added to 600 series ECCNs as part of the Administration's Export Control Reform Initiative. These items were subject to offsets reporting requirements prior to being added to 600 series ECCNs. In addition, as part of that same initiative, some items that were subject to the Export Administration Regulations (EAR) have also been added to 600 series ECCNs. These items were not subject to offsets reporting requirements prior to being added to 600 series ECCNs. This proposed rule would require reporting of offsets agreements in connection with sales of items controlled in 600 series ECCNs regardless of whether the item was added to a 600 series ECCN simultaneously with its removal from the USML or was subject to the EAR prior to its inclusion in a 600 series ECCN. BIS is proposing this action because, except for the vessels and related items noted above, items controlled in 600 series ECCNs are of a military nature. BIS believes that collecting information regarding offsets requirements in connection with the sale of such items is necessary to make a report to Congress mandated by the Defense Production Act complete.
2015-12-01RuleDEPARTMENT OF COMMERCECommerce DepartmentNotice of Delay of Discharge Requirements for U.S. Coast Guard Activities in Greater Farallones and Cordell Bank National Marine SanctuariesThe National Oceanic and Atmospheric Administration (NOAA) expanded the boundaries of Gulf of the Farallones National Marine Sanctuary (now renamed Greater Farallones National Marine Sanctuary or GFNMS) and Cordell Bank National Marine Sanctuary...2015-30434"https://www.gpo.gov/fdsys/pkg/FR-2015-12-01/pdf/2015-30434.pdfhttps://www.federalregister.gov/documents/2015/12/01/2015-30434/notice-of-delay-of-discharge-requirements-for-us-coast-guard-activities-in-greater-farallones-andThe National Oceanic and Atmospheric Administration (NOAA) expanded the boundaries of Gulf of the Farallones National Marine Sanctuary (now renamed Greater Farallones National Marine Sanctuary or GFNMS) and Cordell Bank National Marine Sanctuary (CBNMS) to an area north and west of their previous boundaries with a final rule published on March 12, 2015. The Final Rule entered into effect on June 9, 2015. At that time, NOAA postponed the effectiveness of the discharge requirements in both sanctuaries' regulations with regard to U.S. Coast Guard activities for 6 months. This document extends the postponement of the discharge requirements for these activities for another 6 months to provide adequate time for completion of an environmental assessment, and subsequent rulemaking, as appropriate.
2015-11-25Proposed RuleDEPARTMENT OF HOMELAND SECURITYHomeland Security DepartmentFederal Policy for the Protection of Human SubjectsThe Department of Health and Human Services and the other Federal Departments and Agencies listed in this document are extending the comment period on the Federal Policy for the Protection of Human Subjects notice of proposed rulemaking. The NPRM...2015-30122"https://www.gpo.gov/fdsys/pkg/FR-2015-11-25/pdf/2015-30122.pdfhttps://www.federalregister.gov/documents/2015/11/25/2015-30122/federal-policy-for-the-protection-of-human-subjectsThe Department of Health and Human Services and the other Federal Departments and Agencies listed in this document are extending the comment period on the Federal Policy for the Protection of Human Subjects notice of proposed rulemaking. The NPRM requests comment on proposed revisions to modernize, strengthen, and make more effective the Federal Policy for the Protection of Human Subjects that was promulgated as a Common Rule in 1991. The NPRM was published in the Federal Register on September 8, 2015.
2015-11-16RuleDEPARTMENT OF COMMERCECommerce DepartmentAmendment to the Export Administration Regulations to Add XBS Epoxy System to the List of 0Y521 Series; Technical Amendment to Update Other 0Y521 ItemsIn this interim final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to make certain items subject to the EAR and to impose on those items a license requirement for export and reexport to all...2015-28978"https://www.gpo.gov/fdsys/pkg/FR-2015-11-16/pdf/2015-28978.pdfhttps://www.federalregister.gov/documents/2015/11/16/2015-28978/amendment-to-the-export-administration-regulations-to-add-xbs-epoxy-system-to-the-list-of-0y521In this interim final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to make certain items subject to the EAR and to impose on those items a license requirement for export and reexport to all destinations, except Canada. Specifically, this rule classifies the specified XBS Epoxy System under Export Control Classification Number (ECCN) 0C521 on the Commerce Control List (CCL). As described in the final rule that established the 0Y521 series and that was published in the Federal Register on April 13, 2012, items are added to the 0Y521 series upon a determination by the Department of Commerce, with the concurrence of the Departments of Defense and State, that the items should be controlled for export because the items provide at least a significant military or intelligence advantage to the United States or foreign policy reasons justify control. The items identified in this rule are controlled for regional stability (RS) Column 1 reasons. The only license exception available for these items is for exports, reexports, and transfers (in-country) made by or consigned to a department or agency of the U.S. Government. In this rule, BIS also removes technology and software related to aircraft wing folding systems.
2015-11-16RuleDEPARTMENT OF COMMERCECommerce DepartmentExport Administration Regulations: Removal of Special Comprehensive License ProvisionsThe Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) Supplement that lists ``Information Collection Requirements Under the Paperwork Reduction Act: OMB Control Numbers'' to remove...2015-29084"https://www.gpo.gov/fdsys/pkg/FR-2015-11-16/pdf/2015-29084.pdfhttps://www.federalregister.gov/documents/2015/11/16/2015-29084/export-administration-regulations-removal-of-special-comprehensive-license-provisionsThe Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) Supplement that lists ``Information Collection Requirements Under the Paperwork Reduction Act: OMB Control Numbers'' to remove certain citations related to Special Comprehensive Licenses listed under Collection number 0607-0152. This final rule is precipitated by an error contained in a final rule published on August 26, 2015 that resulted in the retention of these citations. This action will ensure the accurate and complete implementation of the purposes of the August 26, 2015 final rule: To remove all Special Comprehensive License provisions and related provisions from the EAR.
2015-11-13RuleDEPARTMENT OF COMMERCECommerce DepartmentFreedom of Information Act and Privacy Act Regulations, Nomenclature ChangeThe Department of Commerce (Department) amends its regulations under the Freedom of Information Act (FOIA) and the Privacy Act (PA) to reflect an organizational change in the Department's Office of General Counsel (OGC). Specifically, this action...2015-28712"https://www.gpo.gov/fdsys/pkg/FR-2015-11-13/pdf/2015-28712.pdfhttps://www.federalregister.gov/documents/2015/11/13/2015-28712/freedom-of-information-act-and-privacy-act-regulations-nomenclature-changeThe Department of Commerce (Department) amends its regulations under the Freedom of Information Act (FOIA) and the Privacy Act (PA) to reflect an organizational change in the Department's Office of General Counsel (OGC). Specifically, this action removes from the provisions on FOIA appeals and the PA all references to the position of Assistant General Counsel for Administration, and replaces them with references to the new ``Assistant General Counsel for Litigation, Employment, and Oversight.'' The Department's OGC recently eliminated the position ``Assistant General Counsel for Administration,'' and this amendment updates the rules to implement that change. The rule also reflects that the Office of the Assistant General Counsel for Litigation, Employment, and Oversight will be conducting FOIA appeals and responding to requests for corrective action or review under the PA for the Department. This action merely makes a nomenclature change; the change has no substantive impact to the public, because the OGC has in the past and will continue to handle the FOIA and PA actions described above.
2015-11-12RuleDEPARTMENT OF COMMERCECommerce DepartmentAddition of Certain Persons and Modification of Certain Entries to the Entity List; and Removal of Certain Persons From the Entity ListThis rule amends the Export Administration Regulations (EAR) by adding seven persons under ten entries to the Entity List. The seven persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the...2015-28552"https://www.gpo.gov/fdsys/pkg/FR-2015-11-12/pdf/2015-28552.pdfhttps://www.federalregister.gov/documents/2015/11/12/2015-28552/addition-of-certain-persons-and-modification-of-certain-entries-to-the-entity-list-and-removal-ofThis rule amends the Export Administration Regulations (EAR) by adding seven persons under ten entries to the Entity List. The seven persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed on the Entity List under the destinations of China and Hong Kong. This final rule also removes two persons from the Entity List. One entity requested removal from the Entity List in accordance with the procedure for requesting removal or modification of an Entity List entity. The End-User Review Committee (ERC) decided to remove this entity following a review of information provided in the removal request. The ERC decided to remove a second person from the Entity List following a proposal submitted by an ERC member agency, in accordance with the procedure for requesting removal or modification of an Entity List entity. Finally, this final rule modifies ten existing entries on the Entity List consisting of one entry under China and nine entries under Hong Kong to provide additional or modified addresses and/or aliases for these persons.
2015-11-10RuleDEPARTMENT OF COMMERCECommerce DepartmentGeneral Information2015-28285"https://www.gpo.gov/fdsys/pkg/FR-2015-11-10/pdf/2015-28285.pdfhttps://www.federalregister.gov/documents/2015/11/10/2015-28285/general-information
2015-11-10RuleDEPARTMENT OF COMMERCECommerce DepartmentScope of the Export Administration Regulations2015-28286"https://www.gpo.gov/fdsys/pkg/FR-2015-11-10/pdf/2015-28286.pdfhttps://www.federalregister.gov/documents/2015/11/10/2015-28286/scope-of-the-export-administration-regulations
2015-11-06RuleDEPARTMENT OF COMMERCECommerce DepartmentInstruments and Apparatus for Educational and Scientific Institutions2015-28282"https://www.gpo.gov/fdsys/pkg/FR-2015-11-06/pdf/2015-28282.pdfhttps://www.federalregister.gov/documents/2015/11/06/2015-28282/instruments-and-apparatus-for-educational-and-scientific-institutions
2015-11-06RuleDEPARTMENT OF COMMERCECommerce DepartmentInstruments and Apparatus for Educational and Scientific Institutions2015-28281"https://www.gpo.gov/fdsys/pkg/FR-2015-11-06/pdf/2015-28281.pdfhttps://www.federalregister.gov/documents/2015/11/06/2015-28281/instruments-and-apparatus-for-educational-and-scientific-institutions
2015-11-06RuleDEPARTMENT OF COMMERCECommerce DepartmentWatch, Watch Instruments, and Jewelry Program2015-28284"https://www.gpo.gov/fdsys/pkg/FR-2015-11-06/pdf/2015-28284.pdfhttps://www.federalregister.gov/documents/2015/11/06/2015-28284/watch-watch-instruments-and-jewelry-program
2015-11-05RuleDEPARTMENT OF COMMERCECommerce DepartmentPublic Information, Freedom of Information Act and Privacy Act RegulationsThis rule amends the Department of Commerce's (Department) Privacy Act regulations under the Privacy Act. The revisions add a new Privacy Act System of Records, entitled ``COMMERCE/DEPT-25, Access Control and Identity Management System,'' to the...2015-28063"https://www.gpo.gov/fdsys/pkg/FR-2015-11-05/pdf/2015-28063.pdfhttps://www.federalregister.gov/documents/2015/11/05/2015-28063/public-information-freedom-of-information-act-and-privacy-act-regulationsThis rule amends the Department of Commerce's (Department) Privacy Act regulations under the Privacy Act. The revisions add a new Privacy Act System of Records, entitled ``COMMERCE/DEPT-25, Access Control and Identity Management System,'' to the General and Specific exemptions sections of the Department's Privacy Act regulations. The Privacy Act requires agencies to identify records exempted from a provision of the General and/or Specific exemptions sections of the Act. This document helps the Department comply with this requirement.
2015-10-28RuleDEPARTMENT OF COMMERCECommerce DepartmentAmendments to Existing Validated End-User Authorizations in the People's Republic of ChinaIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing authorizations for Validated End Users Advanced Micro-Fabrication Equipment, Inc., China (AMEC) and Applied Materials...2015-27442"https://www.gpo.gov/fdsys/pkg/FR-2015-10-28/pdf/2015-27442.pdfhttps://www.federalregister.gov/documents/2015/10/28/2015-27442/amendments-to-existing-validated-end-user-authorizations-in-the-peoples-republic-of-chinaIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing authorizations for Validated End Users Advanced Micro-Fabrication Equipment, Inc., China (AMEC) and Applied Materials (China), Inc. (AMC) in the People's Republic of China (PRC). Specifically, BIS amends Supplement No. 7 to Part 748 of the EAR to add one item to AMEC's list of eligible items that may be exported, reexported or transferred (in country) to the company's eligible facility in the PRC, and to add a facility and an item to Validated End User AMC's list of eligible destinations and eligible items.
2015-10-22RuleDEPARTMENT OF COMMERCECommerce DepartmentSchedule of Fees for Access to NOAA Environmental Data, Information, and Related Products and ServicesIn this final rule, NESDIS establishes a new schedule of fees for the sale of its data, information, and related products and services to users. NESDIS is revising the fee schedule that has been in effect since 2013 to ensure that the fees accurately...2015-26850"https://www.gpo.gov/fdsys/pkg/FR-2015-10-22/pdf/2015-26850.pdfhttps://www.federalregister.gov/documents/2015/10/22/2015-26850/schedule-of-fees-for-access-to-noaa-environmental-data-information-and-related-products-and-servicesIn this final rule, NESDIS establishes a new schedule of fees for the sale of its data, information, and related products and services to users. NESDIS is revising the fee schedule that has been in effect since 2013 to ensure that the fees accurately reflect the costs of providing access to the environmental data, information, and related products and services. NESDIS is authorized under 15 U.S.C. 1534 to assess fees, up to fair market value, for access to environmental data, information, and products derived from, collected, and/or archived by NOAA. Other than depreciation, costs to upgrade computer hardware and software systems will not be included in the fees charged to users. NESDIS is updating its schedule of fees for access to NOAA Environmental Data, Information, and Related Products and Services as costs of providing access have changed since 2013.
2015-10-09RuleDEPARTMENT OF COMMERCECommerce DepartmentUpdated Statements of Legal Authority for the Export Administration Regulations To Include Continuation of Emergency Declared in Executive Order 13224This rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite the most recent Presidential notice continuing an emergency declared pursuant to the International Emergency...2015-25756"https://www.gpo.gov/fdsys/pkg/FR-2015-10-09/pdf/2015-25756.pdfhttps://www.federalregister.gov/documents/2015/10/09/2015-25756/updated-statements-of-legal-authority-for-the-export-administration-regulations-to-includeThis rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite the most recent Presidential notice continuing an emergency declared pursuant to the International Emergency Economic Powers Act. This is a non-substantive rule that only updates authority paragraphs of the EAR. It does not alter any right, obligation or prohibition that applies to any person under the EAR.
2015-10-09Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentCommerce Control List: Request for Comments Regarding Controls on Military Vehicles, Vessels of War, Submersible Vessels, Oceanographic Equipment, and Auxiliary and Miscellaneous Military EquipmentThe Bureau of Industry and Security (BIS), Department of Commerce, maintains the Export Administration Regulations, including the Commerce Control List (CCL). The Export Control Reform Initiative, a fundamental reform of the U.S. export control system,...2015-25752"https://www.gpo.gov/fdsys/pkg/FR-2015-10-09/pdf/2015-25752.pdfhttps://www.federalregister.gov/documents/2015/10/09/2015-25752/commerce-control-list-request-for-comments-regarding-controls-on-military-vehicles-vessels-of-warThe Bureau of Industry and Security (BIS), Department of Commerce, maintains the Export Administration Regulations, including the Commerce Control List (CCL). The Export Control Reform Initiative, a fundamental reform of the U.S. export control system, has resulted in transfer to the CCL of items that the President has determined do not warrant control on the United States Munitions List (USML), including certain military vehicles, vessels of war, submersible vessels, oceanographic equipment, auxiliary and miscellaneous military equipment, and related items therefor. The USML is part of the International Traffic in Arms Regulations maintained by the Department of State. Through this notice, BIS is seeking public comments to perform a complementary review of the aforementioned items on the CCL, concurrent with the Department of State's review of the controls implemented in its recent revisions to Categories VI, VII, XIII, and XX of the USML (which control surface vessels of war and special naval equipment, military ground vehicles, miscellaneous military articles and materials, submersible vessels, and related items therefor), to ensure that the descriptions of these items on the CCL are clear, do not inadvertently control items in normal commercial use, account for technological developments, and properly implement the national security and foreign policy objectives of the reform effort. This notice also furthers the retrospective regulatory review directed by the President in Executive Order 13563.
2015-10-07RuleDEPARTMENT OF COMMERCECommerce DepartmentInternational Fisheries; Pacific Tuna Fisheries; Establishment of Tuna Vessel Monitoring System in the Eastern Pacific OceanNMFS is issuing regulations under the Tuna Conventions Act to implement Resolution C-14-02 of the Inter-American Tropical Tuna Commission (IATTC) by establishing requirements for any U.S. commercial fishing vessel that is 24 meters (78.74 feet) or more...2015-25474"https://www.gpo.gov/fdsys/pkg/FR-2015-10-07/pdf/2015-25474.pdfhttps://www.federalregister.gov/documents/2015/10/07/2015-25474/international-fisheries-pacific-tuna-fisheries-establishment-of-tuna-vessel-monitoring-system-in-theNMFS is issuing regulations under the Tuna Conventions Act to implement Resolution C-14-02 of the Inter-American Tropical Tuna Commission (IATTC) by establishing requirements for any U.S. commercial fishing vessel that is 24 meters (78.74 feet) or more in overall length engaging in fishing activities for either tuna or tuna-like species in the eastern Pacific Ocean. This rule is necessary to ensure full U.S. compliance with its international obligations under the IATTC Convention.
2015-10-07RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions to the Unverified List (UVL)The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding twelve (12) persons to the Unverified List (the ``Unverified List'' or UVL), adding additional addresses for four (4) persons currently listed...2015-25450"https://www.gpo.gov/fdsys/pkg/FR-2015-10-07/pdf/2015-25450.pdfhttps://www.federalregister.gov/documents/2015/10/07/2015-25450/revisions-to-the-unverified-list-uvlThe Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding twelve (12) persons to the Unverified List (the ``Unverified List'' or UVL), adding additional addresses for four (4) persons currently listed on the UVL, and removing two (2) persons from the UVL. The 12 persons are being added to the UVL on the basis that BIS could not verify their bona fides because an end-use check could not be completed satisfactorily for reasons outside the U.S. Government's control. New addresses are added for four current UVL persons because BIS has determined they are receiving U.S. exports at addresses not previously included in their UVL listings. Finally, two persons are removed from the UVL based on BIS's ability to verify those person's bona fides through the successful completion of end-use checks.
2015-10-01RuleDEPARTMENT OF COMMERCECommerce DepartmentInternational Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Effort and Catch Limits and Other Restrictions and RequirementsNMFS issues a final rule and final specifications under authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFC Implementation Act). The final rule establishes a framework under which NMFS will specify limits on...2015-24853"https://www.gpo.gov/fdsys/pkg/FR-2015-10-01/pdf/2015-24853.pdfhttps://www.federalregister.gov/documents/2015/10/01/2015-24853/international-fisheries-western-and-central-pacific-fisheries-for-highly-migratory-species-fishingNMFS issues a final rule and final specifications under authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFC Implementation Act). The final rule establishes a framework under which NMFS will specify limits on fishing effort and catches, as well as spatial and temporal restrictions on particular fishing activities and other requirements, in U.S. fisheries for highly migratory fish species in the western and central Pacific Ocean (WCPO). NMFS will issue the specifications as may be necessary to implement conservation and management measures adopted by the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Commission or WCPFC). The final rule also requires that certain U.S. fishing vessels operating in the WCPO obtain ``IMO numbers.'' The final rule also includes changes to regulations regarding tuna catch retention requirements for purse seine vessels, requirements to install and carry vessel monitoring system (VMS) units, daily reporting requirements, and other changes that are administrative in nature. Using the regulatory framework described above, NMFS also issues final specifications for 2015 that restrict the use of fish aggregating devices (FADs) by purse seine vessels. These actions are necessary to satisfy the obligations of the United States under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), to which it is a Contracting Party.
