80 FR 29562 - Commencement of Assessment of Annual Charges
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission Federal Register Volume 80, Issue 99 (May 22, 2015)
Federal Energy Regulatory Commission
Federal Register Volume 80, Issue 99 (May 22, 2015)
| Page Range | 29562-29565 | |
| FR Document | 2015-12432 |
[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)] [Proposed Rules] [Pages 29562-29565] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12432] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 11 [Docket No. RM15-18-000] Commencement of Assessment of Annual Charges AGENCY: Federal Energy Regulatory Commission, DOE. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Federal Energy Regulatory Commission (Commission) proposes to revise its regulations regarding when the Commission will commence assessing annual charges to hydropower licensees and exemptees, other than state or municipal entities, with respect to licenses and exemptions authorizing unconstructed projects and new capacity. Specifically, the Commission proposes to commence assessing annual charges two years from the effective date of the project license, exemption, or amendment authorizing new capacity, rather than on the date that project construction starts. The proposed revisions will provide administrative efficiency and promote certainty among licensees, exemptees, and Commission staff as to when annual charges will commence. DATES: Comments are due July 21, 2015. ADDRESSES: Comments, identified by docket number, may be filed in the following ways:Electronic filing through http://www.ferc.gov. Documents created electronically using word processing software should be filed in native applications or print-to-PDF format, rather than in a scanned format. Mail/Hand Delivery. Those unable to file electronically may mail or hand-deliver comments to: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE., Washington, DC 20426. Instructions: For detailed instructions for submitting comments and additional information on the rulemaking process, see the Comment Procedures section of this document. FOR FURTHER INFORMATION CONTACT: Tara DiJohn (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-8671, [email protected]. Norman Richardson (Technical Information), Office of the Executive Director, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-6219, [email protected]. SUPPLEMENTARY INFORMATION: TABLE OF CONTENTS Paragraph Number I. Background.............................................. 1. II. Proposed Revisions..................................... 8. III. Regulatory Requirements............................... 13. A. Information Collection Statement.................... 13. B. Environmental Analysis.............................. 14. C. Regulatory Flexibility Act.......................... 15. D. Comment Procedures.................................. 20. E. Document Availability............................... 24. I. Background 1. Section 10(e)(1) of the Federal Power Act (FPA),\1\ and section 3401 of the Omnibus Budget Reconciliation Act of 1986,\2\ require the Federal Energy Regulatory Commission (Commission) to, among other things, collect annual charges from licensees in order to reimburse the United States for the costs of administering Part I of the FPA. The Commission assesses these annual charges against licensees and exemptees of projects with more than 1.5 megawatts (MW) of installed capacity under section 11.1 of its regulations.\3\ --------------------------------------------------------------------------- \1\ 16 U.S.C. 803(e)(1) (2012). \2\ 42 U.S.C. 7178 (2012). \3\ 18 CFR 11.1 (2014). --------------------------------------------------------------------------- 2. Currently, the Commission begins assessing these annual charges against licensees and exemptees with original licenses or exemptions authorizing unconstructed projects on the date project construction starts.\4\ The Commission also begins assessing annual charges for new capacity, authorized by a relicense \5\ or an amendment of a license or exemption, on the date that the construction to enable such capacity starts.\6\ Because this proposed rule affects only projects with respect to which annual charges are assessed when project construction starts, we will not further discuss state or municipal projects, projects that do not have installed capacity that exceeds 1.5 MW, or constructed projects without newly authorized capacity.\7\ --------------------------------------------------------------------------- \4\ Id. (c)(5). \5\ We use the term ``relicense'' to refer to any new or subsequent license. \6\ 18 CFR 11.1(c)(5) (2014). We refer to the addition of capacity and a reduction of capacity (on occasion, capacity is reduced as a result of construction, in which case annual charges are lowered) as ``new capacity.'' \7\ Licensees or exemptees that are state or municipal entities are already not assessed annual charges until project operation commences. 