80 FR 43314 - Cuba: Implementing Rescission of State Sponsor of Terrorism Designation
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 80, Issue 140 (July 22, 2015)
Bureau of Industry and Security
Federal Register Volume 80, Issue 140 (July 22, 2015)
| Page Range | 43314-43320 | |
| FR Document | 2015-17981 |
[Federal Register Volume 80, Number 140 (Wednesday, July 22, 2015)] [Rules and Regulations] [Pages 43314-43320] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17981] [[Page 43314]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 734, 736, 740, 742, 746, 748, 750, 758, 772, and 774 [Docket No. 150416374-5374-01] RIN 0694-AG60 Cuba: Implementing Rescission of State Sponsor of Terrorism Designation AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This 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 The Secretary of State rescinded the designation of Cuba as a State Sponsor of Terrorism on May 29, 2015. DATES: This rule is effective July 22, 2015. FOR FURTHER INFORMATION CONTACT: Foreign Policy Division, Office of Nonproliferation and Treaty Compliance, Bureau of Industry and Security, Phone: (202) 482-4252. SUPPLEMENTARY INFORMATION: Contents I. Background II. Removal of Anti-Terrorism Controls and Text Associating Cuba With Terrorism III. Jurisdiction--Items That Are Subject to the Ear A. Items With More Than de minimis Controlled U.S. Origin Content B. Items That Are the Direct Product of U.S.-Origin National Security Technology or Software IV. Provisions Impacted by Cuba's Removal From County Group E:1 V. Provisions Being Amended To Retain Existing Cuba-Related Requirements I. Background The United States maintains a comprehensive embargo on trade with Cuba. Pursuant to that embargo, all items that are subject to the Export Administration Regulations (EAR) require a license for export or reexport to Cuba unless authorized by a license exception. The Bureau of Industry and Security (BIS) administers export and reexport restrictions on Cuba consistent with the goals of that embargo and with relevant law. Accordingly, BIS may issue specific or general authorizations in the form of licenses or license exceptions for transactions that support the goals of United States policy while the embargo remains in effect. On December 17, 2014, the President announced that the United States is taking steps to chart a new course in bilateral relations with Cuba and to further engage and empower the Cuban people. As one of these steps, the President directed the Secretary of State to review Cuba's designation as a State Sponsor of Terrorism and provide a report to the President within six months. Cuba was designated as a State Sponsor of Terrorism in 1982. Pursuant to Sections 6(a) and 6(j) of the Export Administration Act of 1979, as amended (EAA), State Sponsors of Terrorism are subject to anti-terrorism (AT) controls and certain other restrictions in the EAR. Once designated, a country remains a State Sponsor of Terrorism until its designation is rescinded in accordance with the relevant statutes (Section 6(j) of the EAA; Section 40 of the Arms Export Control Act of 1976, as amended; and Section 620A of the Foreign Assistance Act of 1961, as amended). There are two possible paths to rescission of a State Sponsor of Terrorism designation under the relevant statutes. The first requires the President to submit a report to Congress before the proposed rescission would take effect certifying that (1) there has been a fundamental change in the leadership and policies of the government of the country concerned, (2) the government is not supporting acts of international terrorism, and (3) the government has provided assurances that it will not support acts of international terrorism in the future. The second path requires that the President submit a report to Congress, at least 45 days before the proposed rescission would take effect, justifying the rescission and certifying the subject government has not provided any support for international terrorism for the preceding six-month period and has given assurances that it will not support acts of international terrorism in the future. The rescission of Cuba's designation was done consistent with the second path. On April 8, 2015, the Secretary of State completed the review requested by the President and submitted his analysis to the President recommending that Cuba should no longer be designated as a State Sponsors of Terrorism. On April 14, 2015, the President submitted to Congress the statutorily required report indicating the Administration's intent to rescind Cuba's State Sponsor of Terrorism designation, including the certification that Cuba has not provided any support for international terrorism during the previous six months; and that Cuba has provided assurances that it will not support acts of international terrorism in the future. The Secretary of State then made the final decision to rescind Cuba's designation as a State Sponsor of Terrorism, which was effective on May 29, 2015. Accordingly, this