2015-09-21RuleDEPARTMENT OF COMMERCECommerce DepartmentEnhancing Support for the Cuban PeopleThis rule amends the Export Administration Regulations (EAR) to expand the scope of License Exception Support for the Cuban People (SCP) to facilitate engagement between the U.S. and Cuban people; the free flow of information to, from, and among the...2015-23495"https://www.gpo.gov/fdsys/pkg/FR-2015-09-21/pdf/2015-23495.pdfhttps://www.federalregister.gov/documents/2015/09/21/2015-23495/enhancing-support-for-the-cuban-peopleThis rule amends the Export Administration Regulations (EAR) to expand the scope of License Exception Support for the Cuban People (SCP) to facilitate engagement between the U.S. and Cuban people; the free flow of information to, from, and among the Cuban people; and independent economic activity generated by Cuba's private sector. It also makes temporary sojourns of most vessels to Cuba eligible for License Exception Aircraft, Vessels and Spacecraft (AVS). Additionally, this rule creates a case-by-case review policy of license applications to export and reexport to Cuba items to ensure the safety of civil aviation and safe operation of commercial passenger aircraft. Finally, it amends the deemed export and deemed reexport license requirements for releases of technology and source code to Cuban nationals; removes certain unintended restrictions on exports and reexports under License Exception SCP and License Exception Consumer Communications Devices (CCD); and makes certain technical corrections to License Exception Agricultural Commodities (AGR).
2015-09-18RuleDEPARTMENT OF COMMERCECommerce DepartmentImplementation of the Australia Group (AG) November 2013 Intersessional Decisions; CorrectionThe Bureau of Industry and Security (BIS) publishes this final rule to correct typographical errors contained in a final rule published on June 16, 2015 (80 FR 34266), which amended the Export Administration Regulations (EAR) to implement the...2015-23500"https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23500.pdfhttps://www.federalregister.gov/documents/2015/09/18/2015-23500/implementation-of-the-australia-group-ag-november-2013-intersessional-decisions-correctionThe Bureau of Industry and Security (BIS) publishes this final rule to correct typographical errors contained in a final rule published on June 16, 2015 (80 FR 34266), which amended the Export Administration Regulations (EAR) to implement the recommendations presented at the November 2013 Australia Group (AG) intersessional implementation meeting and later adopted pursuant to the AG silent approval procedure. The typographical errors appear in a Note to ECCN 1C351.a, which includes viruses identified on the AG ``List of Human and Animal Pathogens and Toxins for Export Control.'' This rule also identifies another typographical error in the June 16, 2015, final rule involving the ``Reason for Control'' paragraph for ECCN 1E351. This error does not require a correction at this time, but is being identified to provide clarification to the public.
2015-09-17Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentInitiation of Review of Management Plan and Regulations of the Monterey Bay National Marine Sanctuary; Intent To Conduct Scoping and Prepare Draft Environmental Impact Statement and Management Plan; CorrectionOn August 27, 2015, NOAA published a notice of intent in the Federal Register (80 FR 51973) to initiate public scoping for the management plan review for Monterey Bay National Marine Sanctuary (MBNMS). This notice alerts the public of the addition of a...2015-23417"https://www.gpo.gov/fdsys/pkg/FR-2015-09-17/pdf/2015-23417.pdfhttps://www.federalregister.gov/documents/2015/09/17/2015-23417/initiation-of-review-of-management-plan-and-regulations-of-the-monterey-bay-national-marineOn August 27, 2015, NOAA published a notice of intent in the Federal Register (80 FR 51973) to initiate public scoping for the management plan review for Monterey Bay National Marine Sanctuary (MBNMS). This notice alerts the public of the addition of a public scoping meeting in Half Moon Bay on October 14, 2015. It also makes a correction to the docket number for submission of public comments on the online rulemaking portal at www.regulations.gov. The correct docket number is NOAA-NOS-2015-0099. The end of the scoping period remains October 30, 2015.
2015-09-08Proposed RuleDEPARTMENT OF HOMELAND SECURITYHomeland Security DepartmentFederal Policy for the Protection of Human SubjectsThe departments and agencies listed in this document propose revisions to modernize, strengthen, and make more effective the Federal Policy for the Protection of Human Subjects that was promulgated as a Common Rule in 1991. This NPRM seeks comment on...2015-21756"https://www.gpo.gov/fdsys/pkg/FR-2015-09-08/pdf/2015-21756.pdfhttps://www.federalregister.gov/documents/2015/09/08/2015-21756/federal-policy-for-the-protection-of-human-subjectsThe departments and agencies listed in this document propose revisions to modernize, strengthen, and make more effective the Federal Policy for the Protection of Human Subjects that was promulgated as a Common Rule in 1991. This NPRM seeks comment on proposals to better protect human subjects involved in research, while facilitating valuable research and reducing burden, delay, and ambiguity for investigators. This proposed rule is an effort to modernize, simplify, and enhance the current system of oversight. The participating departments and agencies propose these revisions to the human subjects regulations because they believe these changes would strengthen protections for research subjects while facilitating important research.
2015-09-02RuleDEPARTMENT OF COMMERCECommerce DepartmentAddition of Certain Persons to the Entity ListThe Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding twenty-nine persons under thirty-three entries to the Entity List. The twenty-nine persons who are added to the Entity List have been determined by...2015-21682"https://www.gpo.gov/fdsys/pkg/FR-2015-09-02/pdf/2015-21682.pdfhttps://www.federalregister.gov/documents/2015/09/02/2015-21682/addition-of-certain-persons-to-the-entity-listThe Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding twenty-nine persons under thirty-three entries to the Entity List. The twenty-nine persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. BIS is taking this action to ensure the efficacy of existing sanctions on the Russian Federation (Russia) for violating international law and fueling the conflict in eastern Ukraine. These persons will be listed on the Entity List under the destinations of Crimea region of Ukraine, Cyprus, Finland, Romania, Russia, Switzerland, Ukraine, and the United Kingdom. This final rule also revises the reference to Crimea (occupied) on the Entity List to conform to other references in the EAR that refer to the Crimea region of Ukraine.
2015-09-02RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions to License Exception Availability for Consumer Communications Devices and Licensing Policy for Civil Telecommunications-Related Items Such as Infrastructure Regarding Sudan; CorrectionThe Bureau of Industry and Security publishes this rule to correct an error in License Exception Temporary imports, exports, reexports, and transfers (in-country) (TMP) to make certain consumer communications devices and related software eligible for...2015-21695"https://www.gpo.gov/fdsys/pkg/FR-2015-09-02/pdf/2015-21695.pdfhttps://www.federalregister.gov/documents/2015/09/02/2015-21695/revisions-to-license-exception-availability-for-consumer-communications-devices-and-licensing-policyThe Bureau of Industry and Security publishes this rule to correct an error in License Exception Temporary imports, exports, reexports, and transfers (in-country) (TMP) to make certain consumer communications devices and related software eligible for temporary export and reexport to Sudan as ``tools of trade.'' This error was introduced in a final rule published in February 2015 that amended the Export Administration Regulations to authorize License Exception Consumer Communications Devices (CCD) for use in Sudan and made changes to License Exception TMP. BIS is publishing this rule to facilitate use of employer-owned devices such as cell phones, Wi-Fi-equipped computers and tablets by persons engaged in humanitarian efforts in Sudan.
2015-09-02RuleDEPARTMENT OF COMMERCECommerce DepartmentUpdated Statements of Legal Authority for the Export Administration Regulations To Include August 7, 2015 Extension of Emergency Declared in Executive Order 13222This rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite the most recent Presidential notice extending an emergency declared pursuant to the International Emergency...2015-21683"https://www.gpo.gov/fdsys/pkg/FR-2015-09-02/pdf/2015-21683.pdfhttps://www.federalregister.gov/documents/2015/09/02/2015-21683/updated-statements-of-legal-authority-for-the-export-administration-regulations-to-include-august-7This rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite the most recent Presidential notice extending an emergency declared pursuant to the International Emergency Economic Powers Act. This is a procedural rule that only updates authority paragraphs of the EAR. It does not alter any right, obligation or prohibition that applies to any person under the EAR.
2015-08-27Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentInitiation of Review of Management Plan and Regulations of the Monterey Bay National Marine Sanctuary; Intent To Conduct Scoping and Prepare Draft Environmental Impact Statement and Management PlanMonterey Bay National Marine Sanctuary (MBNMS or sanctuary) was designated in September 1992. It spans 4,601 square nautical miles (6.094 square miles) of marine waters off the central California coast, encompassing several large, nearshore submarine...2015-21132"https://www.gpo.gov/fdsys/pkg/FR-2015-08-27/pdf/2015-21132.pdfhttps://www.federalregister.gov/documents/2015/08/27/2015-21132/initiation-of-review-of-management-plan-and-regulations-of-the-monterey-bay-national-marineMonterey Bay National Marine Sanctuary (MBNMS or sanctuary) was designated in September 1992. It spans 4,601 square nautical miles (6.094 square miles) of marine waters off the central California coast, encompassing several large, nearshore submarine canyons, an offshore seamount and numerous marine habitats representative of the central California coastal and marine ecosystem. The present management plan was written and published in 2008 along with a final environmental impact statement in accordance with the National Environmental Policy Act (NEPA). In accordance with Section 304(e) of the National Marine Sanctuaries Act, as amended, (NMSA), the Office of National Marine Sanctuaries (ONMS) of the National Oceanic and Atmospheric Administration (NOAA) is initiating a review of the MBNMS management plan, to evaluate substantive progress toward implementing the goals for the sanctuary, and to make revisions to the plan and regulations as necessary to fulfill the purposes and policies of the NMSA. NOAA anticipates regulatory and management plan changes will require preparation of an environmental analysis under the National Environmental Policy Act (NEPA). NOAA will conduct public scoping meetings to gather information and other comments from individuals, organizations, tribes, and government agencies on the scope, types and significance of issues related to the MBNMS management plan and regulations and the proper scope of environmental review for the project. The scoping meetings are scheduled as detailed below.
2015-08-26RuleDEPARTMENT OF COMMERCECommerce DepartmentExport Administration Regulations: Removal of Special Comprehensive License ProvisionsIn this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by removing the Special Comprehensive License (SCL) authorization. Based on changes to the EAR as part of Export Control Reform, BIS...2015-20980"https://www.gpo.gov/fdsys/pkg/FR-2015-08-26/pdf/2015-20980.pdfhttps://www.federalregister.gov/documents/2015/08/26/2015-20980/export-administration-regulations-removal-of-special-comprehensive-license-provisionsIn this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by removing the Special Comprehensive License (SCL) authorization. Based on changes to the EAR as part of Export Control Reform, BIS concludes that the SCL has outlived its usefulness to the exporting public since recent changes to the EAR permit exporters to accomplish similar results using individual licenses and without undertaking the more onerous SCL application. This rule also makes conforming amendments. These changes are part of BIS's efforts to further update export controls under the EAR consistent with the Retrospective Regulatory Review Initiative that directs BIS and other federal agencies to streamline regulations and reduce unnecessary regulatory burdens on the public.
2015-08-21RuleDEPARTMENT OF COMMERCECommerce DepartmentUpdate to List of Countries Where Persons in the United States May Request Department of Defense Assistance in Obtaining Priority Delivery of ContractsThe Defense Priorities and Allocations System (DPAS) Regulations contain a list of countries with which the Department of Defense (DOD) has entered into security of supply arrangements. Persons in the United States may request the assistance of the DOD...2015-20704"https://www.gpo.gov/fdsys/pkg/FR-2015-08-21/pdf/2015-20704.pdfhttps://www.federalregister.gov/documents/2015/08/21/2015-20704/update-to-list-of-countries-where-persons-in-the-united-states-may-request-department-of-defenseThe Defense Priorities and Allocations System (DPAS) Regulations contain a list of countries with which the Department of Defense (DOD) has entered into security of supply arrangements. Persons in the United States may request the assistance of the DOD in seeking priority delivery from parties in those countries. This rule adds Spain to the list, reflecting DOD's recent security of supply arrangement with that country. Listing these countries in the DPAS Regulations is purely informational and does not affect any right, duty or prohibition that applies to any person under those regulations.
2015-08-12RuleDEPARTMENT OF COMMERCECommerce DepartmentFisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Framework Adjustment 9NMFS is implementing regulations consistent with Framework Adjustment 9 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan. This action will further enhance catch monitoring and address discarding catch before it has been sampled...2015-19823"https://www.gpo.gov/fdsys/pkg/FR-2015-08-12/pdf/2015-19823.pdfhttps://www.federalregister.gov/documents/2015/08/12/2015-19823/fisheries-of-the-northeastern-united-states-atlantic-mackerel-squid-and-butterfish-fisheriesNMFS is implementing regulations consistent with Framework Adjustment 9 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan. This action will further enhance catch monitoring and address discarding catch before it has been sampled by observers (known as slippage) in the Atlantic mackerel fishery. Framework 9 implements slippage consequence measures, and a requirement that slippage events be reported via the vessel monitoring system. For allowable slippage events, due to safety, mechanical failure, or excess catch of spiny dogfish, vessels must move 15 nm (27.8 km) from the location of the slippage event. For non-allowable slippage events, due to reasons other than those listed previously, vessels must terminate their fishing trip. Slippage events have the potential to substantially affect analysis or extrapolations of incidental catch, including river herring and shad, and these measures are designed to address this issue.
2015-08-11Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentFish and Fish Product Import Provisions of the Marine Mammal Protection ActNMFS is proposing to revise its regulations to implement the import provisions of the Marine Mammal Protection Act (MMPA). These proposed regulations would establish conditions for evaluating a harvesting nation's regulatory program for reducing marine...2015-19231"https://www.gpo.gov/fdsys/pkg/FR-2015-08-11/pdf/2015-19231.pdfhttps://www.federalregister.gov/documents/2015/08/11/2015-19231/fish-and-fish-product-import-provisions-of-the-marine-mammal-protection-actNMFS is proposing to revise its regulations to implement the import provisions of the Marine Mammal Protection Act (MMPA). These proposed regulations would establish conditions for evaluating a harvesting nation's regulatory program for reducing marine mammal incidental mortality and serious injury in fisheries that export fish and fish products to the United States. Under this proposed rule, harvesting nations must apply for and receive a comparability finding for each fishery identified by the Assistant Administrator in the List of Foreign Fisheries in order to import fish and fish products into the United States. The proposed rule establishes procedures that a harvesting nation must follow, and conditions to meet, to receive a comparability finding for a fishery. The proposed rule also establishes procedures for intermediary nations to certify that exports from those nations to the United States do not contain fish or fish products subject to an import prohibition. Agency actions and recommendations under this rule will be in accordance with U.S. obligations under applicable international trade law, including the World Trade Organization (WTO) Agreement.
2015-08-07RuleDEPARTMENT OF COMMERCECommerce DepartmentRussian Sanctions: Addition to the Entity List To Prevent Violations of Russian Industry Sector SanctionsThis final rule amends the Export Administration Regulations (EAR) to further implement U.S. sanctions on certain Russian energy projects. Specifically, in this rule, the Bureau of Industry and Security (BIS) amends the EAR by adding a Russian oil and...2015-19274"https://www.gpo.gov/fdsys/pkg/FR-2015-08-07/pdf/2015-19274.pdfhttps://www.federalregister.gov/documents/2015/08/07/2015-19274/russian-sanctions-addition-to-the-entity-list-to-prevent-violations-of-russian-industry-sectorThis final rule amends the Export Administration Regulations (EAR) to further implement U.S. sanctions on certain Russian energy projects. Specifically, in this rule, the Bureau of Industry and Security (BIS) amends the EAR by adding a Russian oil and gas field, the Yuzhno-Kirinskoye Field located in the Sea of Okhotsk, to the Entity List. This Russian field is reported to contain substantial reserves of oil in addition to reserves of gas. The U.S. Government has determined, therefore, that exports, reexports, and transfers (in- country) of all items subject to the EAR to this Russian field by any person without first obtaining a BIS license present an unacceptable risk of use in, or diversion to, the activities specified in the Russian industry sector sanctions. Thus, as part of the BIS ``is informed'' process, this final rule adds this Russian field to the Entity List to further implement the Russian industry sector sanctions. This Russian field will be listed on the Entity List under the destination of Russia. This final rule clarifies the introductory text of the Entity List to specify that the embargoes and other special controls part of the EAR is also used to add entities to the Entity List. Lastly, this final rule makes a change to the Russian industry sector sanctions by clarifying the additional prohibition on those informed by BIS also includes end-uses that are within the scope of the Russian Industry sector sanctions.
2015-07-28RuleDEPARTMENT OF COMMERCECommerce DepartmentAddition of Certain Persons to the Entity List; and Removal of Certain Persons From the Entity List Based on Removal RequestsThis rule amends the Export Administration Regulations (EAR) by adding ten persons to the Entity List. The ten persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or...2015-18511"https://www.gpo.gov/fdsys/pkg/FR-2015-07-28/pdf/2015-18511.pdfhttps://www.federalregister.gov/documents/2015/07/28/2015-18511/addition-of-certain-persons-to-the-entity-list-and-removal-of-certain-persons-from-the-entity-listThis rule amends the Export Administration Regulations (EAR) by adding ten persons to the Entity List. The ten persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These ten persons will be listed on the Entity List under the destinations of China and South Korea. This final rule also removes four persons from the Entity List, as the result of requests for removal submitted by these persons, a review of information provided in the removal requests in accordance with the procedure for requesting removal or modification of an Entity List entity, and further review conducted by the End-User Review Committee (ERC).
2015-07-28RuleDEPARTMENT OF COMMERCECommerce DepartmentFederal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal AwardsThe Department of Commerce publishes this rule to adopt as a final rule, without change, a joint interim final rule published with the Office of Management and Budget (OMB) for all Federal award-making agencies that implemented guidance on Uniform...2015-18196"https://www.gpo.gov/fdsys/pkg/FR-2015-07-28/pdf/2015-18196.pdfhttps://www.federalregister.gov/documents/2015/07/28/2015-18196/federal-awarding-agency-regulatory-implementation-of-office-of-management-and-budgets-uniformThe Department of Commerce publishes this rule to adopt as a final rule, without change, a joint interim final rule published with the Office of Management and Budget (OMB) for all Federal award-making agencies that implemented guidance on Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). This rule is necessary to incorporate into regulation and thus bring into effect the Uniform Guidance as required by OMB for the Department of Commerce.
2015-07-22RuleDEPARTMENT OF COMMERCECommerce DepartmentCuba: Implementing Rescission of State Sponsor of Terrorism DesignationThis rule amends the Export Administration Regulations (EAR) to implement the rescission of Cuba's designation as a State Sponsor of Terrorism. Specifically, this rule removes anti-terrorism (AT) license requirements from Cuba and eliminates references...2015-17981"https://www.gpo.gov/fdsys/pkg/FR-2015-07-22/pdf/2015-17981.pdfhttps://www.federalregister.gov/documents/2015/07/22/2015-17981/cuba-implementing-rescission-of-state-sponsor-of-terrorism-designationThis rule amends the Export Administration Regulations (EAR) to implement the rescission of Cuba's designation as a State Sponsor of Terrorism. Specifically, this rule removes anti-terrorism (AT) license requirements from Cuba and eliminates references to Cuba as a State Sponsor of Terrorism, but maintains preexisting license requirements for all items subject to the EAR unless authorized by a license exception. This rule also removes Cuba from Country Group E:1 (terrorist supporting countries), which makes Cuba eligible for a general 25 percent de minimis level and portions of four license exceptions. The Secretary of State rescinded the designation of Cuba as a State Sponsor of Terrorism on May 29, 2015.