18 CFR 11.1(d)(6) (2014). As noted above, the Commission does not assess annual charges with respect to projects with installed capacity of less than or equal to 1.5 MW. Licensees or exemptees of constructed projects without new capacity are assessed annual charges immediately, because their entire capacity is already in place. See 18 CFR 11.1(c)(5) (2014). --------------------------------------------------------------------------- [[Page 29563]] 3. Recently, to determine when project construction starts for annual charges purposes, the Commission has included language in its orders requiring the licensee or exemptee to notify the Commission when project construction begins.\8\ Otherwise, the Commission has to contact the licensee or exemptee to determine that date. --------------------------------------------------------------------------- \8\ See, e.g., Eagle Crest Energy Company, 147 FERC ] 61,220, at Article 207 (2014) (requiring the licensee to notify the Commission of the date when it starts construction of the unconstructed project); Wisconsin Electric Power Co., 144 FERC ] 62,268, at ordering para. (G) (2013) (requiring the licensee to notify the Commission of the date when it starts construction of the newly authorized capacity). --------------------------------------------------------------------------- 4. Annual charges assessment should typically commence within two years of the effective date of the order issuing a license, exemption, or amendment adding capacity.\9\ Original licenses and relicenses require a licensee to start construction no later than two years from the effective license date pursuant to section 13 of the FPA.\10\ Similarly, exemptions of unconstructed projects include standard exemption Article 3, which allows the Commission to revoke an exemption if actual construction of the proposed generating facilities has not begun within two years.\11\ Amendments adding new capacity include an ordering paragraph that typically requires the licensee or exemptee to start construction within two years of the amendment's issuance date.\12\ --------------------------------------------------------------------------- \9\ Unless otherwise specified, orders are effective on the date of issuance. 18 CFR 385.2007(c)(1) (2014). On occasion, a relicense is issued before the expiration of the prior license. In that circumstance, the effective date would not be the date of issuance and would instead be established in the order to coincide with the expiration of the prior license. \10\ See 16 U.S.C. 806 (2012). \11\ 18 CFR 4.94(c) (2014). \12\ See, e.g., Northern States Power Co., 138 FERC ] 62,022, at ordering para. (E) (2012). --------------------------------------------------------------------------- 5. In some cases, construction may not begin by the two-year deadline and therefore annual charges assessment may begin more than two years after the effective date (e.g., when a license's start of construction deadline is extended by the Commission for an additional period of no more than two years as permitted by section 13 of the FPA).\13\ In rare cases, the Commission has granted requests for stay of a license's start of construction deadline, or of an entire license, in certain narrowly circumscribed circumstances.\14\ On average, the Commission grants extensions and stays of a license's start of construction deadline 3.4 and zero \15\ times per year, respectively. --------------------------------------------------------------------------- \13\ 16 U.S.C. 806 (2012). \14\ Such circumstances may exist where there are preconditions to construction that are beyond a licensee's control but will likely be resolved within a definitive period of time. See City of Broken Bow, Oklahoma, 142 FERC ] 61,118, at PP 8-9 (2013) (staying the start of construction deadline where City presented sufficient proof it would not be able to timely start project construction for reasons outside of its control). \15\ From 2010 through 2014, the Commission granted three requests for stays of construction deadlines to municipal licensees with projects at U.S. Army Corps of Engineers' dams. --------------------------------------------------------------------------- 6. Similarly, exemptees may not begin construction by the deadline, and may request that the Commission extend the deadline to start construction. The Commission expects the prompt development of exemption projects and that exemption applicants will anticipate and solve problems that affect construction either before or during the time that they seek their exemptions.