rule removes references to Cuba as a State Sponsor of Terrorism and removes anti-terrorism (AT) controls from Cuba. However, Cuba is still subject to a comprehensive embargo and, as specified in Sec. 746.2(a) of the EAR, a license is still required to export or reexport to Cuba any item subject to the EAR unless authorized by a license exception. Only those license exceptions listed in Sec. 746.2(a) may be used to export or reexport to Cuba. These requirements of Sec. 746.2(a) apply to all items subject to the EAR, including EAR99 items and items that are controlled on the Commerce Control List (CCL) only for AT reasons. II. Removal of Anti-Terrorism Controls and Text Associating Cuba With Terrorism This rule removes:The reference to ``counter-terrorism'' from the licensing policy that applies to certain exports intended to provide support for the Cuban people that appears in Sec. 746.2(b)(4)(i) (which will be redesignated as Sec. 746.2(b)(3)(i)); Sec. 746.2(c), which identifies Cuba as a country whose government has repeatedly provided support for acts of international terrorism; the references to ``terrorism'' and ``state sponsors of terrorism'' from Sec. 746.2(e), which describes the license requirements regarding Cuba of the U.S. Department of the Treasury, Office of Foreign Assets Control and the U.S. Department of State; and the word ``Cuba'' from the statements of anti-terrorism license requirements in Export Control Classification Numbers 1C350, 1C355, 1C395, 2A994, 2D994 and 2E994. This rule also removes Cuba from the following provisions, which list countries that have been designated as State Sponsors of Terrorism or that have repeatedly supported acts of international terrorism: Sec. 742.1(d); Supplement No. 2 to part 742, [[Page 43315]] paragraphs (a) and (b)(1); Sec. 750.4(b)(6)(i); and Sec. 772.1, definition of ``countries supporting international terrorism.'' Finally, this rule removes Cuba from Country Group E:1--Terrorist Supporting Countries--in Supplement No. 1 to Part 740--Country Groups. However, Cuba remains in Country Group E:2--Unilateral embargo. Cuba also remains in Country Groups D:2, D:3, and D:5. Because country groups are used to specify the countries that are subject to certain provisions of the EAR, particularly license exceptions, and to impose certain restrictions, removal of Cuba from Country Group E:1 can have effects elsewhere in the EAR as will be discussed below. III. Jurisdiction--Items That Are Subject to the EAR A. Items With More Than de minimis Controlled U.S. Origin Content The EAR apply to items that contain more than a de minimis amount of controlled U.S.-origin content including foreign-made items located outside the United States. For most items, the de minimis level is 10 percent if the destination of the foreign-made item is in Country Group E:1 and 25 percent if the destination is elsewhere. The removal of Cuba from Country Group E:1 raises the de minimis level to 25 percent for most items destined for Cuba. Additionally, since Cuba is no longer in Country Group E:1, the 25 percent de minimis level now applies to certain foreign-made encryption items destined for Cuba that meet the criteria specified in Sec. 734.4(b)(1)(iii) of the EAR. With the general increase in the de minimis level to 25 percent, paragraph (b)(3) of Sec. 746.2, which described the circumstances under which foreign made items containing an insubstantial proportion of U.S. origin content (i.e., not exceeding 20 percent) would generally be considered favorably, is no longer needed, so this rule removes that paragraph. Foreign-made items destined for Cuba that incorporate U.S.-origin 9x515 or ``600 series'' .y content continue to be subject to the EAR regardless of the level of U.S.-origin content, i.e., there is no de minimis for these items when destined for Cuba. To maintain this exclusion with respect to Cuba, this rule adds Country Group E:2 to the list of destinations (Country Group E:1 and the People's Republic of China) subject to that exclusion. Since 9x515 and ``600 series'' .y items are ``specially designed'' items transferred from the United States Munitions List to the CCL, this de minimis exclusion is still warranted for countries subject to unilateral embargo. Accordingly, BIS is amending Sec. 734.4(a)(6)(ii) to include Country Group E:2. B. Items That Are the Direct Product of U.S.-Origin National Security Technology and Software The EAR apply to foreign-made national security items that are the direct product of U.S.