2015-07-15RuleDEPARTMENT OF COMMERCECommerce DepartmentU.S. Industrial Base Surveys Pursuant to the Defense Production Act of 1950This rule sets forth the policies and procedures of the Bureau of Industry and Security (BIS) for conducting surveys to obtain information in order to perform industry studies assessing the U.S. industrial base to support the national defense pursuant...2015-17388"https://www.gpo.gov/fdsys/pkg/FR-2015-07-15/pdf/2015-17388.pdfhttps://www.federalregister.gov/documents/2015/07/15/2015-17388/us-industrial-base-surveys-pursuant-to-the-defense-production-act-of-1950This rule sets forth the policies and procedures of the Bureau of Industry and Security (BIS) for conducting surveys to obtain information in order to perform industry studies assessing the U.S. industrial base to support the national defense pursuant to the Defense Production Act of 1950, as amended. Specifically, this rule provides a description of BIS's authority to issue surveys; the purpose for the surveys and the manner in which such surveys are developed; the confidential treatment of submitted information; and the penalties for non-compliance with surveys. This rule is intended to facilitate compliance with surveys, thereby resulting in stronger and more complete assessments of the U.S. industrial base.
2015-07-13RuleDEPARTMENT OF COMMERCECommerce DepartmentClarifications and Corrections to the Export Administration Regulations (EAR): Control of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML)This final rule makes additional clarifications and corrections to the interim final rule that was published on May 13, 2014. The May 13 rule added controls to the Export Administration Regulations (EAR) for spacecraft and related items that the...2015-16904"https://www.gpo.gov/fdsys/pkg/FR-2015-07-13/pdf/2015-16904.pdfhttps://www.federalregister.gov/documents/2015/07/13/2015-16904/clarifications-and-corrections-to-the-export-administration-regulations-ear-control-of-spacecraftThis final rule makes additional clarifications and corrections to the interim final rule that was published on May 13, 2014. The May 13 rule added controls to the Export Administration Regulations (EAR) for spacecraft and related items that the President has determined no longer warrant control under United States Munitions List (USML) Category XV--spacecraft and related items. The changes included in this final rule are limited to corrections and clarifications to what was included in the interim final rule. This is the second corrections and clarifications rule BIS has published for the May 13 rule. These corrections and clarifications were also informed by comments received in response to the May 13 rule that included a request for comments. The corrections and clarifications to the May 13 rule are also part of Commerce's retrospective regulatory review plan under Executive Order (EO) 13563 (see the SUPPLEMENTARY INFORMATION section of this rule for information on the availability of the plan).
2015-06-29Proposed RuleDEPARMENT OF COMMERCECommerce DepartmentPublic Information, Freedom of Information Act and Privacy Act RegulationsOn May 8, 2015, the Department of Commerce (Department) published in the Federal Register a proposed rule to revise the Department's regulations under the Privacy Act. In particular, the Department proposed to amend its regulations regarding applicable...2015-15865"https://www.gpo.gov/fdsys/pkg/FR-2015-06-29/pdf/2015-15865.pdfhttps://www.federalregister.gov/documents/2015/06/29/2015-15865/public-information-freedom-of-information-act-and-privacy-act-regulationsOn May 8, 2015, the Department of Commerce (Department) published in the Federal Register a proposed rule to revise the Department's regulations under the Privacy Act. In particular, the Department proposed to amend its regulations regarding applicable exemptions to the Privacy Act to reflect new Department wide systems of records notices published since the last time the regulations were updated. The Department opened a public comment period through June 8, 2015. The Department is reopening the original public comment period of 30 days for the proposed rulemaking for an additional 30 days from the date of publication of this notice. The reopening is necessary because not all interested parties may have been given appropriate notification about this proposed new system of records, as well as time to respond with comments prior to the closing date of the original public comment period of June 8, 2015.
2015-06-19RuleDEPARTMENT OF COMMERCECommerce DepartmentAddition of Certain Persons to the Entity ListC1-2014-17196"https://www.gpo.gov/fdsys/pkg/FR-2015-06-19/pdf/C1-2014-17196.pdfhttps://www.federalregister.gov/documents/2015/06/19/C1-2014-17196/addition-of-certain-persons-to-the-entity-list
2015-06-19RuleDEPARTMENT OF COMMERCECommerce DepartmentPacific Halibut Fisheries; Revisions to Charter Halibut Fisheries Management in AlaskaNMFS issues regulations that revise Federal regulations regarding sport fishing guide services for Pacific halibut in International Pacific Halibut Commission Regulatory Areas 2C (Southeast Alaska) and 3A (Central Gulf of Alaska). The regulations...2015-15085"https://www.gpo.gov/fdsys/pkg/FR-2015-06-19/pdf/2015-15085.pdfhttps://www.federalregister.gov/documents/2015/06/19/2015-15085/pacific-halibut-fisheries-revisions-to-charter-halibut-fisheries-management-in-alaskaNMFS issues regulations that revise Federal regulations regarding sport fishing guide services for Pacific halibut in International Pacific Halibut Commission Regulatory Areas 2C (Southeast Alaska) and 3A (Central Gulf of Alaska). The regulations remove the requirement that a guided sport (charter) vessel guide be on board the same vessel as a charter vessel angler to meet the definition of providing sport fishing guide services. This final rule clarifies that all sport fishing for halibut in which anglers receive assistance from a compensated guide would be managed under charter fishery regulations, and all harvest (except halibut harvested under the Guided Angler Fish Program) would accrue toward charter allocations. This final rule aligns Federal regulations with State of Alaska regulations. This final rule makes additional minor changes to the regulatory text pertaining to the charter halibut fishery to maintain consistency in the regulations with these new definitions. This action is necessary to achieve the halibut fishery management goals of the North Pacific Fishery Management Council.
2015-06-17Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentCommerce Control List: Addition of Items Determined to No Longer Warrant Control Under United States Munitions List Category XIV (Toxicological Agents) or Category XVIII (Directed Energy Weapons)This proposed rule describes how articles the President determines no longer warrant control under Category XIV (Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment) or Category XVIII (Directed Energy Weapons)...2015-14474"https://www.gpo.gov/fdsys/pkg/FR-2015-06-17/pdf/2015-14474.pdfhttps://www.federalregister.gov/documents/2015/06/17/2015-14474/commerce-control-list-addition-of-items-determined-to-no-longer-warrant-control-under-united-statesThis proposed rule describes how articles the President determines no longer warrant control under Category XIV (Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment) or Category XVIII (Directed Energy Weapons) of the United States Munitions List (USML) would be controlled under the Commerce Control List (CCL). The affected Category XIV articles consist primarily of dissemination, detection and protection ``equipment'' and related articles and would be controlled under new Export Control Classification Numbers (ECCNs) 1A607, 1B607, 1C607, 1D607, and 1E607, as proposed by this rule. The affected Category XVIII articles consist primarily of tooling, production ``equipment,'' test and evaluation ``equipment,'' test models and related articles and would be controlled under new ECCNs 6B619, 6D619 and 6E619, as proposed by this rule. This rule is one in a series of proposed rules describing how various types of articles that the President determines no longer warrant control on the USML, as part of the Administration's Export Control Reform Initiative, would be controlled on the CCL in accordance with the requirements of the Export Administration Regulations (EAR). This proposed rule is being published by the Bureau of Industry and Security (BIS) in conjunction with a proposed rule from the Department of State, Directorate of Defense Trade Controls, which would amend the list of articles controlled by USML Categories XIV and XVIII. The citations in this BIS proposed rule to USML Categories XIV and XVIII reflect the proposed amendments contained in the Department of State's rule. The revisions proposed by BIS in this rule are part of Commerce's retrospective regulatory review plan under Executive Order 13563 completed in August 2011.
2015-06-16RuleDEPARTMENT OF COMMERCECommerce DepartmentImplementation of the Australia Group (AG) November 2013 Intersessional DecisionsThe Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to implement the recommendations presented at the November 2013 Australia Group (AG) intersessional implementation meeting and...2015-14471"https://www.gpo.gov/fdsys/pkg/FR-2015-06-16/pdf/2015-14471.pdfhttps://www.federalregister.gov/documents/2015/06/16/2015-14471/implementation-of-the-australia-group-ag-november-2013-intersessional-decisionsThe Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to implement the recommendations presented at the November 2013 Australia Group (AG) intersessional implementation meeting and later adopted pursuant to the AG silent approval procedure. Specifically, this rule amends the Commerce Control List (CCL) entry in the EAR that controls certain human and zoonotic pathogens and toxins, and removes the CCL entry that controls certain animal pathogens to reflect the merger of two AG common control lists based on recommendations presented at the AG intersessional implementation meeting. As a result of these recommendations, the AG ``List of Animal Pathogens for Export Control'' was merged with the AG ``List of Biological Agents for Export Control,'' creating a single AG common control list for these items (i.e., the AG ``List of Human and Animal Pathogens and Toxins for Export Control''). The scope of the controls on these human and animal pathogens and toxins was not affected by the merger of the two lists into a single AG common control list. This rule also makes conforming amendments to other provisions in the EAR to reflect these changes. In addition, this rule amends the CCL entry that controls chemical manufacturing facilities and equipment to reflect changes to the AG ``Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology and Software,'' based on the November 2013 AG intersessional recommendation to revise controls on certain valves, casings (valve bodies) designed for such valves, and preformed casing liners designed for such valves. This rule also amends this CCL entry to add a Technical Note clarifying how the terms ``multi-seal'' and ``seal-less'' are used with respect to the controls on pumps. In a change unrelated to any revisions to the AG common control lists or guidelines, this rule also amends this CCL entry to authorize the use of License Exception LVS for specified shipments. This rule does not contain changes based on the understandings reached at the June 2014 AG Plenary meeting, because no amendments to the EAR were required as a result of these understandings.
2015-06-15RuleDEPARTMENT OF COMMERCECommerce DepartmentExpansion of Gulf of the Farallones and Cordell Bank National Marine Sanctuaries, and Regulatory Changes; Name ChangeThe National Oceanic and Atmospheric Administration (NOAA) is providing notice that the final rule published on March 12, 2015 (80 FR 13078) became effective on June 9, 2015. NOAA is also changing the name of Gulf of the Farallones National Marine...2015-14639"https://www.gpo.gov/fdsys/pkg/FR-2015-06-15/pdf/2015-14639.pdfhttps://www.federalregister.gov/documents/2015/06/15/2015-14639/expansion-of-gulf-of-the-farallones-and-cordell-bank-national-marine-sanctuaries-and-regulatoryThe National Oceanic and Atmospheric Administration (NOAA) is providing notice that the final rule published on March 12, 2015 (80 FR 13078) became effective on June 9, 2015. NOAA is also changing the name of Gulf of the Farallones National Marine Sanctuary to Greater Farallones National Marine Sanctuary.
2015-06-09RuleDEPARTMENT OF COMMERCECommerce DepartmentFisheries off West Coast States; Highly Migratory Fisheries; California Swordfish Drift Gillnet Fishery; Vessel Monitoring System RequirementsNMFS announces approval by the Office of Management and Budget (OMB) of collection-of-information requirements contained in regulations pertaining to the U.S. West Coast drift gillnet (DGN) fishery in a final rule that published on February 26, 2015,...2015-14002"https://www.gpo.gov/fdsys/pkg/FR-2015-06-09/pdf/2015-14002.pdfhttps://www.federalregister.gov/documents/2015/06/09/2015-14002/fisheries-off-west-coast-states-highly-migratory-fisheries-california-swordfish-drift-gillnetNMFS announces approval by the Office of Management and Budget (OMB) of collection-of-information requirements contained in regulations pertaining to the U.S. West Coast drift gillnet (DGN) fishery in a final rule that published on February 26, 2015, pursuant to the Paperwork Reduction Act of 1995 under OMB control number 0648- 0498. The intent of this final rule is to publish the OMB control number for the collection-of-information requirements associated with the vessel monitoring system (VMS) regulations and to inform the public of their effectiveness.
2015-06-04RuleDEPARTMENT OF COMMERCECommerce DepartmentAddition of Certain Person to the Entity ListIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding one person to the Entity List. The person who is added to the Entity List is located in Ecuador and has been determined by the U.S....2015-13632"https://www.gpo.gov/fdsys/pkg/FR-2015-06-04/pdf/2015-13632.pdfhttps://www.federalregister.gov/documents/2015/06/04/2015-13632/addition-of-certain-person-to-the-entity-listIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding one person to the Entity List. The person who is added to the Entity List is located in Ecuador and has been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. This person will be listed on the Entity List under the destination of Ecuador.
2015-06-03Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions to Definitions in the Export Administration RegulationsThis proposed rule is part of the Administration's Export Control Reform Initiative. The Initiative will enhance U.S. national and economic security, facilitate compliance with export controls, update the controls, and reduce unnecessary regulatory...2015-12843"https://www.gpo.gov/fdsys/pkg/FR-2015-06-03/pdf/2015-12843.pdfhttps://www.federalregister.gov/documents/2015/06/03/2015-12843/revisions-to-definitions-in-the-export-administration-regulationsThis proposed rule is part of the Administration's Export Control Reform Initiative. The Initiative will enhance U.S. national and economic security, facilitate compliance with export controls, update the controls, and reduce unnecessary regulatory burdens on U.S. exporters. As part of this effort, this rulemaking proposes revisions to the Export Administration Regulations (EAR) to include the definitions of ``technology,'' ``required,'' ``peculiarly responsible,'' ``proscribed person,'' ``published,'' results of ``fundamental research,'' ``export,'' ``reexport,'' ``release,'' ``transfer,'' and ``transfer (in-country)'' to enhance clarity and consistency with terms also found on the International Traffic in Arms Regulations (ITAR), which is administered by the Department of State, Directorate of Defense Trade Controls (DDTC). This rulemaking also proposes amendments to the Scope part of the EAR to update and clarify application of controls to electronically transmitted and stored technology and software. DDTC is concurrently publishing comparable proposed amendments to the ITAR's definitions of ``technical data,'' ``required,'' ``peculiarly responsible,'' ``public domain,'' results of ``fundamental research,'' ``export,'' ``reexport,'' ``release,'' and ``retransfer'' for the same reasons. Finally, this rulemaking proposes conforming changes to related provisions.
2015-05-29RuleDEPARTMENT OF COMMERCECommerce DepartmentGulf of the Farallones and Monterey Bay National Marine Sanctuaries Regulations on Introduced Species; Notification of Effective DateNOAA published a final rule to prohibit the introduction of introduced species into the state waters of Gulf of the Farallones and Monterey Bay national marine sanctuaries, and to revise the corresponding sanctuary terms of designation on February 19,...2015-12186"https://www.gpo.gov/fdsys/pkg/FR-2015-05-29/pdf/2015-12186.pdfhttps://www.federalregister.gov/documents/2015/05/29/2015-12186/gulf-of-the-farallones-and-monterey-bay-national-marine-sanctuaries-regulations-on-introducedNOAA published a final rule to prohibit the introduction of introduced species into the state waters of Gulf of the Farallones and Monterey Bay national marine sanctuaries, and to revise the corresponding sanctuary terms of designation on February 19, 2015 (80 FR 8778). Pursuant to Section 304(b) of the National Marine Sanctuaries Act (16 U.S.C. 1434(b)) the final regulations take effect after 45 days of continuous session of Congress beginning on February 19, 2015. Through this notification, NOAA is announcing the regulations became effective on May 15, 2015.
2015-05-22Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentAdditional Improvements and Harmonization of Export Clearance ProvisionsThe Bureau of Industry and Security (BIS) in this advanced notice of proposed rulemaking (ANPR) requests comments for how the export clearance requirements under the Export Administration Regulations (EAR) can be improved, including how the EAR export...2015-12296"https://www.gpo.gov/fdsys/pkg/FR-2015-05-22/pdf/2015-12296.pdfhttps://www.federalregister.gov/documents/2015/05/22/2015-12296/additional-improvements-and-harmonization-of-export-clearance-provisionsThe Bureau of Industry and Security (BIS) in this advanced notice of proposed rulemaking (ANPR) requests comments for how the export clearance requirements under the Export Administration Regulations (EAR) can be improved, including how the EAR export clearance provisions can be better harmonized with the export clearance requirements under the International Traffic in Arms Regulations (ITAR). This ANPR is part of Commerce's retrospective regulatory review and ongoing harmonization efforts being undertaken by Commerce and State as part of Export Control Reform (ECR) implementation. This ANPR is also part of Commerce's retrospective regulatory review plan under Executive Order (EO) 13563 (see the SUPPLEMENTARY INFORMATION for availability of the plan).
2015-05-22Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentExport Administration Regulations (EAR): Harmonization of the Destination Control StatementsThis proposed rule would revise the destination control statement in the Export Administration Regulations (EAR) to harmonize the statement required for the export of items subject to the EAR with the destination control statement in the International...2015-12298"https://www.gpo.gov/fdsys/pkg/FR-2015-05-22/pdf/2015-12298.pdfhttps://www.federalregister.gov/documents/2015/05/22/2015-12298/export-administration-regulations-ear-harmonization-of-the-destination-control-statementsThis proposed rule would revise the destination control statement in the Export Administration Regulations (EAR) to harmonize the statement required for the export of items subject to the EAR with the destination control statement in the International Traffic in Arms Regulations (ITAR). This proposed rule is published in conjunction with the publication of a Department of State, Directorate of Defense Trade Controls proposed rule revising the destination control statement in the ITAR. Both proposed rules being published today by the Departments of Commerce and State are part of the President's Export Control Reform Initiative. This proposed rule is also part of Commerce's retrospective regulatory review plan under Executive Order (E.O.) 13563 (see the SUPPLEMENTARY INFORMATION for availability of the plan).
2015-05-22RuleDEPARTMENT OF COMMERCECommerce DepartmentRussian Sanctions: Revisions and Clarifications for Licensing Policy for the Crimea Region of UkraineThe Bureau of Industry and Security (BIS) issues this final rule to amend the Export Administration Regulations (EAR) to facilitate Internet-based communications with persons in the Crimea region of Ukraine. This final rule allows exports or reexports...2015-12267"https://www.gpo.gov/fdsys/pkg/FR-2015-05-22/pdf/2015-12267.pdfhttps://www.federalregister.gov/documents/2015/05/22/2015-12267/russian-sanctions-revisions-and-clarifications-for-licensing-policy-for-the-crimea-region-of-ukraineThe Bureau of Industry and Security (BIS) issues this final rule to amend the Export Administration Regulations (EAR) to facilitate Internet-based communications with persons in the Crimea region of Ukraine. This final rule allows exports or reexports without a license to the Crimea region of Ukraine of software that is necessary to enable the exchange of personal communications over the Internet, provided that such software is designated EAR99, or is classified as mass market software under Export Control Classification Number (ECCN) 5D992.c of the EAR, and provided further that such software is widely available to the public at no cost to the user. This final rule is being published simultaneously with the Department of the Treasury's Office of Foreign Assets Control (OFAC) issuance of General License No. 9, which authorizes the export or reexport from the United States or by U.S. persons to the Crimea region of Ukraine of certain services and software incident to the exchange of personal communications over the Internet. This action is consistent with the U.S. Government's policy to promote personal communications between the people in Crimea and the outside world. Lastly, this final rule makes clarifications to the EAR with respect to the addition of the Crimea region of Ukraine provisions in a final rule published on January, 29, 2015, to the EAR. These clarifications are in response to requests that BIS received for guidance on applying these provisions.