\16\ From 2010 through 2014, the Commission granted two extensions of start of construction deadlines, or on average 0.4 times per year, to exemptees. --------------------------------------------------------------------------- \16\ Ralph and Raleigh Coppedge, 28 FERC ] 61,363, at 61,654 & n.11 (1984) (citing, FERC Stats. & Regs., Regulations Preambles 1977-1981 ] 30,204, at 31,368 (1980). Exemption from All or Part of Part I of the Federal Power Act of Small Hydroelectric Power Projects With an Installed Capacity of Five Megawatts or Less, Order No. 106. --------------------------------------------------------------------------- 7. Licensees and exemptees can experience delays and may request an extension of an amendment order's start of construction deadline as well. From 2010 through 2014, the Commission granted six initial extensions of a start of construction deadline, or an average of 1.2 extensions per year, to licensees granted amendments authorizing new capacity. II. Proposed Revisions 8. The Commission proposes to revise section 11.1(c)(5) of its regulations regarding when it will commence assessing annual charges with respect to hydropower licenses and exemptions authorizing unconstructed projects and new capacity. Specifically, the Commission proposes to commence assessing annual charges two years from the effective date of an order issuing a license, exemption, or an amendment authorizing additional capacity, rather than on the date project construction starts. 9. The Commission anticipates the proposed rule will provide administrative efficiency and foster certainty among licensees, exemptees, and Commission staff as to when annual charges will commence. Licensees and exemptees will no longer need to notify the Commission when project construction starts for the purpose of assessing annual charges and, in turn, the Commission will not have to contact the licensee or exemptee for this purpose. 10. This proposed change, however, will affect those licensees and exemptees that do not start construction within two years. Annual charges will be assessed two years from the effective date of an order issuing a license, exemption, or an amendment authorizing additional capacity, regardless of whether the Commission has granted an extension of time for construction or a stay of the construction deadline.\17\ As noted above, on average, 5 (3.4 licenses + 0.4 exemptions + 1.2 license amendments) affected projects each year receive extensions of the start of construction deadline, and zero receive a stay of the start of construction deadline.\18\ --------------------------------------------------------------------------- \17\ Additionally, this proposed change may affect any licensees and exemptees that utilize a phase-in approach for adding capacity. \18\ Stays of entire licenses, however, will continue to stay the assessment of annual charges. --------------------------------------------------------------------------- 11. In addition, licensees and exemptees that do not start construction by the deadline established in their license or exemption, or as extended by the Commission, will be affected. If a licensee fails to start construction within two years of its license's effective date or as extended by the Commission, the Commission must terminate the license pursuant to section 13 of the FPA.\19\ Similarly, as noted above, standard exemption Article 3 states that the Commission may revoke an exemption if the exemptee fails to start construction within the time prescribed by the Commission. From 2010 through 2014, the Commission terminated one license, or an average of 0.2 licenses per year, and no exemptions. Therefore, we estimate that annually 0.2 licenses would have been assessed annual charges after the two-year deadline until their termination for failure to construct. --------------------------------------------------------------------------- \19\ 16 U.S.C. 806 (2012). --------------------------------------------------------------------------- 12. In sum, we anticipate that, on average, 5.2 (5 extensions + 0.2 terminations) licensees and/or exemptees per year will begin paying annual charges before starting construction or before the Commission terminates its license or revokes its exemption under the proposed rule. [[Page 29564]] III. Regulatory Requirements A. Information Collection Statement 13. The Paperwork Reduction Act \20\ requires each federal agency to seek and obtain Office of Management and Budget (OMB) approval before undertaking a collection of information directed to ten or more persons or contained in a rule of general applicability. OMB regulations require approval of certain information collection requirements contemplated by proposed rules.\21\ The proposed revisions discussed above do not impose or alter existing reporting or recordkeeping requirements on applicable entities as defined by the Paperwork Reduction Act.\22\ Therefore, the Commission will submit this proposed rule to OMB for informational purposes only. --------------------------------------------------------------------------- \20\ 44 U.S.C. 3501-3521 (2012). \21\ See 5 CFR 1320.11 (2014). \22\ 44 U.S.C. 3502(2)-(3) (2012). --------------------------------------------------------------------------- B. Environmental Analysis 14. The Commission is required to prepare an Environmental Assessment or an Environmental Impact Statement for any action that may have a significant adverse effect on the human environment.\23\ Commission actions concerning annual charges are categorically exempt from this requirement.