-origin national security technology and software. Such items are subject to the EAR (and require a license) if destined to a country in Country Group D:1 or E:1. This rule retains Cuba as one of the destinations that is subject to this requirement by adding Country Group E:2 to Sec. 736.2(b)(3). IV. Provisions Impacted by Cuba's Removal From County Group E:1 The provisions of the four license exceptions described below contain restrictions that apply to countries in Country Group E:1 or to nationals of those countries. This section describes the restrictions that will no longer apply to Cuba or Cuban nationals as a result of Cuba's removal from Country Group E:1. This rule makes no change to the text of the four license exceptions because the removal of the restrictions results from the removal of Cuba from Country Group E:1 and no changes to the text of the license exceptions are needed. License Exception Servicing and Replacement of Parts and Equipment (RPL) The removal of Cuba from Country Group E:1 implicates only paragraph (a) of License Exception Servicing and Replacement of Parts and Equipment (RPL) in Sec. 740.10 because only paragraph (a), which authorizes export and reexport of one-for-one replacement parts for items previously lawfully exported, is authorized for Cuba in Sec. 746.2 of the EAR. Since Cuba is no longer in Country Group E:1, the following exclusions to License Exception RPL, paragraph (a) no longer apply to Cuba: paragraph (a)(3)(iv), which excludes parts, components, accessories, or attachments to repair ``aircraft'' or commodities controlled for national security (NS) reasons; paragraph (a)(3)(v), which excludes parts, components, accessories, or attachments to repair explosives detection equipment classified under Export Control Classification Number (ECCN) 2A983 or related software classified under ECCN 2D983; and paragraph (a)(3)(vi) which excludes parts, components, accessories, or attachments to repair concealed object detection equipment classified under ECCN 2A984 or related software classified under ECCN 2D984. License Exception Governments, International Organizations, International Inspections Under the Chemical Weapons Convention, and the International Space Station (GOV) Since Cuba is no longer in Country Group E:1, the following restrictions in License Exception GOV (Sec. 740.11) no longer apply to Cuban nationals: Paragraph (a)(2)(iv), which restricts physical or computational access by Country Group E:1 nationals to certain computers for authorized international safeguard use in connection with activities of the International Atomic Energy Agency and the European Atomic Energy Community; paragraph (d)(4), which restricts physical or computational access by Country Group E:1 nationals to certain computers for authorized international inspection and verification use in connection with the activities of the Organization for the Prohibition of Chemical Weapons; and paragraph (e)(7)(i), which precludes export, reexport or transfer (in-country) to Country Group E:1 nationals of items used to support the International Space Station. Additionally, paragraph (e)(8)(iii), which precludes return of parts for the International Space Station to destinations in Country Group E:1, no longer applies to Cuba. License Exception Baggage (BAG) Since Cuba is no longer in Country Group E:1, Sec. 740.14(f)(1), which authorizes certain exports and reexports of encryption commodities and software subject to Encryption Items (EI) controls on the CCL by United States citizens and permanent resident aliens to destinations other than Country Group E:1, and Sec. 740.14(f)(2), which authorizes such exports and reexports by individuals other than nationals of a country in Country Group E:1, no longer apply to Cuba or Cuban nationals. Additionally, Sec. 740.14(g), which authorizes certain exports and reexports of technology by U.S. persons, but excludes in paragraph (g)(4) exports and reexports of encryption technology controlled in ECCN 5E002 to destinations in Country Group E:1, no longer applies to Cuba. License Exception Aircraft, Vessels and Spacecraft (AVS) The removal of Cuba from Country Group E:1 implicates only paragraph (a) of License Exception Aircraft, Vessels and Spacecraft (AVS) in Sec. 740.15 because only paragraph (a), which authorizes aircraft on temporary [[Page 43316]] sojourn, is authorized for Cuba in Sec. 746.2 of the EAR. Since Cuba is no longer in Country Group E:1, Cuba is no longer subject to the following restrictions: Paragraph (a)(1)(i), which prohibits use of AVS for foreign registered aircraft that were transferred to a national of a country in Country Group E:1 while in the United States; Paragraph (a)(1)(ii), which prohibits use of AVS for foreign registered aircraft that are departing the United States for purpose of transfer to a national of a country in Country Group E:1; Paragraph (a)(2)(ii), which prohibits use of AVS for U.S. registered aircraft that are not operating under an Air Carrier Operating Certificate, Commercial Operating Certificate or Air Taxi Operating Certificate from using AVS for temporary sojourns to a country in Country Group E:1; Paragraph (a)(3)(iv), which prohibits principal maintenance in Country Group E:1 or right to control the principal place of maintenance by a national of a country in Country Group E:1; Paragraph (a)(3)(v), which prohibits location of spares in a destination in Country Group E:1; Paragraph (a)(3)(vi), which prohibits changing the place of registration to a