2015-05-22RuleDEPARTMENT OF COMMERCECommerce DepartmentUpdated Statements of Legal Authority for the Export Administration RegulationsThis rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite a Presidential notice extending an emergency declared pursuant to the International Emergency Economic Powers Act....2015-12453"https://www.gpo.gov/fdsys/pkg/FR-2015-05-22/pdf/2015-12453.pdfhttps://www.federalregister.gov/documents/2015/05/22/2015-12453/updated-statements-of-legal-authority-for-the-export-administration-regulationsThis rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite a Presidential notice extending an emergency declared pursuant to the International Emergency Economic Powers Act. This is a procedural rule that only updates authority paragraphs of the EAR. It does not alter any right, obligation or prohibition that applies to any person under the EAR.
2015-05-21RuleDEPARTMENT OF COMMERCECommerce DepartmentWassenaar Arrangement 2014 Plenary Agreements Implementation and Country Policy AmendmentsThe Bureau of Industry and Security (BIS) maintains, as part of its Export Administration Regulations (EAR), the Commerce Control List (CCL), which identifies certain of the items subject to Department of Commerce jurisdiction. This final rule revises...2015-10579"https://www.gpo.gov/fdsys/pkg/FR-2015-05-21/pdf/2015-10579.pdfhttps://www.federalregister.gov/documents/2015/05/21/2015-10579/wassenaar-arrangement-2014-plenary-agreements-implementation-and-country-policy-amendmentsThe Bureau of Industry and Security (BIS) maintains, as part of its Export Administration Regulations (EAR), the Commerce Control List (CCL), which identifies certain of the items subject to Department of Commerce jurisdiction. This final rule revises the CCL to implement changes made to the Wassenaar Arrangement's List of Dual-Use Goods and Technologies (Wassenaar List) maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement, or WA) at the December 2014 WA Plenary Meeting (the Plenary). The twentieth Plenary meeting of the Wassenaar Arrangement was held in Vienna on 2 to 3 December 2014. The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability. Wassenaar Participating States agreed to new export controls in a number of areas, including spacecraft equipment (Category 9) and technology for fly-by-wire/flight-by-light systems (Category 7), while texts for the control of machine tools (Category 2) and optical equipment for military utility and fiber laser components (Category 6) were substantially revised. In addition, significant reviews of several categories resulted in the deletion of obsolete controls relating to vessels (Category 8) and in refined controls on Unmanned Aerial Vehicles--UAVs (Category 9), specifically taking note of the substantial progress of technology in that area. Wassenaar Participating States modified controls in a number of other areas, such as equipment for production of electronic devices (Category 3), certain telecommunications equipment where encryption and other ``information security'' functionality is limited to operations, administration, or maintenance (OAM) tasks (Category 5P2), and general purpose computers or servers where standard ``information security'' functionality is provided by embedded mass market microprocessors (CPUs) or operating systems (also Category 5P2). This rule amends the CCL by implementing the changes agreed to by the WA at the Plenary by revising 42 Export Control Classification Numbers (ECCNs), adding one ECCN and removing one ECCN, as well as amending the General Technology Note, WA reporting requirements, adding seven (7) definitions and revising six (6) definitions in the EAR. This rule also revises 3 ECCNs to add License Exception CIV eligibility for Anisotropic plasma dry etching equipment and related software and technology for the development and production of this equipment, as a result of BIS' foreign availability assessment. Country Group A column 1, the Coordinating Committee (CoCom) member countries, is replaced with the successor national security export regime the Wassenaar Arrangement Participating States. In addition, the second national security column and the second regional stability column of the Commerce Country Chart are amended to harmonize with each other, as well as make changes based on the risk of diversion to unauthorized end user, end uses or destinations.
2015-05-20Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentWassenaar Arrangement 2013 Plenary Agreements Implementation: Intrusion and Surveillance ItemsThe Bureau of Industry and Security (BIS) proposes to implement the agreements by the Wassenaar Arrangement (WA) at the Plenary meeting in December 2013 with regard to systems, equipment or components specially designed for the generation, operation or...2015-11642"https://www.gpo.gov/fdsys/pkg/FR-2015-05-20/pdf/2015-11642.pdfhttps://www.federalregister.gov/documents/2015/05/20/2015-11642/wassenaar-arrangement-2013-plenary-agreements-implementation-intrusion-and-surveillance-itemsThe Bureau of Industry and Security (BIS) proposes to implement the agreements by the Wassenaar Arrangement (WA) at the Plenary meeting in December 2013 with regard to systems, equipment or components specially designed for the generation, operation or delivery of, or communication with, intrusion software; software specially designed or modified for the development or production of such systems, equipment or components; software specially designed for the generation, operation or delivery of, or communication with, intrusion software; technology required for the development of intrusion software; Internet Protocol (IP) network communications surveillance systems or equipment and test, inspection, production equipment, specially designed components therefor, and development and production software and technology therefor. BIS proposes a license requirement for the export, reexport, or transfer (in-country) of these cybersecurity items to all destinations, except Canada. Although these cybersecurity capabilities were not previously designated for export control, many of these items have been controlled for their ``information security'' functionality, including encryption and cryptanalysis. This rule thus continues applicable Encryption Items (EI) registration and review requirements, while setting forth proposed license review policies and special submission requirements to address the new cybersecurity controls, including submission of a letter of explanation with regard to the technical capabilities of the cybersecurity items. BIS also proposes to add the definition of ``intrusion software'' to the definition section of the EAR pursuant to the WA 2013 agreements.
2015-05-20RuleDEPARTMENT OF COMMERCECommerce DepartmentInternational Services Surveys: BE-I80, Benchmark Survey of Financial Services Transactions Between U.S. Financial Services Providers and Foreign PersonsThis final rule amends regulations of the Bureau of Economic Analysis (BEA), Department of Commerce, to reinstate reporting requirements for the BE-180, Benchmark Survey of Financial Services Transactions between U.S. Financial Services Providers and...2015-11996"https://www.gpo.gov/fdsys/pkg/FR-2015-05-20/pdf/2015-11996.pdfhttps://www.federalregister.gov/documents/2015/05/20/2015-11996/international-services-surveys-be-i80-benchmark-survey-of-financial-services-transactions-between-usThis final rule amends regulations of the Bureau of Economic Analysis (BEA), Department of Commerce, to reinstate reporting requirements for the BE-180, Benchmark Survey of Financial Services Transactions between U.S. Financial Services Providers and Foreign Persons. Benchmark surveys are conducted every five years; the prior survey covered 2009. For the 2014 benchmark survey, BEA is making one change in the survey data items to collect data on equity- and debt- related underwriting transactions separately. This mandatory survey is conducted under the authority of the International Investment and Trade in Services Survey Act (the Act). Unlike most other BEA surveys conducted pursuant to the Act, a response is required from persons subject to the reporting requirements of the BE-180, Benchmark Survey of Financial Services Transactions between U.S. Financial Services Providers and Foreign Persons, whether or not they are contacted by BEA, to ensure Complete coverage of financial services transactions between U.S. financial services providers and foreign persons.
2015-05-19RuleDEPARTMENT OF COMMERCECommerce DepartmentFisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Crab Rationalization Program; Amendment 45; Pacific Cod Sideboard Allocations in the Gulf of AlaskaNMFS publishes regulations to implement Amendment 45 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (Crab FMP). Amendment 45 establishes, for a limited period of time, a process for NMFS to permanently remove...2015-12066"https://www.gpo.gov/fdsys/pkg/FR-2015-05-19/pdf/2015-12066.pdfhttps://www.federalregister.gov/documents/2015/05/19/2015-12066/fisheries-of-the-exclusive-economic-zone-off-alaska-bering-sea-and-aleutian-islands-crabNMFS publishes regulations to implement Amendment 45 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (Crab FMP). Amendment 45 establishes, for a limited period of time, a process for NMFS to permanently remove Pacific cod catch limits, known as sideboard limits, which are applicable to certain hook-and-line catcher/processors in the Central and Western Gulf of Alaska (GOA) Regulatory Areas. This action authorizes NMFS to remove these Pacific cod sideboard limits in the Central and/or Western GOA if each eligible participant in the hook-and-line catcher/processor sector in a regulatory area signs and submits a request that NMFS remove the sideboard limit. Each eligible participant will be required to submit the request to NMFS within 1 year of the date of publication of this final rule. This action is necessary to provide participants in the Central and Western GOA hook-and-line catcher/processor sectors with an opportunity to cooperatively coordinate harvests of Pacific cod through private arrangement to the participants' mutual benefit, which would remove the need for sideboard limits in these regulatory areas. This action is intended to promote the goals and objectives of the Crab FMP, the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act), and other applicable law.
2015-05-15RuleDEPARTMENT OF COMMERCECommerce DepartmentForeign Trade Regulations (FTR): Reinstatement of Exemptions Related to Temporary Exports, Carnets, and Shipments Under a Temporary Import BondThe Bureau of the Census (Census Bureau) issued a final rule amending the Foreign Trade Regulations (FTR) to eliminate the reporting requirement for temporary exports, which includes Carnets, and goods previously imported on a Temporary Import Bond...2015-11809"https://www.gpo.gov/fdsys/pkg/FR-2015-05-15/pdf/2015-11809.pdfhttps://www.federalregister.gov/documents/2015/05/15/2015-11809/foreign-trade-regulations-ftr-reinstatement-of-exemptions-related-to-temporary-exports-carnets-andThe Bureau of the Census (Census Bureau) issued a final rule amending the Foreign Trade Regulations (FTR) to eliminate the reporting requirement for temporary exports, which includes Carnets, and goods previously imported on a Temporary Import Bond (TIB). This final rule is being implemented to ensure consistency with the Customs Convention on the ATA Carnet for the Temporary Admission of Goods (ATA Convention) and reduce filing burden on the trade community. On September 12, 2014, the Census Bureau published this rule on an interim final basis. The Census Bureau is finalizing this rule without change.
2015-05-08Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentPublic Information, Freedom of Information Act and Privacy Act RegulationsThis rule proposes revisions to the Department of Commerce's (Department) regulations under the Privacy Act. The Privacy Act regulations are being updated to make technical changes to the applicable exemptions.2015-10451"https://www.gpo.gov/fdsys/pkg/FR-2015-05-08/pdf/2015-10451.pdfhttps://www.federalregister.gov/documents/2015/05/08/2015-10451/public-information-freedom-of-information-act-and-privacy-act-regulationsThis rule proposes revisions to the Department of Commerce's (Department) regulations under the Privacy Act. The Privacy Act regulations are being updated to make technical changes to the applicable exemptions.
2015-05-05Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions to the Export Administration Regulations (EAR): Control of Fire Control, Range Finder, Optical, and Guidance and Control Equipment the President Determines No Longer Warrant Control Under the United States Munitions List (USML)This proposed rule describes how articles the President determines no longer warrant control under Category XII (Fire Control, Range Finder, Optical and Guidance and Control Equipment) of the United States Munitions List (USML) of the International...2015-10353"https://www.gpo.gov/fdsys/pkg/FR-2015-05-05/pdf/2015-10353.pdfhttps://www.federalregister.gov/documents/2015/05/05/2015-10353/revisions-to-the-export-administration-regulations-ear-control-of-fire-control-range-finder-opticalThis proposed rule describes how articles the President determines no longer warrant control under Category XII (Fire Control, Range Finder, Optical and Guidance and Control Equipment) of the United States Munitions List (USML) of the International Traffic in Arms Regulations (ITAR) would be controlled under the Commerce Control List (CCL) by creating new ``600 series'' Export Control Classification Numbers (ECCN)s 6A615, 6B615 and 6D615 for military fire control, range finder, and optical items, by revising ECCN 7A611 and by creating new ECCNs 7B611, 7C611 and 7E611 for military optical and guidance items. In addition, for certain night vision items currently subject to the Export Administration Regulations (EAR), this rule proposes to expand the scope of control, eliminate the use of some license exceptions, and create new ECCNs for certain software and technology related to night vision items. This proposed rule would also expand the scope of end-use restrictions on certain exports and reexports of certain cameras, systems, or equipment and expand the scope of military commodities described in ECCN 0A919.
2015-04-29Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentProposed Expansion, Regulatory Revision and New Management Plan for the Public HearingsOn March 26, 2015, NOAA published a proposed rule in the Federal Register proposing to expand the boundaries and scope of the Hawaiian Islands Humpback Whale National Marine Sanctuary (HIHWNMS) (80 FR 16224). This document adds two additional hearings...2015-10015"https://www.gpo.gov/fdsys/pkg/FR-2015-04-29/pdf/2015-10015.pdfhttps://www.federalregister.gov/documents/2015/04/29/2015-10015/proposed-expansion-regulatory-revision-and-new-management-plan-for-the-public-hearingsOn March 26, 2015, NOAA published a proposed rule in the Federal Register proposing to expand the boundaries and scope of the Hawaiian Islands Humpback Whale National Marine Sanctuary (HIHWNMS) (80 FR 16224). This document adds two additional hearings to the public hearings listed in the proposed rule. The end of the scoping period remains June 19, 2015.
2015-04-23RuleDEPARTMENT OF COMMERCECommerce DepartmentAddition of Certain Persons to the Entity ListThis rule amends the Export Administration Regulations (EAR) by adding eight persons under nine entries to the Entity List. The eight persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the...2015-09442"https://www.gpo.gov/fdsys/pkg/FR-2015-04-23/pdf/2015-09442.pdfhttps://www.federalregister.gov/documents/2015/04/23/2015-09442/addition-of-certain-persons-to-the-entity-listThis rule amends the Export Administration Regulations (EAR) by adding eight persons under nine entries to the Entity List. The eight persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These eight persons will be listed on the Entity List under the destinations of China, Iran, Taiwan, and Turkey. There are nine entries for the eight persons because one person is listed in two locations, resulting in an additional entry. Specifically, the additional entry covers one person that will be listed on the Entity List under the destination of Iran and Turkey.
2015-04-17RuleDEPARTMENT OF COMMERCECommerce DepartmentThe Commerce Control List2015-08985"https://www.gpo.gov/fdsys/pkg/FR-2015-04-17/pdf/2015-08985.pdfhttps://www.federalregister.gov/documents/2015/04/17/2015-08985/the-commerce-control-list
2015-04-07RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions to the Export Administration Regulations Based on the 2014 Missile Technology Control Regime Plenary AgreementsThe Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the September and October 2014...2015-07872"https://www.gpo.gov/fdsys/pkg/FR-2015-04-07/pdf/2015-07872.pdfhttps://www.federalregister.gov/documents/2015/04/07/2015-07872/revisions-to-the-export-administration-regulations-based-on-the-2014-missile-technology-controlThe Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the September and October 2014 Plenary in Oslo, Norway, and pursuant to the 2014 Technical Experts Meeting in Prague, Czech Republic. This rule also makes conforming changes to correlate the Commerce Control List (CCL) (Supplement No. 1 to Part 774 of the EAR) with the current MTCR Annex. This final rule revises six Export Control Classification Numbers (ECCNs) to implement the changes that were agreed to at the meetings and to better align the MT controls on the CCL with the MTCR Annex.
2015-03-26RuleDEPARTMENT OF COMMERCECommerce DepartmentFisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Crab Rationalization ProgramNMFS issues regulations to implement Amendment 31 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (FMP). These regulations revise the rules governing the acquisition, use, and retention of quota share established...2015-06928"https://www.gpo.gov/fdsys/pkg/FR-2015-03-26/pdf/2015-06928.pdfhttps://www.federalregister.gov/documents/2015/03/26/2015-06928/fisheries-of-the-exclusive-economic-zone-off-alaska-bering-sea-and-aleutian-islands-crabNMFS issues regulations to implement Amendment 31 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (FMP). These regulations revise the rules governing the acquisition, use, and retention of quota share established for captains and crew, known as crew quota share or C shares, under the Crab Rationalization Program (CR Program). Regulations implementing Amendment 31 temporarily expand the eligibility requirements for individuals wishing to acquire C share Quota Share (QS) by transfer; establish minimum participation requirements for C share QS holders to be eligible to receive an annual allocation of Individual Fishing Quota (IFQ); establish minimum participation requirements for C share QS holders to be eligible to retain their C share QS and an administrative process for revocation of an individual's C share QS if he or she fails to satisfy the minimum participation requirements; establish a regulatory mechanism to ensure that three percent of the total allowable catch (TAC) for each CR Program crab fishery is allocated as IFQ to holders of C share QS; and remove the prohibition on leasing C share IFQ. In addition, this final rule implements a regulatory amendment to the CR Program that: Establishes an earlier deadline for filing annual IFQ, individual processing quota (IPQ), and crab harvesting cooperative IFQ applications, which increases the amount of time during which NMFS will suspend the processing of IFQ and IPQ transfer applications; shortens the amount of time in which to appeal an initial administrative determination to withhold issuance of IFQ or IPQ; and provides that an applicant's proof of timely filing for IFQ, IPQ, or cooperative IFQ creates a presumption of timely filing. Finally, this final rule revises the reporting period and due date for CR Program registered crab receiver (RCR) Ex-vessel Volume and Value Reports. This final rule is necessary to ensure that individuals who hold C shares are active in the CR Program fisheries and to ensure that application deadlines provide adequate time to resolve disputes. This final rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the FMP, and other applicable laws.
2015-03-26Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentProposed Expansion, Regulatory Revision and New Management Plan for the Hawaiian Islands Humpback Whale National Marine SanctuaryThe National Oceanic and Atmospheric Administration (NOAA) is proposing to expand the boundaries and scope of Hawaiian Islands Humpback Whale National Marine Sanctuary (HIHWNMS or sanctuary), amend the regulations for HIHWNMS, change the name of the...2015-06441"https://www.gpo.gov/fdsys/pkg/FR-2015-03-26/pdf/2015-06441.pdfhttps://www.federalregister.gov/documents/2015/03/26/2015-06441/proposed-expansion-regulatory-revision-and-new-management-plan-for-the-hawaiian-islands-humpbackThe National Oceanic and Atmospheric Administration (NOAA) is proposing to expand the boundaries and scope of Hawaiian Islands Humpback Whale National Marine Sanctuary (HIHWNMS or sanctuary), amend the regulations for HIHWNMS, change the name of the sanctuary, and revise the sanctuary's terms of designation and management plan. The purpose of this action is to transition the sanctuary from a single- species management approach to an ecosystem-based management approach. A draft environmental impact statement and draft revised management plan have been prepared for this proposed action. NOAA is soliciting public comment on the proposed rule, draft environmental impact statement, and draft revised management plan.
2015-03-13RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions To Support Document Requirements for License Applications Under the Export Administration RegulationsThis rule finalizes changes to the support document requirements for license applications submitted to the Bureau of Industry and Security (BIS) and is part of BIS's retrospective regulatory review under Executive Order 13563. In addition to clarifying...2015-05784"https://www.gpo.gov/fdsys/pkg/FR-2015-03-13/pdf/2015-05784.pdfhttps://www.federalregister.gov/documents/2015/03/13/2015-05784/revisions-to-support-document-requirements-for-license-applications-under-the-export-administrationThis rule finalizes changes to the support document requirements for license applications submitted to the Bureau of Industry and Security (BIS) and is part of BIS's retrospective regulatory review under Executive Order 13563. In addition to clarifying and streamlining the support document requirements for license applications in part 748 of the Export Administration Regulations (EAR), this final rule removes the requirement to obtain an International Import Certificate or Delivery Verification in connection with a license application and limits the requirement to obtain a Statement by Ultimate Consignee and Purchaser to exports, reexports, and transfers (in-country) of 600 Series Major Defense Equipment. Revisions to the EAR affecting BIS's participation in issuing documents for the Import Certificate and Delivery Verification system for imports into the United States will be addressed in a future final rule, as will potential substantive changes to information collections under the Paperwork Reduction Act.