\24\ --------------------------------------------------------------------------- \23\ Regulations Implementing the National Environmental Policy Act of 1969, Order No. 486, 52 FR 47,897 (Dec. 17, 1987), FERC Stats. & Regs., Regulations Preambles 1986-1990 ] 30,783 (1987). \24\ See 18 CFR 380.4 (a)(11) (2014). --------------------------------------------------------------------------- C. Regulatory Flexibility Act 15. The Regulatory Flexibility Act of 1980 (RFA) \25\ generally requires a description and analysis of proposed and final rules that will have significant economic impact on a substantial number of small entities. The RFA mandates consideration of regulatory alternatives that accomplish the stated objectives of a proposed rule and minimize any significant economic impact on a substantial number of small entities.\26\ --------------------------------------------------------------------------- \25\ 5 U.S.C. 601-612 (2012). \26\ 5 U.S.C. 603(c) (2012). --------------------------------------------------------------------------- 16. The Small Business Administration's (SBA) Office of Size Standards develops the numerical definition of a small business.\27\ The SBA revised its size standard for electric utilities (effective January 22, 2014) from a standard based on megawatt hours to a standard based on the number of employees, including affiliates.\28\ Under SBA's current size standards, a hydroelectric generator is small if, including its affiliates, it employs 500 or fewer people.\29\ The Commission, however, currently does not require information regarding the number of individuals employed by hydroelectric generators to administer Part I of the FPA, and therefore, is unable to estimate the number of small entities using the new SBA definitions. Regardless, the Commission anticipates that the proposed rule will affect few small hydroelectric generators. --------------------------------------------------------------------------- \27\ 13 CFR 121.101 (2014). \28\ SBA Final Rule on ``Small Business Size Standards: Utilities,'' 78 FR 77,343 (Dec. 23, 2013). \29\ 13 CFR 121.201, Sector 22, Utilities (2014). --------------------------------------------------------------------------- 17. As noted earlier, the proposed rule will only affect non-state or municipal licensed projects with an installed capacity exceeding 1.5 MW that are unconstructed or have newly authorized capacity. From 2010 through 2014, the Commission issued on average 3.6 original licenses and 0.4 exemptions per year authorizing unconstructed projects to affected licensees and exemptees, and 1.6 relicenses and 5 license amendments per year authorizing new capacity. In sum, on average a total of 10.6 licensees and exemptees may be affected by the proposed rule annually. 18. Of the 10.6 total entities, only those that do not start construction within two years, or receive a stay of their license, will be negatively affected by the acceleration of annual charges. As noted above, on average, 5.2 affected licensees and/or exemptees per year do not start construction within two years. Conversely, small entities that would otherwise start construction before the two year mark after their effective date will benefit from the proposed rule as it delays the commencement of their annual charges. 19. Accordingly, pursuant to section 605(b) of the RFA, the Commission certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities. D. Comment Procedures 20. The Commission invites interested persons to submit comments on the matters and issues proposed in this notice to be adopted, including any related matters or alternative proposals that commenters may wish to discuss. Comments are due July 21, 2015. Comments must refer to Docket No. RM15-18-000, and must include the commenter's name, the organization they represent, if applicable, and their address. 21. The Commission encourages comments to be filed electronically via the eFiling link on the Commission's Web site at http://www.ferc.gov. The Commission accepts most standard word processing formats. Documents created electronically using word processing software should be filed in native applications or print-to-PDF format and not in a scanned format. Commenters filing electronically do not need to make a paper filing. 22. Commenters that are not able to file comments electronically must send an original of their comments to: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE., Washington, DC 20426. 23. All comments will be placed in the Commission's public files and may be viewed, printed, or downloaded remotely as described in the Document Availability section below. Commenters on this proposal are not required to serve copies of their comments on other commenters. E. Document Availability 24. In addition to publishing the full text of this document in the Federal Register, the Commission provides all interested persons an opportunity to view and print the contents of this document via the Internet through the Commission's Home Page (http://www.ferc.gov) and in the Commission's Public Reference Room during normal business hours (8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A, Washington, DC 20426. 