destination in Country Group E:1; Paragraph (a)(3)(vii), which prohibits transfer of technology to a national of a country in Country Group E:1; Paragraph (a)(3)(viii), which prohibits aircraft bearing livery, colors or logos of a national of a country in Country Group E:1; and Paragraph (a)(3)(ix), which prohibits flying under a flight number issued to a national of a country in Country Group E:1. V. Provisions Being Amended To Retain Existing Cuba-Related Requirements Although Cuba is removed from Country Group E:1, Cuba is still subject to a comprehensive embargo and, as specified in Sec. 746.2(a) of the EAR, a license is still required to export or reexport to Cuba any item subject to the EAR unless authorized by a license exception. This rule makes the changes described below to retain the applicability of certain provisions and license conditions to Cuba, consistent with the embargo, that would otherwise cease as a result of Cuba's removal from Country Group E:1. While Cuba was in Country Group E:1, a separate reference to Country Group E:2 would have had no effect on exports or reexports to Cuba. With the removal of Cuba from Country Group E:1, it is necessary to explicitly link these provisions and conditions to the embargo. Written Assurance for License Exception Technology and Software Under Restriction (TSR) Before an exporter or reexporter is able to use License Exception Technology and Software under Restriction (TSR) in Sec. 740.6 of the EAR to export or reexport software or technology controlled for national security reasons, the exporter or reexporter must obtain a written assurance from the consignee that the software or technology transferred and its direct product will not be sent to destinations in Country Group D:1 or E:1 or released to nationals thereof. This rule retains that restriction with respect to Cuba by adding Country Group E:2 to those written assurance requirements. The need for a written assurance is appropriate for countries in Country Groups E:1 and E:2. However, until the removal of Cuba from Country Group E:1, listing both country groups would have been redundant. Note that License Exception TSR does not authorize exports or reexports to Cuba because it is not specified in Sec. 746.2(a)(1) of the EAR and because, by its terms, License Exception TSR is available only for destinations in Country Group B, which does not include Cuba. Supplement No. 2 to Part 748--Unique Application and Submission Requirements Supplement No. 2 to Part 748 of the EAR describes information required to be included in license applications for certain specific situations. Paragraph (i)(2)(x) requires that technology intended to accompany any shipment to destinations in Country Group D:1 or E:1 be described in the application. Paragraph (o)(3)(i) requires applicants for licenses to export or reexport national security controlled technology to obtain a written assurance against transfer to destinations in Country Groups D:1 or E:1. This rule adds Country Group E:2 to both paragraphs to continue both requirements with respect to Cuba. Export Clearance Requirements Part 758 of the EAR describes certain export clearance requirements. Section 758.1(b)(1) makes the $2,500 threshold below which most exports need not be filed in the Automated Export System (AES) inapplicable for exports to Country Group E:1 by requiring such filing for exports to Country Group E:1 regardless of value. This rule retains that requirement for exports to Cuba by adding Country Group E:2 to Sec. 758.1(b)(1). Section 758.2(b)(3) makes export to Country Group E:1 grounds for rejecting applications for post-departure filing in AES (i.e., authorization to file after the exporting carrier departs the port of export). This rule retains export to Cuba as a ground for rejection by adding Country Group E:2 to Sec. 758.2(b)(3). License Condition General Order Supplement No. 1 to Part 736 of the EAR contains certain general orders. This rule adds General Order No. 3, which was reserved, to continue all restrictions on transactions with Cuba or Cuban nationals, by reference to Country Group E:1, that are contained in licenses issued prior to July 22, 2015. Certain licenses issued by BIS contain conditions that restrict the export, reexport, or transfer (in-country) to State Sponsors of Terrorism and countries subject to unilateral embargo by reference to Country Group E:1. Many of those restrictions were intended to apply to Cuba, not only as a State Sponsor of Terrorism but also as a country subject to unilateral embargo. However, BIS did not always list both Country Groups E:1 and E:2 in license conditions because, at the time, doing so would have been redundant. This general order applies those conditions to Country Groups E:1 and E:2. Licensees who seek authorization for transactions that are affected by General Order No. 3, may submit license applications that refer to General Order No. 3 and explain the reason for the request in Block 24 of the application. All license applications