2015-03-12RuleDEPARTMENT OF COMMERCECommerce DepartmentExpansion of Gulf of the Farallones and Cordell Bank National Marine Sanctuaries, and Regulatory ChangesThe National Oceanic and Atmospheric Administration (NOAA) is expanding the boundaries of Gulf of the Farallones National Marine Sanctuary (GFNMS) and Cordell Bank National Marine Sanctuary (CBNMS) to an area north and west of their current boundaries....2015-04502"https://www.gpo.gov/fdsys/pkg/FR-2015-03-12/pdf/2015-04502.pdfhttps://www.federalregister.gov/documents/2015/03/12/2015-04502/expansion-of-gulf-of-the-farallones-and-cordell-bank-national-marine-sanctuaries-and-regulatoryThe National Oceanic and Atmospheric Administration (NOAA) is expanding the boundaries of Gulf of the Farallones National Marine Sanctuary (GFNMS) and Cordell Bank National Marine Sanctuary (CBNMS) to an area north and west of their current boundaries. As part of this action, NOAA is revising the terms of designation, management plans, and regulations for these two sanctuaries.
2015-03-09Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentU.S. Industrial Base Surveys Pursuant to the Defense Production Act of 1950; CorrectionThis rule corrects the preamble to a proposed rule published in the Federal Register of March 3, 2015, regarding U.S. Industrial Base Surveys by adding the inadvertently omitted ADDRESSES Caption.2015-05324"https://www.gpo.gov/fdsys/pkg/FR-2015-03-09/pdf/2015-05324.pdfhttps://www.federalregister.gov/documents/2015/03/09/2015-05324/us-industrial-base-surveys-pursuant-to-the-defense-production-act-of-1950-correctionThis rule corrects the preamble to a proposed rule published in the Federal Register of March 3, 2015, regarding U.S. Industrial Base Surveys by adding the inadvertently omitted ADDRESSES Caption.
2015-03-06RuleDEPARTMENT OF COMMERCECommerce DepartmentBoundary Expansion of Thunder Bay National Marine Sanctuary; Notification of Effective DateNOAA published a final rule to expand the boundary of Thunder Bay National Marine Sanctuary (TBNMS or sanctuary), clarify the correlation between TBNMS regulations and Indian tribal fishing activities, and revise the corresponding sanctuary terms of...2015-05196"https://www.gpo.gov/fdsys/pkg/FR-2015-03-06/pdf/2015-05196.pdfhttps://www.federalregister.gov/documents/2015/03/06/2015-05196/boundary-expansion-of-thunder-bay-national-marine-sanctuary-notification-of-effective-dateNOAA published a final rule to expand the boundary of Thunder Bay National Marine Sanctuary (TBNMS or sanctuary), clarify the correlation between TBNMS regulations and Indian tribal fishing activities, and revise the corresponding sanctuary terms of designation on September 5, 2014 (79 FR 52960). The new boundary for TBNMS increases the size of the sanctuary from 448 square miles to 4,300 square miles and extends protection to 47 additional known historic shipwrecks of national significance. Pursuant to Section 304(b) of the National Marine Sanctuaries Act (16 U.S.C. 1434(b)) the final regulations take effect after 45 days of continuous session of Congress beginning on September 5, 2014. Through this notification, NOAA is announcing the regulations became effective on February 3, 2015.
2015-03-05RuleDEPARTMENT OF COMMERCECommerce DepartmentAmendments to Existing Validated End-User Authorization in the People's Republic of China: Samsung China Semiconductor Co. Ltd.In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing authorization for Validated End User Samsung China Semiconductor Co. Ltd. (Samsung China) in the People's Republic of...2015-05085"https://www.gpo.gov/fdsys/pkg/FR-2015-03-05/pdf/2015-05085.pdfhttps://www.federalregister.gov/documents/2015/03/05/2015-05085/amendments-to-existing-validated-end-user-authorization-in-the-peoples-republic-of-china-samsungIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing authorization for Validated End User Samsung China Semiconductor Co. Ltd. (Samsung China) in the People's Republic of China (PRC). Specifically, BIS amends Supplement No. 7 to Part 748 of the EAR to add two items to Samsung China's eligible items that may be exported, reexported or transferred (in country) to the company's eligible facilities (also known as ``eligible destinations'') in the PRC.
2015-03-03Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentU.S. Industrial Base Surveys Pursuant to the Defense Production Act of 1950This proposed rule would set forth the policies and procedures of the Bureau of Industry and Security (BIS) for conducting surveys to obtain information in order to perform industry studies assessing the U.S. industrial base to support the national...2015-04299"https://www.gpo.gov/fdsys/pkg/FR-2015-03-03/pdf/2015-04299.pdfhttps://www.federalregister.gov/documents/2015/03/03/2015-04299/us-industrial-base-surveys-pursuant-to-the-defense-production-act-of-1950This proposed rule would set forth the policies and procedures of the Bureau of Industry and Security (BIS) for conducting surveys to obtain information in order to perform industry studies assessing the U.S. industrial base to support the national defense pursuant to the Defense Production Act of 1950, as amended. Specifically, this proposed rule would provide a description of: BIS's authority to issue surveys; the purpose for the surveys and the manner in which such surveys are developed; the confidential treatment of submitted information; and the penalties for non-compliance with surveys. This rule is intended to facilitate compliance with surveys, thereby resulting in stronger and more complete assessments of the U.S. industrial base.
2015-03-02RuleDEPARTMENT OF COMMERCECommerce DepartmentOlympic Coast National Marine Sanctuary Regulations; CorrectionThe National Oceanic and Atmospheric Administration (NOAA) is reinstating missing paragraphs of the Olympic Coast National Marine Sanctuary (OCNMS) regulations that pertain to the issuance of permits. NOAA inadvertently excluded the paragraphs in the...2015-04237"https://www.gpo.gov/fdsys/pkg/FR-2015-03-02/pdf/2015-04237.pdfhttps://www.federalregister.gov/documents/2015/03/02/2015-04237/olympic-coast-national-marine-sanctuary-regulations-correctionThe National Oceanic and Atmospheric Administration (NOAA) is reinstating missing paragraphs of the Olympic Coast National Marine Sanctuary (OCNMS) regulations that pertain to the issuance of permits. NOAA inadvertently excluded the paragraphs in the publication of a November 2011 final rule revising OCNMS permitting regulations. The reinstatement of these paragraphs will ensure continued coordination with the treaty Indian tribes whose cultural and treaty resources may be affected by activities of regulated entities. In addition, these provisions provide notice to the regulated community of NOAA's responsibilities to treaty Indian tribes whose cultural and treaty resources may be affected by a permittee's proposed activities.
2015-03-02Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentNotice of Inquiry: Request for Comments Regarding Controls on Military Aircraft and Military Gas Turbine Engines on the Commerce Control ListThe Bureau of Industry and Security (BIS), Department of Commerce maintains the Export Administration Regulations, including the Commerce Control List (CCL). The Export Control Reform Initiative, a fundamental reform of the U.S. export control system,...2015-04293"https://www.gpo.gov/fdsys/pkg/FR-2015-03-02/pdf/2015-04293.pdfhttps://www.federalregister.gov/documents/2015/03/02/2015-04293/notice-of-inquiry-request-for-comments-regarding-controls-on-military-aircraft-and-military-gasThe Bureau of Industry and Security (BIS), Department of Commerce maintains the Export Administration Regulations, including the Commerce Control List (CCL). The Export Control Reform Initiative, a fundamental reform of the U.S. export control system, has resulted in transfer to the CCL of items that the President has determined do not warrant control on the United States Munitions List (USML), including certain military aircraft, military gas turbine engines, and related items. The USML is part of the International Traffic in Arms Regulations maintained by the Department of State. Through this notice, BIS is seeking public comments to perform a complementary review of military aircraft, military gas turbine engines, and related items on the CCL concurrent with the Department of State's review of the controls implemented in its recent revisions to Categories VIII and XIX of the USML, which control military aircraft and military gas turbine engines, to ensure that they are clear, do not inadvertently control items in normal commercial use, account for technological developments, and properly implement the national security and foreign policy objectives of the reform effort. This notice also furthers the retrospective regulatory review directed by the President in Executive Order 13563.
2015-02-19RuleDEPARTMENT OF COMMERCECommerce DepartmentGulf of the Farallones and Monterey Bay National Marine Sanctuaries Regulations on Introduced SpeciesOn March 18, 2013, NOAA proposed to prohibit the introduction of introduced species into the state waters of Gulf of the Farallones and Monterey Bay national marine sanctuaries (GFNMS and MBNMS, respectively). The proposed prohibition included...2015-03486"https://www.gpo.gov/fdsys/pkg/FR-2015-02-19/pdf/2015-03486.pdfhttps://www.federalregister.gov/documents/2015/02/19/2015-03486/gulf-of-the-farallones-and-monterey-bay-national-marine-sanctuaries-regulations-on-introducedOn March 18, 2013, NOAA proposed to prohibit the introduction of introduced species into the state waters of Gulf of the Farallones and Monterey Bay national marine sanctuaries (GFNMS and MBNMS, respectively). The proposed prohibition included exceptions for the catch and release of striped bass and for introduced species of shellfish as part of commercial aquaculture activities in the Tomales Bay region of GFNMS (the only geographic area within sanctuaries offshore of California where aquaculture occurs). On March 27, 2014, NOAA amended the proposal to allow GFNMS and MBNMS to consider authorizing the introduction of certain introduced species of shellfish, those considered to be non-invasive, from commercial aquaculture culture projects in all state waters of the sanctuaries. NOAA's final action allows MBNMS to authorize state of California permits or leases for commercial aquaculture projects in state waters involving introduced species of shellfish that a) the state management agencies and NOAA have determined to be non-invasive, and b) will not have significant adverse impacts to sanctuary resources or qualities. For GFNMS, NOAA will not adopt authorization authority for similar projects in state waters at this time and will revert to the proposal from March 2013, which prohibits introduction of introduced species, exempts state permitted commercial shellfish aquaculture activities within Tomales Bay only, and provides an exception for the catch and release of striped bass.
2015-02-18RuleDEPARTMENT OF COMMERCECommerce DepartmentUpdated Statements of Legal Authority for the Export Administration Regulations To Include Presidential Notice of January 21, 2015This rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite a Presidential notice that extended an emergency declared pursuant to the International Emergency Economic Powers...2015-03318"https://www.gpo.gov/fdsys/pkg/FR-2015-02-18/pdf/2015-03318.pdfhttps://www.federalregister.gov/documents/2015/02/18/2015-03318/updated-statements-of-legal-authority-for-the-export-administration-regulations-to-includeThis rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite a Presidential notice that extended an emergency declared pursuant to the International Emergency Economic Powers Act. This is a procedural rule that only updates authority paragraphs of the EAR. It does not alter any right, obligation or prohibition that applies to any person under the EAR.
2015-02-18RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions to License Exception Availability for Consumer Communications Devices and Licensing Policy for Civil Telecommunications-Related Items Such as Infrastructure Regarding SudanThis rule amends the Export Administration Regulations to revise the general licensing policy of denial to one of case-by-case licensing for exports and reexports to Sudan of telecommunications equipment and associated computers, software, and...2015-03329"https://www.gpo.gov/fdsys/pkg/FR-2015-02-18/pdf/2015-03329.pdfhttps://www.federalregister.gov/documents/2015/02/18/2015-03329/revisions-to-license-exception-availability-for-consumer-communications-devices-and-licensing-policyThis rule amends the Export Administration Regulations to revise the general licensing policy of denial to one of case-by-case licensing for exports and reexports to Sudan of telecommunications equipment and associated computers, software, and technology for civil end use, including items useful for the development of civil telecommunications network infrastructure. It also revises License Exception Consumer Communications Devices (CCD), which previously applied only to consumer communications devices to Cuba, to authorize exports and reexports of such devices to Sudan. Additionally, it makes minor technical changes to the list of items that are eligible for both Sudan and Cuba under the license exception. This rule also makes changes to License Exception Temporary Imports, Exports, Reexports and Transfers (in- country) (TMP) in light of the changes to License Exception CCD. Finally, it removes a license requirement for reexports to Sudan of certain telecommunications software. BIS is making these changes consistent with the U.S. Government's commitment to the advancement of the free flow of information to, from, and within Sudan, including during a national dialogue.
2015-02-18RuleDEPARTMENT OF COMMERCECommerce DepartmentAddition of Certain Persons to the Entity List; and Removal of Person From the Entity List Based on a Removal RequestThis rule amends the Export Administration Regulations (EAR) by adding eleven persons to the Entity List. The eleven persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or...2015-03321"https://www.gpo.gov/fdsys/pkg/FR-2015-02-18/pdf/2015-03321.pdfhttps://www.federalregister.gov/documents/2015/02/18/2015-03321/addition-of-certain-persons-to-the-entity-list-and-removal-of-person-from-the-entity-list-based-on-aThis rule amends the Export Administration Regulations (EAR) by adding eleven persons to the Entity List. The eleven persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These eleven persons will be listed on the Entity List under the destinations of People's Republic of China (China), Pakistan, and United Arab Emirates (U.A.E.). This final rule also removes one person from the Entity List, as the result of a request for removal submitted by the person, a review of information provided in the removal request in accordance with the procedure for requesting removal or modification of an Entity List entity, and further review conducted by the End-User Review Committee (ERC).
2015-02-09RuleDEPARTMENT OF COMMERCECommerce DepartmentForeign Trade Regulations (FTR): Clarification on Uses of Electronic Export InformationThe Bureau of the Census (Census Bureau) issues this final rule amending the Foreign Trade Regulations (FTR) to reflect changes related to the implementation of the International Trade Data System (ITDS) and subsequent changes to access the Electronic...2015-02520"https://www.gpo.gov/fdsys/pkg/FR-2015-02-09/pdf/2015-02520.pdfhttps://www.federalregister.gov/documents/2015/02/09/2015-02520/foreign-trade-regulations-ftr-clarification-on-uses-of-electronic-export-informationThe Bureau of the Census (Census Bureau) issues this final rule amending the Foreign Trade Regulations (FTR) to reflect changes related to the implementation of the International Trade Data System (ITDS) and subsequent changes to access the Electronic Export Information (EEI). The ITDS was established to eliminate redundant information requirements, efficiently regulate the flow of commerce, and to effectively enforce laws and regulations relating to international trade by establishing a single portal system for the collection and distribution of standard electronic import and export data required by all participating federal agencies. The Automated Export System (AES), which is a part of the Automated Commercial Environment (ACE), will include export information collected under other federal agencies' authority, which is subject to those agencies' disclosure mandates. This rule clarifies the confidentiality provisions of the EEI and facilitates the legitimate sharing of export data consistent with the goals for the ITDS. On August 22, 2014, the Census Bureau published this rule on an interim final basis. The Census Bureau is finalizing this rule without change.
2015-02-03Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions of Boundaries for Flower Garden Banks National Marine Sanctuary; Intent To Prepare Draft Environmental Impact StatementIn accordance with section 304(e) of the National Marine Sanctuaries Act, as amended, (NMSA), the Office of National Marine Sanctuaries (ONMS) of the National Oceanic and Atmospheric Administration (NOAA) is initiating a review of Flower Garden Banks...2015-01949"https://www.gpo.gov/fdsys/pkg/FR-2015-02-03/pdf/2015-01949.pdfhttps://www.federalregister.gov/documents/2015/02/03/2015-01949/revisions-of-boundaries-for-flower-garden-banks-national-marine-sanctuary-intent-to-prepare-draftIn accordance with section 304(e) of the National Marine Sanctuaries Act, as amended, (NMSA), the Office of National Marine Sanctuaries (ONMS) of the National Oceanic and Atmospheric Administration (NOAA) is initiating a review of Flower Garden Banks National Marine Sanctuary (FGBNMS or Sanctuary) boundaries, based on the recommendation contained within the Sanctuary Expansion Action Plan of the FGBNMS Management Plan (April 2012). The review process, as required by the NMSA, will be conducted concurrently with a public process under the National Environmental Policy Act (NEPA). This document also informs the public that NOAA will coordinate its responsibilities under section 106 of the National Historic Preservation Act (NHPA) with its ongoing NEPA process, including the use of NEPA documents and public and stakeholder meetings to also meet the requirements of section 106. The public scoping process is intended to solicit information and comments on the range and significance of issues related to the expansion of the FGBNMS boundaries. The results of this scoping process will assist NOAA in formulating alternatives for the draft environmental impact statement for the proposed revised sanctuary boundaries.
2015-01-29RuleDEPARTMENT OF COMMERCECommerce DepartmentRussian Sanctions: Licensing Policy for the Crimea Region of UkraineThe Bureau of Industry and Security (BIS) issues this final rule to amend the Export Administration Regulations (EAR) to impose additional sanctions that implement U.S. policy toward Russia. Specifically, in this rule BIS amends the EAR by imposing a...2015-01638"https://www.gpo.gov/fdsys/pkg/FR-2015-01-29/pdf/2015-01638.pdfhttps://www.federalregister.gov/documents/2015/01/29/2015-01638/russian-sanctions-licensing-policy-for-the-crimea-region-of-ukraineThe Bureau of Industry and Security (BIS) issues this final rule to amend the Export Administration Regulations (EAR) to impose additional sanctions that implement U.S. policy toward Russia. Specifically, in this rule BIS amends the EAR by imposing a license requirement for the export and reexport to the Crimea region of Ukraine, and the transfer within the Crimea region of Ukraine, of all items subject to the EAR, other than food and medicine designated as EAR99. The rule establishes a presumption of denial for all such exports or reexports to the Crimea region of Ukraine and transfers within the Crimea region of Ukraine, except with respect to items authorized under the Department of the Treasury's Office of Foreign Assets Control (OFAC) General License No. 4, which BIS will review on a case-by-case basis. This action is consistent with the goals and objectives of Executive Order 13685 of December 19, 2014.
2015-01-29RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions to the Unverified List (UVL)The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding fourteen (14) persons, removing one person, and updating the addresses of other persons listed on the Unverified List (the ``Unverified List''...2015-01639"https://www.gpo.gov/fdsys/pkg/FR-2015-01-29/pdf/2015-01639.pdfhttps://www.federalregister.gov/documents/2015/01/29/2015-01639/revisions-to-the-unverified-list-uvlThe Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding fourteen (14) persons, removing one person, and updating the addresses of other persons listed on the Unverified List (the ``Unverified List'' or UVL). The 14 persons are being added to the UVL on the basis that BIS could not verify their bona fides because an end-use check could not be completed satisfactorily for reasons outside the U.S. Government's control. One person is removed from the UVL based on BIS's ability to verify that person's bona fides through the successful completion of an end-use check. Also, new addresses are added for two listed persons on the UVL.
2015-01-28Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentCertification Program for Access to the Death Master FileThe National Technical Information Service (NTIS) extends the period for public comment on the Notice of Proposed Rulemaking; Request for Comments, ``Certification Program for Access to the Death Master File'' from January 29, 2015, to March 30, 2015.2015-01546"https://www.gpo.gov/fdsys/pkg/FR-2015-01-28/pdf/2015-01546.pdfhttps://www.federalregister.gov/documents/2015/01/28/2015-01546/certification-program-for-access-to-the-death-master-fileThe National Technical Information Service (NTIS) extends the period for public comment on the Notice of Proposed Rulemaking; Request for Comments, ``Certification Program for Access to the Death Master File'' from January 29, 2015, to March 30, 2015.