25. From the Commission's Home Page on the Internet, this information is available on eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and downloading. To access this document in eLibrary, type the docket number excluding the last three digits of this document in the docket number field. 26. User assistance is available for eLibrary and the Commission's Web site during normal business hours from the Commission's Online Support at (202) 502-6652 (toll free at 1-866-208-3676) or email at [email protected], or the Public Reference Room at (202) 502- 8371, TTY (202) 502-8659. Email the Public Reference Room at [email protected]. List of Subjects in 18 CFR Part 11 Electric power, Reporting and recordkeeping requirements. By direction of the Commission. Issued: May 14, 2015 Nathaniel J. Davis, Sr., Deputy Secretary. In consideration of the foregoing, the Commission proposes to amend Part 11, Chapter I, Title 18, Code of Federal Regulations, as follows: [[Page 29565]] PART 11--ANNUAL CHARGES UNDER PART I OF THE FEDERAL POWER ACT 0 1. The authority citation for Part 11 continues to read as follows: Authority: 16 U.S.C. 792-828c; 42 U.S.C. 7101-7352. 0 2. Revise Sec. 11.1(c)(5) to read as follows: Sec. 11.1 Costs of administration. * * * * * (c) * * * (5) For unconstructed projects, the assessments start two years after the effective date of the license or exemption. For constructed projects, the assessments start on the effective date of the license or exemption, except for any new capacity authorized therein. The assessments for new authorized capacity start two years after the effective date of the license, exemption, or amendment, authorizing such new capacity. In the event that assessment commences during a fiscal year, the charges will be prorated based on the date of commencement. * * * * * [FR Doc. 2015-12432 Filed 5-21-15; 8:45 am] BILLING CODE 6717-01-P
![29562 Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules
§ 1201.4 [Amended] DEPARTMENT OF ENERGY ADDRESSES: Comments, identified by
■ 2. Revise § 1201.4 to read as follows: docket number, may be filed in the
(a) Except as provided in § 1201.1(c) Federal Energy Regulatory following ways:
and (d), architectural glazing products Commission
• Electronic filing through http://
shall be tested in accordance with all of www.ferc.gov. Documents created
the applicable test provisions of ANSI 18 CFR Part 11
electronically using word processing
Z97.1–2009ε2 ‘‘American National software should be filed in native
Standard for Safety Glazing Materials [Docket No. RM15–18–000]
applications or print-to-PDF format,
Used in Building—Safety Performance Commencement of Assessment of rather than in a scanned format.
Specifications and Methods of Test.’’
Annual Charges • Mail/Hand Delivery. Those unable
The Director of the Federal Register
approves the incorporation by reference AGENCY: Federal Energy Regulatory to file electronically may mail or hand-
in accordance with 5 U.S.C. 552(a) and Commission, DOE. deliver comments to: Federal Energy
1 CFR part 51. You may obtain a copy ACTION: Notice of proposed rulemaking.
Regulatory Commission, Secretary of the
from ANSI Customer Service Commission, 888 First Street NE.,
Department, 25 W 43rd Street, 4th SUMMARY: The Federal Energy Washington, DC 20426.
Floor, New York NY, 10036. You may Regulatory Commission (Commission) Instructions: For detailed instructions
inspect a copy at the Office of the proposes to revise its regulations for submitting comments and additional
Secretary, U.S. Consumer Product regarding when the Commission will information on the rulemaking process,
Safety Commission, Room 820, 4330 commence assessing annual charges to see the Comment Procedures section of
East West Highway, Bethesda, MD hydropower licensees and exemptees, this document.
20814, telephone 301–504–7923, or at other than state or municipal entities,
the National Archives and Records with respect to licenses and exemptions FOR FURTHER INFORMATION CONTACT:
Administration (NARA). For authorizing unconstructed projects and Tara DiJohn (Legal Information), Office
information on the availability of this new capacity. Specifically, the of the General Counsel, Federal
material at NARA, call 202–741–6030, Commission proposes to commence Energy Regulatory Commission, 888
or go to: http://www.archives.gov/ assessing annual charges two years from First Street NE., Washington, DC
federal-register/cfr/ibr-locations.html. the effective date of the project license, 20426, (202) 502–8671, tara.dijohn@
(b) [Reserved] exemption, or amendment authorizing
■ 3. Remove Figures 1 through 5 to
ferc.gov.
new capacity, rather than on the date
Subpart A of Part 1201. that project construction starts. The Norman Richardson (Technical
Dated: May 19, 2015. proposed revisions will provide Information), Office of the Executive
Todd A. Stevenson, administrative efficiency and promote Director, Federal Energy Regulatory
certainty among licensees, exemptees, Commission, 888 First Street NE.,
Secretary, Consumer Product Safety
Commission. and Commission staff as to when annual Washington, DC 20426, (202) 502–
[FR Doc. 2015–12438 Filed 5–21–15; 8:45 am] charges will commence. 6219, norman.richardson@ferc.gov.
BILLING CODE 6355–01–P DATES: Comments are due July 21, 2015. SUPPLEMENTARY INFORMATION:
TABLE OF CONTENTS
Paragraph
Number
I. Background .......................................................................................................................................................................................... 1.
II. Proposed Revisions ............................................................................................................................................................................ 8.
III. Regulatory Requirements ................................................................................................................................................................. 13.
A. Information Collection Statement ............................................................................................................................................. 13.
B. Environmental Analysis ............................................................................................................................................................. 14.
C. Regulatory Flexibility Act .......................................................................................................................................................... 15.
D. Comment Procedures ................................................................................................................................................................. 20.
E. Document Availability ................................................................................................................................................................ 24.
I. Background megawatts (MW) of installed capacity on the date that the construction to
under section 11.1 of its regulations.3 enable such capacity starts.6 Because
1. Section 10(e)(1) of the Federal this proposed rule affects only projects
Power Act (FPA),1 and section 3401 of 2. Currently, the Commission begins
assessing these annual charges against with respect to which annual charges
the Omnibus Budget Reconciliation Act are assessed when project construction
licensees and exemptees with original
of 1986,2 require the Federal Energy starts, we will not further discuss state
licenses or exemptions authorizing
Regulatory Commission (Commission) or municipal projects, projects that do
unconstructed projects on the date
to, among other things, collect annual not have installed capacity that exceeds
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
project construction starts.4 The
charges from licensees in order to Commission also begins assessing 1.5 MW, or constructed projects without
reimburse the United States for the costs annual charges for new capacity, newly authorized capacity.7
of administering Part I of the FPA. The authorized by a relicense 5 or an
Commission assesses these annual amendment of a license or exemption, 6 18 CFR 11.1(c)(5) (2014). We refer to the
charges against licensees and exemptees addition of capacity and a reduction of capacity (on
of projects with more than 1.5 occasion, capacity is reduced as a result of
3 18
CFR 11.1 (2014). construction, in which case annual charges are
4 Id.
(c)(5). lowered) as ‘‘new capacity.’’
1 16 U.S.C. 803(e)(1) (2012). 5 We use the term ‘‘relicense’’ to refer to any new 7 Licensees or exemptees that are state or
2 42 U.S.C. 7178 (2012). or subsequent license. municipal entities are already not assessed annual
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![Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules 29565
PART 11—ANNUAL CHARGES UNDER with the EAR; and make several minor license or other approval (to include
PART I OF THE FEDERAL POWER ACT edits for clarity. The proposed revisions exemptions, see § 120.20) issued by the
contained in this rule are part of the Department of State.
■ 1. The authority citation for Part 11 Department of State’s retrospective plan Items exported to or on behalf of an
continues to read as follows: under E.O. 13563. agency of the U.S. government: This
Authority: 16 U.S.C. 792–828c; 42 U.S.C. DATES: The Department of State will proposed rule revises the licensing
7101–7352. accept comments on this proposed rule exemption language in ITAR § 126.4 to
until July 6, 2015. clarify when exports may be made to or
■ 2. Revise § 11.1(c)(5) to read as
ADDRESSES: Interested parties may
on behalf of an agency of the U.S.
follows:
submit comments by one of the government without a license.
§ 11.1 Costs of administration. following methods: Additionally, the scope of this
* * * * * • Email: DDTCPublicComments@ exemption is expanded in that it will
(c) * * * state.gov with the subject line, ‘‘ITAR allow for permanent exports, rather than
(5) For unconstructed projects, the Amendment—To or on behalf of’’; only temporary exports. The
assessments start two years after the • Internet: At www.regulations.gov, Department seeks comments from the
effective date of the license or search for this proposed rule by using public on whether the proposed
exemption. For constructed projects, the this proposed rule’s RIN (1400–AC88). revision adequately eliminates
assessments start on the effective date of Comments received after that date ambiguity as to when the exemption
the license or exemption, except for any will be considered if feasible, but may be applied, and whether it creates
new capacity authorized therein. The consideration cannot be assured. Those any unintended compliance burden.