2015-01-27Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentInternational Services Surveys: BE-180, Benchmark Survey of Financial Services Transactions Between U.S. Financial Services Providers and Foreign PersonsThis proposed rule would amend regulations of the Bureau of Economic Analysis (BEA), Department of Commerce, to reinstate reporting requirements for the BE-180, Benchmark Survey of Financial Services Transactions between U.S. Financial Services...2015-01491"https://www.gpo.gov/fdsys/pkg/FR-2015-01-27/pdf/2015-01491.pdfhttps://www.federalregister.gov/documents/2015/01/27/2015-01491/international-services-surveys-be-180-benchmark-survey-of-financial-services-transactions-between-usThis proposed rule would amend regulations of the Bureau of Economic Analysis (BEA), Department of Commerce, to reinstate reporting requirements for the BE-180, Benchmark Survey of Financial Services Transactions between U.S. Financial Services Providers and Foreign Persons. Benchmark surveys are conducted every five years; the prior survey covered 2009. For the 2014 benchmark survey, BEA proposes one change in the data items collected. This mandatory survey would be conducted under the authority of the International Investment and Trade in Services Survey Act (the Act). Unlike most other BEA surveys conducted pursuant to the Act, a response would be required from persons subject to the reporting requirements of the BE-180, Benchmark Survey of Financial Services Transactions between U.S. Financial Services Providers and Foreign Persons, whether or not they are contacted by BEA, to ensure complete coverage of financial services transactions between U.S. financial services providers and foreign persons.
2015-01-23RuleDEPARTMENT OF COMMERCECommerce DepartmentU.S.-India Bilateral Understanding: Additional Revisions to the U.S. Export and Reexport Controls Under the Export Administration RegulationsIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to further implement the bilateral understanding between the United States and India announced by President Obama and India's Prime Minister...2015-01273"https://www.gpo.gov/fdsys/pkg/FR-2015-01-23/pdf/2015-01273.pdfhttps://www.federalregister.gov/documents/2015/01/23/2015-01273/us-india-bilateral-understanding-additional-revisions-to-the-us-export-and-reexport-controls-underIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to further implement the bilateral understanding between the United States and India announced by President Obama and India's Prime Minister Singh on November 8, 2010. On January 25, 2011, BIS published the first rule in a series of rules to implement the bilateral understanding between the two countries. These rules fulfill the President's and Prime Minister's commitment to work together to strengthen the global nonproliferation and export control framework and further transform our bilateral export control cooperation to realize the full potential of the strategic partnership between the two countries. Specifically, in this rule, to further implement the November 8, 2010 bilateral understanding, BIS removes license requirements for certain items controlled for crime control and regional stability reasons to India. BIS also makes conforming changes in this rule.
2015-01-16RuleDEPARTMENT OF COMMERCECommerce DepartmentCuba: Providing Support for the Cuban PeopleThis rule amends the Export Administration Regulations to create License Exception Support for the Cuban People (SCP) to authorize the export and reexport of certain items to Cuba that are intended to improve the living conditions of the Cuban people;...2015-00590"https://www.gpo.gov/fdsys/pkg/FR-2015-01-16/pdf/2015-00590.pdfhttps://www.federalregister.gov/documents/2015/01/16/2015-00590/cuba-providing-support-for-the-cuban-peopleThis rule amends the Export Administration Regulations to create License Exception Support for the Cuban People (SCP) to authorize the export and reexport of certain items to Cuba that are intended to improve the living conditions of the Cuban people; support independent economic activity and strengthen civil society in Cuba; and improve the free flow of information to, from, and among the Cuban people. It also amends existing License Exception Consumer Communications Devices (CCD) by eliminating the donation requirement, thereby authorizing sales of certain communications items to eligible end users in Cuba. Additionally, it amends License Exception Gift Parcels and Humanitarian Donations (GFT) to authorize exports of multiple gift parcels in a single shipment. Lastly, this rule establishes a general policy of approval for exports and reexports to Cuba of items for the environmental protection of U.S. and international air quality, and waters, and coastlines. These actions are among those announced by the President on December 17, 2014, aimed at supporting the ability of the Cuban people to gain greater control over their own lives and determine their country's future.
2014-12-30Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentCertification Program for Access to the Death Master FileThe National Technical Information Service (NTIS) issues a proposed rule that would, if implemented, establish a program pursuant to Section 203 of the Bipartisan Budget Act of 2013 (Act) through which persons may become ``certified'' and thereby be...2014-30199"https://www.gpo.gov/fdsys/pkg/FR-2014-12-30/pdf/2014-30199.pdfhttps://www.federalregister.gov/documents/2014/12/30/2014-30199/certification-program-for-access-to-the-death-master-fileThe National Technical Information Service (NTIS) issues a proposed rule that would, if implemented, establish a program pursuant to Section 203 of the Bipartisan Budget Act of 2013 (Act) through which persons may become ``certified'' and thereby be eligible to obtain access to Death Master File (DMF) information about an individual within three years of that individual's death (``Limited Access DMF,'' as defined in the proposed rule). The rule is established to provide immediate access to the DMF to those users who demonstrate a legitimate fraud prevention interest or a legitimate business purpose for the information, and to otherwise delay the release of the DMF to all other users, thereby reducing opportunities for identity theft and restricting information sources used to file fraudulent tax returns. This rule sets forth requirements to become a certified person, establishes a process for third party attestation and auditing of the information safeguarding requirement for certification, provides that certified persons will be subject to periodic scheduled and unscheduled audits, and sets out penalties for persons who disclose or use DMF information in a manner not in accordance with the Act. This rule would also establish the process for appealing denials or revocations of certification, the imposition penalties, and a fee program.
2014-12-29RuleDEPARTMENT OF COMMERCECommerce DepartmentCorrections and Clarifications to the Export Administration RegulationsThe Bureau of Industry and Security (BIS) is correcting certain provisions of the Export Administration Regulations (EAR) that were amended in past rulemakings appearing in the Federal Register between November 5, 2007 and October 14, 2014. This final...2014-30019"https://www.gpo.gov/fdsys/pkg/FR-2014-12-29/pdf/2014-30019.pdfhttps://www.federalregister.gov/documents/2014/12/29/2014-30019/corrections-and-clarifications-to-the-export-administration-regulationsThe Bureau of Industry and Security (BIS) is correcting certain provisions of the Export Administration Regulations (EAR) that were amended in past rulemakings appearing in the Federal Register between November 5, 2007 and October 14, 2014. This final rule makes corrections to certain provisions to ensure consistency and clarity in the regulations. In addition, this final rule makes other corrections to the EAR to fix typographical errors to ensure that the regulations accurately reflect the revisions intended by these past rulemakings.
2014-12-23RuleDEPARTMENT OF COMMERCECommerce DepartmentRevision to the Export Administration Regulations: Controls on Electronic Commodities; Exports and Reexports to Hong KongThis rule amends the Export Administration Regulations (EAR) to expand controls for national security reasons and responds to public comments solicited by a Bureau of Industry and Security (BIS) notice of inquiry regarding the proper export control...2014-29686"https://www.gpo.gov/fdsys/pkg/FR-2014-12-23/pdf/2014-29686.pdfhttps://www.federalregister.gov/documents/2014/12/23/2014-29686/revision-to-the-export-administration-regulations-controls-on-electronic-commodities-exports-andThis rule amends the Export Administration Regulations (EAR) to expand controls for national security reasons and responds to public comments solicited by a Bureau of Industry and Security (BIS) notice of inquiry regarding the proper export control classification of certain electronic commodities and a type of radar. Specifically, in this rule, BIS amends the EAR to expand national security controls on certain electronic commodities controlled on the Commerce Control List (CCL) and to limit license exceptions for these items. This rule also expands license requirements for exports and reexports to Hong Kong of items controlled for national security reasons.
2014-12-23RuleDEPARTMENT OF COMMERCECommerce DepartmentClarification to Scope of Certain “600 series” Export Control Classification Numbers (ECCNs)This rule revises six Export Control Classification Numbers (ECCNs) to clarify that they do not control certain basic parts, components, accessories and attachments because those basic parts, components, accessories and attachments are controlled in a...2014-29674"https://www.gpo.gov/fdsys/pkg/FR-2014-12-23/pdf/2014-29674.pdfhttps://www.federalregister.gov/documents/2014/12/23/2014-29674/clarification-to-scope-of-certain-600-series-export-control-classification-numbers-eccnsThis rule revises six Export Control Classification Numbers (ECCNs) to clarify that they do not control certain basic parts, components, accessories and attachments because those basic parts, components, accessories and attachments are controlled in a new ECCN created by a rule published on July 1, 2014 to be effective on December 30, 2014. This rule also removes controls on certain monolithic microwave integrated circuit (MMIC) power amplifiers and discrete microwave transistors and related technology. These controls are no longer necessary because two other rules published after July 1, 2014, provide appropriate controls on those items. This rule also clarifies the application of ``specially designed'' to controls published on July 1, 2014 that would apply to printed circuit boards, populated circuit card assemblies and multichip modules to reduce the possibility of confusion. Finally, this rule revises three of the amendatory instructions in the final rule published on July 1, to avoid negating changes to the Export Administration Regulations that became effective after that date.
2014-12-19RuleEXECUTIVE OFFICE OF THE PRESIDENTExecutive Office of the PresidentFederal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal AwardsThis joint interim final rule implements for all Federal award-making agencies the final guidance Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) published by the Office of Management...2014-28697"https://www.gpo.gov/fdsys/pkg/FR-2014-12-19/pdf/2014-28697.pdfhttps://www.federalregister.gov/documents/2014/12/19/2014-28697/federal-awarding-agency-regulatory-implementation-of-office-of-management-and-budgets-uniformThis joint interim final rule implements for all Federal award-making agencies the final guidance Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) published by the Office of Management and Budget (OMB) on December 26, 2013. This rule is necessary in order to incorporate into regulation and thus bring into effect the Uniform Guidance as required by OMB. Implementation of this guidance will reduce administrative burden and risk of waste, fraud, and abuse for the approximately $600 billion per year awarded in Federal financial assistance. The result will be more Federal dollars reprogrammed to support the mission, new entities able to compete and win awards, and ultimately a stronger framework to provide key services to American citizens and support the basic research that underpins the United States economy.
2014-12-17RuleDEPARTMENT OF COMMERCECommerce DepartmentExpansion of the Microprocessor Military End-Use and End-User ControlThe Bureau of Industry and Security (BIS) is amending the microprocessor military end-use and end-user control in the Export Administration Regulations by expanding the scope of microprocessors subject to the restriction to harmonize with technological...2014-29450"https://www.gpo.gov/fdsys/pkg/FR-2014-12-17/pdf/2014-29450.pdfhttps://www.federalregister.gov/documents/2014/12/17/2014-29450/expansion-of-the-microprocessor-military-end-use-and-end-user-controlThe Bureau of Industry and Security (BIS) is amending the microprocessor military end-use and end-user control in the Export Administration Regulations by expanding the scope of microprocessors subject to the restriction to harmonize with technological advances to microprocessor chips and expand the scope to include related software and technology for the development and production of these chips. In addition, this rule adds a prohibition on the use of license exceptions (including License Exception ENC) and otherwise expands license requirements for exports, reexports, or transfers (in-country) of microprocessors subject to the military end-use and end-user restriction. This expansion is consistent with the foreign policy objectives of the United States of preventing U.S. exports that might contribute to destabilizing military capabilities against the United States and its citizens. The foreign policy report explaining the expansion was sent to Congress on December 1, 2014. This rule also expands the scope of controls to cover in-country transfers, in order to control in-country transfers to prohibited military end users or end uses. BIS is also making editorial and format revisions to this section to improve clarity.
2014-12-02RuleDEPARTMENT OF COMMERCECommerce DepartmentAtlantic Highly Migratory Species; 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan; Amendment 7This final rule implements Amendment 7 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) to ensure sustainable management of bluefin tuna consistent with the 2006 HMS FMP and address ongoing...2014-28064"https://www.gpo.gov/fdsys/pkg/FR-2014-12-02/pdf/2014-28064.pdfhttps://www.federalregister.gov/documents/2014/12/02/2014-28064/atlantic-highly-migratory-species-2006-consolidated-atlantic-highly-migratory-species-hms-fisheryThis final rule implements Amendment 7 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) to ensure sustainable management of bluefin tuna consistent with the 2006 HMS FMP and address ongoing management challenges in the Atlantic bluefin tuna fisheries. This final rule also implements minor regulatory changes related to the management of Atlantic HMS. Amendment 7 management measures were developed by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and the Atlantic Tunas Convention Act (ATCA). This final rule: Allocates U.S. bluefin tuna quota among domestic fishing categories; implements measures applicable to the pelagic longline fishery, including Individual Bluefin Quotas (IBQs), two new Gear Restricted Areas, closure of the pelagic longline fishery when annual bluefin tuna quota is reached, elimination of target catch requirements associated with retention of incidental bluefin tuna in the pelagic longline fishery, mandatory retention of legal-sized bluefin tuna caught as bycatch, expanded monitoring requirements, including electronic monitoring via cameras and bluefin tuna catch reporting via Vessel Monitoring System (VMS), and transiting provisions for pelagic and bottom longline vessels; requires VMS use and reporting by the Purse Seine category; changes the start date of the Purse Seine category from July 15 to a date within a range of June 1 to August 15, to be established by an annual action; requires use of the Automated Catch Reporting System by the General and Harpoon categories; provides additional flexibility for inseason adjustment of the General category quota and Harpoon category retention limits; and changes the allocation of the Angling category Trophy South subquota for the Gulf of Mexico. Finally, this rule implements several measures not directly related to bluefin tuna management, including a U.S. North Atlantic albacore tuna quota; modified rules regarding permit category changes; and minor changes in the HMS regulations for administrative or clarification purposes.
2014-12-02RuleDEPARTMENT OF COMMERCECommerce DepartmentFisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska Trawl Economic Data ReportNMFS issues a final rule to implement the Gulf of Alaska (GOA) Trawl Economic Data Report Program to evaluate the economic effects of current and potential future fishery management measures for the GOA trawl fisheries. This data collection program...2014-28093"https://www.gpo.gov/fdsys/pkg/FR-2014-12-02/pdf/2014-28093.pdfhttps://www.federalregister.gov/documents/2014/12/02/2014-28093/fisheries-of-the-exclusive-economic-zone-off-alaska-gulf-of-alaska-trawl-economic-data-reportNMFS issues a final rule to implement the Gulf of Alaska (GOA) Trawl Economic Data Report Program to evaluate the economic effects of current and potential future fishery management measures for the GOA trawl fisheries. This data collection program will provide the North Pacific Fishery Management Council (Council) and NMFS with baseline economic information on harvesters, crew, processors, and communities active in the GOA trawl fisheries, which will be used to assess the impacts of anticipated future GOA trawl groundfish management measures on stakeholders. The data collected for this program will be submitted by owners and leaseholders of GOA trawl vessels, owners and leaseholders of processors receiving deliveries from those trawl vessels, and owners and leaseholders of trawl catcher/processors. The types of data collected will include, but not be limited to, labor data, revenues, capital and operational expenses, and other operational or financial data. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Fishery Management Plan for Groundfish of the Gulf of Alaska, and other applicable laws.
2014-12-01RuleDEPARTMENT OF COMMERCECommerce DepartmentAmendments to Existing Validated End-User Authorization in the People's Republic of China: Lam Research Service Co., Ltd.In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing authorization for Validated End User (VEU) Lam Research Service Co., Ltd. (Lam) in the People's Republic of China (PRC)....2014-28221"https://www.gpo.gov/fdsys/pkg/FR-2014-12-01/pdf/2014-28221.pdfhttps://www.federalregister.gov/documents/2014/12/01/2014-28221/amendments-to-existing-validated-end-user-authorization-in-the-peoples-republic-of-china-lamIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing authorization for Validated End User (VEU) Lam Research Service Co., Ltd. (Lam) in the People's Republic of China (PRC). Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to change two addresses for Lam's eligible facilities (also known as ``eligible destinations''), remove two existing facilities, and add eight eligible facilities.
2014-12-01RuleDEPARTMENT OF COMMERCECommerce DepartmentUpdated Statements of Legal Authority for the Export Administration RegulationsThis rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite the most recent Presidential notice extending an emergency declared pursuant to the International Emergency...2014-28235"https://www.gpo.gov/fdsys/pkg/FR-2014-12-01/pdf/2014-28235.pdfhttps://www.federalregister.gov/documents/2014/12/01/2014-28235/updated-statements-of-legal-authority-for-the-export-administration-regulationsThis rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite the most recent Presidential notice extending an emergency declared pursuant to the International Emergency Economic Powers Act. This is a procedural rule that only updates authority paragraphs of the EAR. It does not alter any right, obligation or prohibition that applies to any person under the EAR.
2014-11-25RuleDEPARTMENT OF COMMERCECommerce DepartmentFisheries of the Exclusive Economic Zone Off Alaska; Steller Sea Lion Protection Measures for the Bering Sea and Aleutian Islands Groundfish Fisheries Off AlaskaNMFS issues regulations to implement Steller sea lion protection measures to insure that groundfish fisheries in the Bering Sea and Aleutian Islands Management Area (BSAI) off Alaska are not likely to jeopardize the continued existence of the western...2014-27658"https://www.gpo.gov/fdsys/pkg/FR-2014-11-25/pdf/2014-27658.pdfhttps://www.federalregister.gov/documents/2014/11/25/2014-27658/fisheries-of-the-exclusive-economic-zone-off-alaska-steller-sea-lion-protection-measures-for-theNMFS issues regulations to implement Steller sea lion protection measures to insure that groundfish fisheries in the Bering Sea and Aleutian Islands Management Area (BSAI) off Alaska are not likely to jeopardize the continued existence of the western distinct population segment (WDPS) of Steller sea lions or destroy or adversely modify their designated critical habitat. These management measures disperse fishing effort temporally and spatially to provide protection from potential competition for important Steller sea lion prey species. This action is intended to protect the endangered Steller sea lions, as required by the Endangered Species Act, and to minimize, to the extent practicable, the economic impact of fishery management measures, as required by the Magnuson-Stevens Fishery Conservation and Management Act.
2014-11-24RuleDEPARTMENT OF COMMERCECommerce DepartmentDirect Investment Surveys: BE-13, Survey of New Foreign Direct Investment in the United States; Announcing OMB Approval of Information CollectionThis rule provides notice of the approval by the Office of Management and Budget (OMB) and resulting effectiveness of the collection-of-information requirements published by BEA on August 14, 2014.2014-27771"https://www.gpo.gov/fdsys/pkg/FR-2014-11-24/pdf/2014-27771.pdfhttps://www.federalregister.gov/documents/2014/11/24/2014-27771/direct-investment-surveys-be-13-survey-of-new-foreign-direct-investment-in-the-united-statesThis rule provides notice of the approval by the Office of Management and Budget (OMB) and resulting effectiveness of the collection-of-information requirements published by BEA on August 14, 2014.
2014-11-20RuleDEPARTMENT OF COMMERCECommerce DepartmentDirect Investment Surveys: BE-10, Benchmark Survey of U.S. Direct Investment AbroadThis final rule amends regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to reinstate reporting requirements for the 2014 BE-10, Benchmark Survey of U.S. Direct Investment Abroad. Benchmark surveys are conducted every five...2014-27421"https://www.gpo.gov/fdsys/pkg/FR-2014-11-20/pdf/2014-27421.pdfhttps://www.federalregister.gov/documents/2014/11/20/2014-27421/direct-investment-surveys-be-10-benchmark-survey-of-us-direct-investment-abroadThis final rule amends regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to reinstate reporting requirements for the 2014 BE-10, Benchmark Survey of U.S. Direct Investment Abroad. Benchmark surveys are conducted every five years; the prior survey covered 2009. The benchmark survey covers the universe of U.S. direct investment abroad, and is BEA's most comprehensive survey of such investment in terms of subject matter. For the 2014 benchmark survey, BEA will make changes in the data items collected. No changes will be made to the reporting requirements for the survey. This mandatory survey will be conducted under the authority of the International Investment and Trade in Services Survey Act (the Act). Unlike many other BEA surveys conducted pursuant to the Act, a response will be required from persons subject to the reporting requirements of the BE-10, Benchmark Survey of U.S. Direct Investment Abroad, whether or not they are contacted by BEA, in order to ensure that respondents subject to the requirements for U.S. direct investment abroad are identified.
2014-11-18RuleDEPARTMENT OF COMMERCECommerce DepartmentPublic Information, Freedom of Information Act and Privacy Act Regulations; CorrectionThe Department of Commerce (Department) is correcting a final rule, published on October 20, 2014, that revised the Department's regulations under the Freedom of Information Act (FOIA) and Privacy Act. This final rule corrects the cross-references in...2014-27265"https://www.gpo.gov/fdsys/pkg/FR-2014-11-18/pdf/2014-27265.pdfhttps://www.federalregister.gov/documents/2014/11/18/2014-27265/public-information-freedom-of-information-act-and-privacy-act-regulations-correctionThe Department of Commerce (Department) is correcting a final rule, published on October 20, 2014, that revised the Department's regulations under the Freedom of Information Act (FOIA) and Privacy Act. This final rule corrects the cross-references in the section describing the requirements for making FOIA requests.
2014-11-18RuleDEPARTMENT OF COMMERCECommerce DepartmentFisheries of the Exclusive Economic Zone off Alaska; Monitoring and Enforcement; At-Sea Scales RequirementsNMFS issues regulations to revise the at-sea scales program for catcher/processor vessels (C/Ps) and motherships that are required to weigh catch at sea. This action makes three major changes to current regulations. First, this action requires...2014-27081"https://www.gpo.gov/fdsys/pkg/FR-2014-11-18/pdf/2014-27081.pdfhttps://www.federalregister.gov/documents/2014/11/18/2014-27081/fisheries-of-the-exclusive-economic-zone-off-alaska-monitoring-and-enforcement-at-sea-scalesNMFS issues regulations to revise the at-sea scales program for catcher/processor vessels (C/Ps) and motherships that are required to weigh catch at sea. This action makes three major changes to current regulations. First, this action requires enhancements of daily scale testing for flow scales used to weigh catch at sea and requires electronic reporting of the daily flow scale test results. Second, this action requires that vessels required to use flow scales to weigh catch have electronics capable of logging and printing the frequency and magnitude of scale calibrations, as well as the time and date of each scale fault (or error) and scale startup. Third, this action requires that vessels use video to monitor the flow scale and the area around the flow scale. In addition, this action revises minor technical regulations related to equipment and operation regulations and removes certain regulations that are no longer applicable; and improves the accuracy of catch estimation by the C/Ps and motherships using at-sea scales and reduces the possibility of scale tampering. This action is intended to promote the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area, the Fishery Management Plan for Groundfish of the Gulf of Alaska, the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable laws.
2014-11-12RuleDEPARTMENT OF COMMERCECommerce DepartmentClarifications and Corrections to the Export Administration Regulations (EAR): Control of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML)This final rule makes clarifications and corrections to an interim final rule that was published on May 13, 2014. The May 13 rule added controls to the Export Administration Regulations (EAR) for spacecraft and related items that the President has...2014-26664"https://www.gpo.gov/fdsys/pkg/FR-2014-11-12/pdf/2014-26664.pdfhttps://www.federalregister.gov/documents/2014/11/12/2014-26664/clarifications-and-corrections-to-the-export-administration-regulations-ear-control-of-spacecraftThis final rule makes clarifications and corrections to an interim final rule that was published on May 13, 2014. The May 13 rule added controls to the Export Administration Regulations (EAR) for spacecraft and related items that the President has determined no longer warrant control under United States Munitions List (USML) Category XV--spacecraft and related items. New Export Control Classification Numbers (ECCNs) 9A515, 9B515, 9D515, and 9E515 created by the May 13 rule and existing ECCNs on the Commerce Control List (CCL) will control such items. The May 13 rule also revised various sections of the EAR to provide the proper level of control for the new ECCNs. The vast majority of the changes included in the May 13 rule have been implemented as published in the interim final rule, so those change are not republished in this final rule. A full description of those changes can be found in the Background section and the regulatory text of the May 13 rule. The changes included in this final rule are limited to corrections and clarifications to what was included in the interim final rule. These corrections and clarifications were also informed by comments received in response to the May 13 rule that included a request for comments.
2014-11-07RuleDEPARTMENT OF COMMERCECommerce DepartmentVenezuela: Implementation of Certain Military End Uses and End Users License Requirements Under the Export Administration RegulationsIn response to the Venezuelan military's violent repression of the Venezuelan people, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) in this final rule to impose license requirements on the export,...2014-26465"https://www.gpo.gov/fdsys/pkg/FR-2014-11-07/pdf/2014-26465.pdfhttps://www.federalregister.gov/documents/2014/11/07/2014-26465/venezuela-implementation-of-certain-military-end-uses-and-end-users-license-requirements-under-theIn response to the Venezuelan military's violent repression of the Venezuelan people, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) in this final rule to impose license requirements on the export, reexport, or transfer (in- country) of certain items to or within Venezuela when intended for a military end use or end user. This change complements an existing U.S. arms embargo against Venezuela for its failure to cooperate in areas of counterterrorism.
2014-11-04RuleDEPARTMENT OF COMMERCECommerce DepartmentMarine Mammals; Subsistence Taking of Northern Fur Seals; St. George Island, AlaskaThis final rule modifies the subsistence harvest regulations for the Eastern Pacific stock of northern fur seals (Callorhinus ursinus) based on a petition from the Pribilof Island Aleut Community of St. George Island, Traditional Council (Council). The...2014-26177"https://www.gpo.gov/fdsys/pkg/FR-2014-11-04/pdf/2014-26177.pdfhttps://www.federalregister.gov/documents/2014/11/04/2014-26177/marine-mammals-subsistence-taking-of-northern-fur-seals-st-george-island-alaskaThis final rule modifies the subsistence harvest regulations for the Eastern Pacific stock of northern fur seals (Callorhinus ursinus) based on a petition from the Pribilof Island Aleut Community of St. George Island, Traditional Council (Council). The final rule authorizes Pribilovians of St. George Island to harvest up to 150 male young of the year fur seals annually during a new autumn harvest season from all breeding and hauling grounds, consistent with traditional practices, to meet the community's nutritional and cultural needs. Harvests of sub-adult male fur seals will continue to be authorized during the summer season as under existing regulations, and will be allowed at additional locations. The total number of fur seals harvested annually will remain within the range of 300-500 male animals that has been in place since 1997. Harvests will be coordinated between NMFS and the Council under an existing co-management agreement.
2014-10-28RuleDEPARTMENT OF COMMERCECommerce DepartmentWestern Pacific Pelagic Fisheries; U.S. Territorial Catch and Fishing Effort LimitsThis final rule implements a management framework for specifying catch and effort limits and accountability measures for pelagic fisheries in the U.S. Pacific territories of American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands...2014-25610"https://www.gpo.gov/fdsys/pkg/FR-2014-10-28/pdf/2014-25610.pdfhttps://www.federalregister.gov/documents/2014/10/28/2014-25610/western-pacific-pelagic-fisheries-us-territorial-catch-and-fishing-effort-limitsThis final rule implements a management framework for specifying catch and effort limits and accountability measures for pelagic fisheries in the U.S. Pacific territories of American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands (CNMI). Using the established framework, NMFS is also specifying a catch limit of 2,000 metric tons (mt) of longline-caught bigeye tuna for each territory for 2014. A territory may allocate up to 1,000 mt of that limit to eligible U.S. longline fishing vessels. This final rule also makes several technical administrative changes to the regulations and announces the effectiveness of collection-of-information requirements. This action is consistent with international objectives of ending overfishing of bigeye tuna, while allowing for the limited transfer of available catch limits between U.S participating territories and eligible U.S. fisheries, consistent with the conservation requirements of the bigeye tuna stock.
2014-10-20RuleDEPARTMENT OF COMMERCECommerce DepartmentPublic Information, Freedom of Information Act and Privacy Act RegulationsThis rule amends the Department of Commerce's (Department) regulations under the Freedom of Information Act (FOIA) and Privacy Act. The FOIA regulations are revised to clarify, update and streamline the language of several procedural provisions,...2014-24598"https://www.gpo.gov/fdsys/pkg/FR-2014-10-20/pdf/2014-24598.pdfhttps://www.federalregister.gov/documents/2014/10/20/2014-24598/public-information-freedom-of-information-act-and-privacy-act-regulationsThis rule amends the Department of Commerce's (Department) regulations under the Freedom of Information Act (FOIA) and Privacy Act. The FOIA regulations are revised to clarify, update and streamline the language of several procedural provisions, including methods for submitting FOIA requests and appeals and the time limits for filing an administrative appeal, and to incorporate certain changes brought about by the amendments to the FOIA under the OPEN Government Act of 2007. Additionally, the FOIA regulations are updated to reflect developments in the case law. The Privacy Act regulations are revised to clarify, update and streamline several procedural provisions, including the methods for submitting appeals of Privacy Act requests and the time limits for filing a Privacy Act appeal. Additionally, the Privacy Act regulations are updated to make technical changes to the applicable exemptions.
2014-10-14RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions to the Commerce Control List: Imposition of Controls on Integrated Circuits, Helicopter Landing System Radars, Seismic Detection Systems, and Technology for IR Up-Conversion DevicesIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to impose foreign policy controls on read-out integrated circuits and related ``software'' and ``technology,'' radar for helicopter autonomous...2014-24359"https://www.gpo.gov/fdsys/pkg/FR-2014-10-14/pdf/2014-24359.pdfhttps://www.federalregister.gov/documents/2014/10/14/2014-24359/revisions-to-the-commerce-control-list-imposition-of-controls-on-integrated-circuits-helicopterIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to impose foreign policy controls on read-out integrated circuits and related ``software'' and ``technology,'' radar for helicopter autonomous landing systems, seismic intrusion detection systems and related ``software'' and ``technology'', and ``technology'' ``required'' for the ``development'' or ``production'' of specified infrared up-conversion devices. The read-out integrated circuits and related ``technology'' are controlled under new Export Control Classification Numbers (ECCNs) on the Commerce Control List. An existing ECCN has been amended to control the related ``software'' for those items. New paragraphs have been added to certain existing ECCNs to control radar for helicopter autonomous landing systems, seismic intrusion detection systems, and the ``technology,'' as mentioned, for specified infrared up-conversion devices. Specified existing ``software'' and ``technology'' ECCNs have been amended to apply to helicopter autonomous landing systems and seismic intrusion detection systems. The items are controlled for regional stability reasons Column 1 (RS Column 1) and Column 2 (RS Column 2), and antiterrorism reasons Column 1 (AT Column 1). The Departments of Commerce, State and Defense have determined that imposition of these license requirements protects U.S. national security and foreign policy interests. Specifically, those agencies have determined that the items described in this rule have civilian applications but also warrant immediate controls under the EAR because of their potential military applications.
2014-10-01Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentRequest for Public Comment on the Recordkeeping Requirements of the Export Administration RegulationsThe Bureau of Industry and Security (BIS) is seeking public comment on the recordkeeping requirements of the Export Administration Regulations (EAR). BIS is reviewing its requirements on record retention and record creation and is considering proposing...2014-23372"https://www.gpo.gov/fdsys/pkg/FR-2014-10-01/pdf/2014-23372.pdfhttps://www.federalregister.gov/documents/2014/10/01/2014-23372/request-for-public-comment-on-the-recordkeeping-requirements-of-the-export-administrationThe Bureau of Industry and Security (BIS) is seeking public comment on the recordkeeping requirements of the Export Administration Regulations (EAR). BIS is reviewing its requirements on record retention and record creation and is considering proposing revisions to such requirements. BIS seeks public comment on ways to improve the recordkeeping requirements of the EAR to reduce unnecessary burden, increase clarity, address changes in technology and data management, and maintain the tools necessary for compliance with and enforcement of the EAR. This advance notice of proposed rulemaking is part of BIS's retrospective regulatory review being undertaken pursuant to Executive Order 13563.
2014-09-30Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentProposed Amendments to the Export Administration Regulations: Removal of Special Comprehensive License ProvisionsIn this rule, the Bureau of Industry and Security (BIS) proposes to continue updating export controls under the Export Administration Regulations (EAR) consistent with the Retrospective Regulatory Review Initiative that directs BIS and other Federal...2014-23078"https://www.gpo.gov/fdsys/pkg/FR-2014-09-30/pdf/2014-23078.pdfhttps://www.federalregister.gov/documents/2014/09/30/2014-23078/proposed-amendments-to-the-export-administration-regulations-removal-of-special-comprehensiveIn this rule, the Bureau of Industry and Security (BIS) proposes to continue updating export controls under the Export Administration Regulations (EAR) consistent with the Retrospective Regulatory Review Initiative that directs BIS and other Federal Government Agencies to streamline regulations and reduce unnecessary regulatory burdens on the public. Specifically, in this rule, BIS proposes to amend the EAR by removing the Special Comprehensive License authorization. This rule also proposes conforming amendments.
2014-09-18RuleDEPARTMENT OF COMMERCECommerce DepartmentAddition and Modification of Certain Persons on the Entity List; and Removal of Certain Persons From the Entity ListThis rule amends the Export Administration Regulations (EAR) by adding twenty-eight persons under thirty-four entries to the Entity List. The twenty-eight persons who are added to the Entity List have been determined by the U.S. Government to be acting...2014-22277"https://www.gpo.gov/fdsys/pkg/FR-2014-09-18/pdf/2014-22277.pdfhttps://www.federalregister.gov/documents/2014/09/18/2014-22277/addition-and-modification-of-certain-persons-on-the-entity-list-and-removal-of-certain-persons-fromThis rule amends the Export Administration Regulations (EAR) by adding twenty-eight persons under thirty-four entries to the Entity List. The twenty-eight persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These twenty-eight persons will be listed on the Entity List under the destinations of Afghanistan, Armenia, Australia, China, Greece, Hong Kong, India, Ireland, Pakistan, Singapore, United Arab Emirates (U.A.E.), and United Kingdom (U.K.). There are thirty-four entries for twenty-eight persons because two persons are listed under multiple countries, resulting in six additional entries. Specifically, the six additional entries cover one person in China who also has addresses in Hong Kong and one person in Pakistan who also has addresses in Armenia, Greece, India, the U.A.E., and the U.K. This final rule makes modifications to two existing entries on the Entity List to provide additional addresses and subordinates in those entries. This rule also removes three persons from the Entity List, as the result of a determination made by the End-User Review Committee (ERC).
2014-09-17RuleDEPARTMENT OF COMMERCECommerce DepartmentRussian Sanctions: Addition of Persons to the Entity List and Restrictions on Certain Military End Uses and Military End UsersThis final rule amends the Export Administration Regulations (EAR) to impose additional sanctions implementing U.S. policy toward Russia. Specifically, in this rule, the Bureau of Industry and Security (BIS) amends the EAR by adding ten entries to the...2014-22207"https://www.gpo.gov/fdsys/pkg/FR-2014-09-17/pdf/2014-22207.pdfhttps://www.federalregister.gov/documents/2014/09/17/2014-22207/russian-sanctions-addition-of-persons-to-the-entity-list-and-restrictions-on-certain-military-endThis final rule amends the Export Administration Regulations (EAR) to impose additional sanctions implementing U.S. policy toward Russia. Specifically, in this rule, the Bureau of Industry and Security (BIS) amends the EAR by adding ten entries to the Entity List. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed on the Entity List under the destination of Russia. BIS is also amending the EAR to impose license requirements for items destined to Russia when those items are intended for a military end use or military end user.
2014-09-12RuleDEPARTMENT OF COMMERCECommerce DepartmentFisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Management Area; American Fisheries Act; Amendment 106NMFS adopts a final rule to implement Amendment 106 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP). Amendment 106 is necessary to bring the BSAI FMP into conformity with the amendments to...2014-21829"https://www.gpo.gov/fdsys/pkg/FR-2014-09-12/pdf/2014-21829.pdfhttps://www.federalregister.gov/documents/2014/09/12/2014-21829/fisheries-of-the-exclusive-economic-zone-off-alaska-bering-sea-and-aleutian-islands-management-areaNMFS adopts a final rule to implement Amendment 106 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP). Amendment 106 is necessary to bring the BSAI FMP into conformity with the amendments to the American Fisheries Act (AFA) in the Coast Guard Authorization Act of 2010 (Coast Guard Act). This rule allows the owner of an AFA vessel to rebuild or replace an AFA vessel without any limitation on the length, weight, or horsepower of the rebuilt or replacement vessel when the rebuilt or replacement vessel is operating in the Bering Sea and Aleutian Islands Management Area (BSAI). This rule also allows the owner of an AFA catcher vessel in an inshore cooperative to remove the vessel from the cooperative and assign the Bering Sea pollock catch history of the removed vessel to one or more vessels in the cooperative. This action is also intended to improve vessel safety and operational efficiency in the AFA fleet by allowing the rebuilding or replacement of AFA vessels with safer and more efficient vessels and by allowing the removal of inactive catcher vessels from the AFA fishery. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the AFA, the BSAI FMP, and other applicable laws.
2014-09-12RuleDEPARTMENT OF COMMERCECommerce DepartmentForeign Trade Regulations (FTR): Reinstatement of Exemptions Related to Temporary Exports, Carnets, and Shipments Under a Temporary Import BondThe Bureau of the Census (Census Bureau) issues this interim final rule to amend its regulations to eliminate the reporting requirement for temporary exports, which includes carnets, and goods previously imported on a Temporary Importation Under Bond...2014-21779"https://www.gpo.gov/fdsys/pkg/FR-2014-09-12/pdf/2014-21779.pdfhttps://www.federalregister.gov/documents/2014/09/12/2014-21779/foreign-trade-regulations-ftr-reinstatement-of-exemptions-related-to-temporary-exports-carnets-andThe Bureau of the Census (Census Bureau) issues this interim final rule to amend its regulations to eliminate the reporting requirement for temporary exports, which includes carnets, and goods previously imported on a Temporary Importation Under Bond (TIB). In the Final Rule published in the Federal Register on March 14, 2013, the Census Bureau removed the exemptions for temporary exports, which includes carnets and goods imported under a TIB. This amendment reinstates exemptions for temporary exports/carnets and for goods that were imported under a TIB for return in the same condition as when imported. As a result, these types of shipments are exempt from filing, except as noted in the Foreign Trade Regulations (FTR).
2014-09-09Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentDirect Investment Surveys: BE-10, Survey of U.S. Direct Investment Abroad; CorrectionThis action corrects the Regulation Identifier Number (RIN) in a proposed rule published in the Federal Register on Thursday, August 14, 2014, to amend regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to reinstate reporting...2014-21330"https://www.gpo.gov/fdsys/pkg/FR-2014-09-09/pdf/2014-21330.pdfhttps://www.federalregister.gov/documents/2014/09/09/2014-21330/direct-investment-surveys-be-10-survey-of-us-direct-investment-abroad-correctionThis action corrects the Regulation Identifier Number (RIN) in a proposed rule published in the Federal Register on Thursday, August 14, 2014, to amend regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to reinstate reporting requirements for the 2014 BE-10, Benchmark Survey of U.S. Direct Investment Abroad. Benchmark surveys are conducted every five years; the prior survey covered 2009.
2014-09-09RuleDEPARTMENT OF COMMERCECommerce DepartmentDirect Investment Surveys: BE-13, Survey of New Foreign Direct Investment in the United States; CorrectionThis final rule corrects: The Regulation Identifier Number (RIN) for this action; the effective date; and the statement that the Office of Management and Budget (OMB) has approved the information collection for the BE-13, Survey of New Foreign Direct...2014-21334"https://www.gpo.gov/fdsys/pkg/FR-2014-09-09/pdf/2014-21334.pdfhttps://www.federalregister.gov/documents/2014/09/09/2014-21334/direct-investment-surveys-be-13-survey-of-new-foreign-direct-investment-in-the-united-statesThis final rule corrects: The Regulation Identifier Number (RIN) for this action; the effective date; and the statement that the Office of Management and Budget (OMB) has approved the information collection for the BE-13, Survey of New Foreign Direct Investment in the United States, pursuant to the Paperwork Reduction Act. BEA's information collection request is pending at OMB.