assessments for new authorized capacity submitting comments should not Revision to the Destination Control
start two years after the effective date of include any personally identifying Statement: This proposed rule revises
the license, exemption, or amendment, information they do not desire to be the destination control statement in
authorizing such new capacity. In the made public or information for which a ITAR § 123.9 to harmonize its language
event that assessment commences claim of confidentiality is asserted with the EAR. This change is being
because those comments and/or made to facilitate the President’s Export
during a fiscal year, the charges will be
transmittal emails will be made Control Reform initiative, which has
prorated based on the date of
available for public inspection and transferred thousands of formerly ITAR-
commencement.
copying after the close of the comment controlled defense article parts and
* * * * * components, along with other items, to
[FR Doc. 2015–12432 Filed 5–21–15; 8:45 am] period via the Directorate of Defense
Trade Controls Web site at the Commerce Control List in the EAR
BILLING CODE 6717–01–P under the jurisdiction of the Department
www.pmddtc.state.gov. Parties who
of Commerce.
wish to comment anonymously may do
This change in jurisdiction for many
DEPARTMENT OF STATE so by submitting their comments via parts and components, along with other
www.regulations.gov, leaving the fields items, for military systems has increased
22 CFR Parts 120, 123, 124, 125, and that would identify the commenter the incidence of exporters shipping
126 blank and including no identifying articles subject to both the ITAR and the
information in the comment itself. EAR in the same shipment. Both
RIN 1400–AC88
Comments submitted via regulations have a mandatory
[Public Notice 9139] www.regulations.gov are immediately destination control statement that must
available for public inspection. be on the export control documents for
Amendment to the International Traffic FOR FURTHER INFORMATION CONTACT: Mr. shipments that include items subject to
in Arms Regulations: Exports and C. Edward Peartree, Director, Office of both sets of regulations. This has caused
Temporary Imports Made to or on Defense Trade Controls Policy, confusion to exporters as to which
Behalf of a Department or Agency of Department of State, telephone (202) statement to include on mixed
the U.S. Government; Procedures for 663–2792; email shipments, or whether to include both.
Obtaining State Department DDTCPublicComments@state.gov. Harmonizing these statements will ease
Authorization To Export Items Subject ATTN: ITAR Amendment—To or on the regulatory burden on exporters.
to the Export Administration behalf of. The Department of State’s full Procedures for Obtaining State
Regulations; Revision to the retrospective plan can be accessed at Department Authorization to Export
Destination Control Statement; and http://www.state.gov/documents/ Items Subject to the EAR: This proposed
Other Changes organization/181028.pdf. rule revises the ITAR in a number of
AGENCY: Department of State. SUPPLEMENTARY INFORMATION: The places to clarify how parties may obtain
ACTION: Proposed rule. Department proposes to make the authorization from the Department to
following revisions in this rule: export or retransfer items subject to the
SUMMARY: As part of the President’s Items subject to the EAR: This EAR. Section 120.5 is revised to clarify
Export Control Reform (ECR) effort, the proposed rule adds clarifying language that items subject to the EAR may be
Department of State is proposing to to various provisions of the ITAR authorized pursuant to an exemption
amend the International Traffic in Arms pertaining to the export of items subject with certain conditions. A new
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Regulations (ITAR) to: clarify to the EAR pursuant to a Department of paragraph (d) is added to ITAR § 123.9
regulations pertaining to the export of State authorization, when such exports to clarify the requirements for
items subject to the Export are made in conjunction with items retransferring items subject to the EAR
Administration Regulations (EAR); subject to the ITAR. These revisions pursuant to a letter of General
revise the licensing exemption for include guidance on the use of licensing Correspondence. Section 124.16 is
exports made to or on behalf of an exemptions for export of such items, as revised to clarify that the special
agency of the U.S. government; revise well as clarification that items subject to retransfer authorization of this section
the destination control statement in the EAR are not considered defense may be used for items subject to the
ITAR § 123.9 to harmonize the language articles, even when exported under a EAR with certain conditions.
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Document Created: 2015-12-15 15:45:48
Document Modified: 2015-12-15 15:45:48
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments are due July 21, 2015. | |
| Contact | Tara DiJohn (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-8671, [email protected] Norman Richardson (Technical Information), Office of the Executive Director, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-6219, [email protected] | |
| FR Citation | 80 FR 29562 | |
| CFR Associated | Electric Power and Reporting and Recordkeeping Requirements |
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