2014-09-05RuleDEPARTMENT OF COMMERCECommerce DepartmentImplementation of Understandings Reached at the 2005, 2012, and 2013 Nuclear Suppliers Group (NSG) Plenary Meetings and a 2009 NSG Intersessional Decision; Additions to the List of NSG Participating Countries; CorrectionThe Bureau of Industry and Security (BIS) published a final rule in the Federal Register on Thursday, August 7, 2014 (79 FR 46316), that amended the Export Administration Regulations (EAR) to implement the understandings reached at the 2005, 2012, and...2014-21209"https://www.gpo.gov/fdsys/pkg/FR-2014-09-05/pdf/2014-21209.pdfhttps://www.federalregister.gov/documents/2014/09/05/2014-21209/implementation-of-understandings-reached-at-the-2005-2012-and-2013-nuclear-suppliers-group-nsgThe Bureau of Industry and Security (BIS) published a final rule in the Federal Register on Thursday, August 7, 2014 (79 FR 46316), that amended the Export Administration Regulations (EAR) to implement the understandings reached at the 2005, 2012, and 2013 Nuclear Suppliers Group (NSG) Plenary meetings. That final rule also amended the EAR to implement a decision adopted under the NSG intersessional silent approval procedures, in December 2009, and to reflect the status of Croatia, Estonia, Iceland, Lithuania, Malta, Mexico, and Serbia as participating countries in the NSG. In that final rule, the amendatory instruction for the EAR supplement that lists ``Country Groups'' contained an error with respect to Mexico. In addition, the amendments to Export Control Classification Number (ECCN) 6A203 in the August 7, 2014, final rule inadvertently omitted the controls that apply to certain radiation-hardened TV cameras and lenses therefor. This document amends the EAR to correct these errors. Finally, the contact information in the preamble of the August 7, 2014, NSG Plenary rule contained an incorrect telephone number and the saving clause in the preamble omitted specific instructions concerning certain items newly controlled under ECCN 3A225. This document amends the preamble of the August 7, 2014, NSG Plenary rule to correct these errors.
2014-09-05RuleDEPARTMENT OF COMMERCECommerce DepartmentBoundary Expansion of Thunder Bay National Marine SanctuaryWith this final rule, the National Oceanic and Atmospheric Administration (NOAA) expands the boundary of Thunder Bay National Marine Sanctuary (TBNMS or sanctuary), clarifies the correlation between TBNMS regulations and Indian tribal fishing...2014-20965"https://www.gpo.gov/fdsys/pkg/FR-2014-09-05/pdf/2014-20965.pdfhttps://www.federalregister.gov/documents/2014/09/05/2014-20965/boundary-expansion-of-thunder-bay-national-marine-sanctuaryWith this final rule, the National Oceanic and Atmospheric Administration (NOAA) expands the boundary of Thunder Bay National Marine Sanctuary (TBNMS or sanctuary), clarifies the correlation between TBNMS regulations and Indian tribal fishing activities, and revises the corresponding sanctuary terms of designation. The new boundary for TBNMS increases the size of the sanctuary from 448 square miles to 4,300 square miles and extends protection to 47 additional known historic shipwrecks of national significance. NOAA has prepared a final environmental impact statement for this action.
2014-08-29RuleDEPARTMENT OF COMMERCECommerce DepartmentUpdated Statements of Legal Authority for the Export Administration RegulationsThis rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite the most recent Presidential notice extending an emergency declared pursuant to the International Emergency...2014-20674"https://www.gpo.gov/fdsys/pkg/FR-2014-08-29/pdf/2014-20674.pdfhttps://www.federalregister.gov/documents/2014/08/29/2014-20674/updated-statements-of-legal-authority-for-the-export-administration-regulationsThis rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite the most recent Presidential notice extending an emergency declared pursuant to the International Emergency Economic Powers Act. This is a procedural rule that only updates authority paragraphs of the EAR. It does not alter any right, obligation or prohibition that applies to any person under the EAR.
2014-08-22RuleDEPARTMENT OF COMMERCECommerce DepartmentForeign Trade Regulations (FTR): Clarification on Uses of Electronic Export InformationThe U.S. Census Bureau issues this interim final rule to amend its regulations to reflect changes related to the implementation of the International Trade Data System (ITDS) and subsequent changes to the access to the electronic export information...2014-19972"https://www.gpo.gov/fdsys/pkg/FR-2014-08-22/pdf/2014-19972.pdfhttps://www.federalregister.gov/documents/2014/08/22/2014-19972/foreign-trade-regulations-ftr-clarification-on-uses-of-electronic-export-informationThe U.S. Census Bureau issues this interim final rule to amend its regulations to reflect changes related to the implementation of the International Trade Data System (ITDS) and subsequent changes to the access to the electronic export information (EEI). The ITDS was established to eliminate redundant information requirements, efficiently regulate the flow of commerce and to effectively enforce laws and regulations relating to international trade by establishing a single portal system for the collection and distribution of standard electronic import and export data required by all participating federal agencies. Therefore, the Automated Export System (AES) will include export information collected under other federal agencies' authority, which is subject to those agencies' disclosure mandates. This rule clarifies the confidentiality provisions of the EEI and facilitates the legitimate sharing of export data consistent with the goals for the ITDS.
2014-08-18RuleDEPARTMENT OF COMMERCECommerce DepartmentCorrections and Clarifications to the Export Administration Regulations; CorrectionThe Bureau of Industry and Security (BIS) is correcting certain provisions of the Export Administration Regulations that were amended by two final rules appearing in the Federal Register on June 5, 2014 and on May 13, 2014. Both rules amended a number...2014-19348"https://www.gpo.gov/fdsys/pkg/FR-2014-08-18/pdf/2014-19348.pdfhttps://www.federalregister.gov/documents/2014/08/18/2014-19348/corrections-and-clarifications-to-the-export-administration-regulations-correctionThe Bureau of Industry and Security (BIS) is correcting certain provisions of the Export Administration Regulations that were amended by two final rules appearing in the Federal Register on June 5, 2014 and on May 13, 2014. Both rules amended a number of the same provisions of the Export Administration Regulations, and certain language was either removed or changed inadvertently. This final rule corrects those provisions to accurately reflect the revisions made by both rules.
2014-08-14RuleDEPARTMENT OF COMMERCECommerce DepartmentRevisions to Defense Priorities and Allocations System RegulationsThis rule clarifies existing standards and procedures by which the Bureau of Industry and Security (BIS) may require that certain contracts or orders that promote the national defense be given priority over other contracts or orders. It also sets new...2014-19168"https://www.gpo.gov/fdsys/pkg/FR-2014-08-14/pdf/2014-19168.pdfhttps://www.federalregister.gov/documents/2014/08/14/2014-19168/revisions-to-defense-priorities-and-allocations-system-regulationsThis rule clarifies existing standards and procedures by which the Bureau of Industry and Security (BIS) may require that certain contracts or orders that promote the national defense be given priority over other contracts or orders. It also sets new standards and procedures for such prioritization with respect to contracts or orders for emergency preparedness activities. Finally, this rule sets new standards and procedures by which BIS may allocate materials, services and facilities to promote the national defense. This rule implements provisions in the Defense Production Act Reauthorization of 2009 (September 30, 2009) (herein the Reauthorization Act) regarding publication of regulations providing standards and procedures for prioritization of contracts and orders and for allocation of materials, services, and facilities to promote the national defense under emergency and non-emergency conditions.
2014-08-14RuleDEPARTMENT OF COMMERCECommerce DepartmentDirect Investment Surveys: BE-13, Survey of New Foreign Direct Investment in the United StatesThis final rule amends regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to reinstate the reporting requirements for the BE-13, Survey of New Foreign Direct Investment in the United States, which was discontinued in 2009....2014-19256"https://www.gpo.gov/fdsys/pkg/FR-2014-08-14/pdf/2014-19256.pdfhttps://www.federalregister.gov/documents/2014/08/14/2014-19256/direct-investment-surveys-be-13-survey-of-new-foreign-direct-investment-in-the-united-statesThis final rule amends regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to reinstate the reporting requirements for the BE-13, Survey of New Foreign Direct Investment in the United States, which was discontinued in 2009. This survey will better measure Commerce Department efforts through the ``Build It Here, Sell It Everywhere'' initiative to expand foreign business investment in the United States and ensure complete coverage of BEA's other foreign direct investment statistics. This survey collects information on the acquisition or establishment of U.S. business enterprises by foreign investors, which was collected on the previous BE-13 survey, and information on expansions by existing U.S. affiliates of foreign companies, which was not previously collected. This mandatory survey will be conducted under the authority of the International Investment and Trade in Services Survey Act (the Act). Unlike other BEA surveys conducted pursuant to the Act, a response would be required from persons subject to the reporting requirements of the BE-13, Survey of New Foreign Direct Investment in the United States, whether or not they are contacted by BEA, in order to insure that respondents subject to the requirements for foreign direct investments in the U.S. are identified.
2014-08-14Proposed RuleDEPARTMENT OF COMMERCECommerce DepartmentDirect Investment Surveys: BE-10, Benchmark Survey of U.S. Direct Investment AbroadThis proposed rule would amend regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to reinstate reporting requirements for the 2014 BE-10, Benchmark Survey of U.S. Direct Investment Abroad. Benchmark surveys are conducted...2014-18623"https://www.gpo.gov/fdsys/pkg/FR-2014-08-14/pdf/2014-18623.pdfhttps://www.federalregister.gov/documents/2014/08/14/2014-18623/direct-investment-surveys-be-10-benchmark-survey-of-us-direct-investment-abroadThis proposed rule would amend regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to reinstate reporting requirements for the 2014 BE-10, Benchmark Survey of U.S. Direct Investment Abroad. Benchmark surveys are conducted every five years; the prior survey covered 2009. The benchmark survey covers the universe of U.S. direct investment abroad, and is BEA's most comprehensive survey of such investment in terms of subject matter. For the 2014 benchmark survey, BEA proposes changes in the data items collected. No changes are proposed to the reporting requirements for the survey. This mandatory survey would be conducted under the authority of the International Investment and Trade in Services Survey Act (the Act). Unlike most other BEA surveys conducted pursuant to the Act, a response would be required from persons subject to the reporting requirements of the BE-10, Benchmark Survey of U.S. Direct Investment Abroad, whether or not they are contacted by BEA, in order to insure that respondents subject to the requirements for U.S. direct investment abroad are identified.
2014-08-07RuleDEPARTMENT OF COMMERCECommerce DepartmentImplementation of Understandings Reached at the 2005, 2012, and 2013 Nuclear Suppliers Group (NSG) Plenary Meetings and a 2009 NSG Intersessional Decision; Additions to the List of NSG Participating CountriesThe Bureau of Industry and Security (BIS) is publishing this final rule to amend the Export Administration Regulations (EAR) to implement the understandings reached at the 2005 Nuclear Suppliers Group (NSG) Plenary meeting held in Oslo, Norway; the...2014-18064"https://www.gpo.gov/fdsys/pkg/FR-2014-08-07/pdf/2014-18064.pdfhttps://www.federalregister.gov/documents/2014/08/07/2014-18064/implementation-of-understandings-reached-at-the-2005-2012-and-2013-nuclear-suppliers-group-nsgThe Bureau of Industry and Security (BIS) is publishing this final rule to amend the Export Administration Regulations (EAR) to implement the understandings reached at the 2005 Nuclear Suppliers Group (NSG) Plenary meeting held in Oslo, Norway; the 2012 NSG Plenary meeting held in Seattle, Washington; and the 2013 NSG Plenary meeting held in Prague, Czech Republic. This rule also implements a decision adopted under the NSG intersessional silent approval procedures in December 2009. Accordingly, this rule amends certain entries in Category 1 (``Special Materials and Related Equipment''), Category 2 (``Materials Processing''), Category 3 (``Electronics''), and Category 6 (``Sensors and Lasers'') of the Commerce Control List (CCL) to reflect changes in the Annex to the NSG ``Guidelines for the Transfer of Nuclear-Related Dual-Use Equipment, Materials, Software and Related Technology'' (the NSG Annex) based on the understandings reached at the 2005, 2012, and 2013 NSG Plenary meetings and the aforementioned 2009 NSG intersessional decision. Consistent with the 2005 NSG understandings, this rule also amends the export licensing policies in the EAR that apply to items that require a license for nuclear nonproliferation (NP) reasons, or as a result of certain nuclear end- users or end-uses, by adding an additional factor that must be considered by BIS when it reviews license applications involving such items, end-users, and/or end-uses. The 2012 and 2013 NSG Plenary understandings are a continuation of the fundamental review of the NSG control lists that was launched at the 2010 NSG Plenary meeting in Christchurch, New Zealand. Finally, this rule amends the EAR to reflect the status of Croatia, Estonia, Iceland, Lithuania, Malta, Mexico, and Serbia as participating countries in the NSG, first, by adding these countries to the list of participating countries in the definition of ``Nuclear Suppliers Group'' and to Country Group A:4 (Nuclear Suppliers Group countries) and, second, by removing the license requirements for exports and reexports to these countries of certain items controlled for nuclear nonproliferation (NP) reasons.
2014-08-06RuleDEPARTMENT OF COMMERCECommerce DepartmentRussian Oil Industry Sanctions and Addition of Person to the Entity ListIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding one person to the Entity List. The person who is added to the Entity List is located in Russia and has been determined by the U.S....2014-18579"https://www.gpo.gov/fdsys/pkg/FR-2014-08-06/pdf/2014-18579.pdfhttps://www.federalregister.gov/documents/2014/08/06/2014-18579/russian-oil-industry-sanctions-and-addition-of-person-to-the-entity-listIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding one person to the Entity List. The person who is added to the Entity List is located in Russia and has been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. This person will be listed on the Entity List under the destination of Russia. This rule also imposes controls on certain items for use in Russia's energy sector intended for energy exploration or production from deepwater (greater than 500 feet), Arctic offshore, or shale projects.
2014-08-04RuleDEPARTMENT OF COMMERCECommerce DepartmentWassenaar Arrangement 2013 Plenary Agreements Implementation: Commerce Control List, Definitions, and Reports; and Extension of Fly-by-Wire Technology and Software ControlsThe Bureau of Industry and Security (BIS) maintains, as part of its Export Administration Regulations (EAR), the Commerce Control List (CCL), which identifies certain of the items subject to Department of Commerce jurisdiction. This final rule revises...2014-17975"https://www.gpo.gov/fdsys/pkg/FR-2014-08-04/pdf/2014-17975.pdfhttps://www.federalregister.gov/documents/2014/08/04/2014-17975/wassenaar-arrangement-2013-plenary-agreements-implementation-commerce-control-list-definitions-andThe Bureau of Industry and Security (BIS) maintains, as part of its Export Administration Regulations (EAR), the Commerce Control List (CCL), which identifies certain of the items subject to Department of Commerce jurisdiction. This final rule revises the CCL to implement changes made to the Wassenaar Arrangement's List of Dual-Use Goods and Technologies (Wassenaar List) maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement, or WA) at the December 2013 WA Plenary Meeting (the Plenary). The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability. This rule harmonizes the CCL with the changes made to the WA List at the Plenary by revising Export Control Classification Numbers (ECCNs) controlled for national security reasons in each category of the CCL, as well as amending the General Technology Note, WA reporting requirements, and definitions section in the EAR. However, BIS intends to publish a separate rule in September setting forth changes to the CCL resulting from the WA agreements for cybersecurity. These changes agreed to at the Plenary include raising the Adjusted Peak Performance (APP) for digital computers in ECCN 4A003. The President's report for High Performance Computers was sent to Congress on July 1, 2014 to set forth the new APP in accordance with the National Defense Authorization Act (NDAA) for FY1998. This rule also makes corresponding revisions to the de minimis rule, and post shipment verification reporting requirements in the Export Administration Regulations. This rule also extends the controls on specified fly-by-wire source code software and technology until June 20, 2015, as BIS continues to negotiate for multilateral controls for this software and technology. This rule also revises the license requirements for Mexico on the Commerce Country Chart, because of its recent membership in multiple multilateral export control regimes. In addition, this rule makes changes to the EAR resulting from previous rules issued as part of BIS's export control reform initiative and makes minor editorial corrections to the CCL.
2014-08-04RuleDEPARTMENT OF COMMERCECommerce DepartmentTechnical Amendments to the Export Administration Regulations: Update of Export Control Classification Number 0Y521 Series Supplement-Biosensor Systems and Related Software and TechnologyIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by removing certain entries from the supplement that identifies those items subject to the EAR that are not listed elsewhere in the Commerce...2014-17961"https://www.gpo.gov/fdsys/pkg/FR-2014-08-04/pdf/2014-17961.pdfhttps://www.federalregister.gov/documents/2014/08/04/2014-17961/technical-amendments-to-the-export-administration-regulations-update-of-export-controlIn this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by removing certain entries from the supplement that identifies those items subject to the EAR that are not listed elsewhere in the Commerce Control List (CCL), but which the Department of Commerce, with the concurrence of the Departments of Defense and State, has determined should be controlled for export for foreign policy reasons or because the items provide a significant military or intelligence advantage to the United States. Within one calendar year from the date that such items are listed in the supplement, BIS must publish a rule reclassifying the items under an entry on the CCL. Otherwise, such items automatically become designated as EAR99 items, unless BIS publishes a rule amending the supplement to extend the period in which the items will be listed therein. In accordance with this requirement, this rule removes references to biosensor systems and related ``software'' and ``technology'' from the supplement, because these items automatically became designated as EAR99 items on March 28, 2014, and the references to them in the supplement are now obsolete.
2014-08-01RuleDEPARTMENT OF COMMERCECommerce DepartmentAddition of Certain Persons to the Entity ListThis rule amends the Export Administration Regulations (EAR) by adding sixteen persons under nineteen entries to the Entity List. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the...2014-17960"https://www.gpo.gov/fdsys/pkg/FR-2014-08-01/pdf/2014-17960.pdfhttps://www.federalregister.gov/documents/2014/08/01/2014-17960/addition-of-certain-persons-to-the-entity-listThis rule amends the Export Administration Regulations (EAR) by adding sixteen persons under nineteen entries to the Entity List. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed on the Entity List under the destinations of Afghanistan, China, Hong Kong, Iran, and the United Arab Emirates (U.A.E.). There are nineteen entries for sixteen persons because three persons are listed under multiple destinations, resulting in three additional entries: one person in the U.A.E. has an address in Iran and two persons in China each have one address in Hong Kong.
2014-07-22RuleDEPARTMENT OF COMMERCECommerce DepartmentAddition of Certain Persons to the Entity ListThis rule amends the Export Administration Regulations (EAR) by adding eleven persons under twelve entries to the Entity List. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the...2014-17196"https://www.gpo.gov/fdsys/pkg/FR-2014-07-22/pdf/2014-17196.pdfhttps://www.federalregister.gov/documents/2014/07/22/2014-17196/addition-of-certain-persons-to-the-entity-listThis rule amends the Export Administration Regulations (EAR) by adding eleven persons under twelve entries to the Entity List. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed on the Entity List under the destinations of Crimea (Occupied), Russia, and Ukraine. There are twelve entries for the eleven persons on the Entity List because one person is being listed in multiple locations, resulting in an additional entry. Specifically, the additional entry covers one person that will be listed on the Entity List under the destination of Crimea (Occupied) and Ukraine.
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