involving Cuba are reviewed pursuant to the licensing policy in Sec. 746.2(b) of the EAR. ECCN 4A003 This rule adds a reference to Country Group E:2 to the note that immediately follows the control table in ECCN 4A003. That note states that except for destinations in Country Group E:1, no license is required for computers with an Adjusted Peak Performance not exceeding 8.0 weighted teraFLOPS. The addition of Country Group E:2 retains Cuba's status as a destination for which a license is required. Export Administration Act Although the Export Administration Act expired on August 20, 2001, the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013), and as extended by the Notice of August [[Page 43317]] 7, 2014, 79 FR 46959 (August 11, 2014), has continued the Export Administration Regulations in effect under the International Emergency Economic Powers Act. BIS continues to carry out the provisions of the Export Administration Act, as appropriate and to the extent permitted by law, pursuant to Executive Order 13222 as amended by Executive Order 13637. Rulemaking Requirements 1. Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been designated a ``significant regulatory action,'' although not economically significant, under section 3(f) of Executive Order 12866. Accordingly, the rule has been reviewed by the Office of Management and Budget (OMB). 2. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) control number. This rule involves a collection of information approved under OMB control number 0694-0088--Simplified Network Application Processing+ System (SNAP+) and the Multipurpose Export License Application, which are the methods for submitting all license applications, commodity classification requests and similar requests to BIS. The estimated annual total burden of all of those submissions is 31,833 hours. BIS believes that this rule will have no material impact on that burden. To the extent that it has any impact, this rule is likely to reduce the burden for two reasons. First, this rule might reduce the burden because it makes some transactions, primarily temporary sojourns in Cuba of general aviation aircraft, which would otherwise require a license, eligible for a license exception. Second, because this rule raises the percentage of U.S.-origin content that a foreign-made item must have before its export from abroad to Cuba becomes subject to the EAR, it reduces the number of foreign-made items that will need a license from BIS to be exported from abroad to Cuba. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to Jasmeet K. Seehra, Office of Management and Budget, by email at [email protected] or by fax to (202) 395-7285 and to William Arvin at [email protected]. 3. This rule does not contain policies with Federalism implications as that term is defined under Executive Order 13132. 4. The provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public participation, and a delay in effective date, are inapplicable because this regulation involves a military or foreign affairs function of the United States (See 5 U.S.C. 553(a)(1)). This rule is a part of the implementation of the rescission of Cuba's designation as a State Sponsor of Terrorism, which became effective on May 29, 2015. Delay in implementing this rule to obtain public comment would undermine the foreign policy objectives that the rule is intended to implement. Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under 5 U.S.C. 553, or by any other law, the requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. List of Subjects 15 CFR Part 734 Administrative practice and procedure, Exports, Inventions and patents, Research, Science and technology. 15 CFR Parts 736 and 772 Exports. 15 CFR Parts 740, 748, 750, and 758 Administrative practice and procedure, Exports, Reporting and recordkeeping requirements. 15 CFR Part 742 Exports, Terrorism. 15 CFR Parts 746 and 774 Exports, Reporting and recordkeeping requirements. Accordingly, parts 734, 736, 740, 742, 746, 748, 750, 758, 772, and 774 of the Export Administration Regulations (15 CFR parts 730-774) are amended as follows: PART 734--[AMENDED] 0 1. The authority citation for 15 CFR part 734 continues to read as follows: Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013); Notice of August 7, 2014, 79 FR 46959 (August 11, 2014); Notice of November 7, 2014, 79 FR 67035 (November 12, 2014). 0 2. Section 734.4 is amended by revising paragraph (a)(6)(ii) to read as follows: Sec. 734.4 De minimis U.S. content. (a) * * * (6) * * * (ii) There is no de minimis level for foreign-made items that incorporate U.S.-origin 9x515 or ``600 series'' .y items when destined for a country listed in Country Group E:1 or E:2 of Supplement No. 1 to part 740 of the EAR or for the People's Republic of China (PRC). * * * * * PART 736--[AMENDED] 0 3. The authority citation for 15 CFR part 736 continues to read as follows: Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 2151 note; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p. 168; Notice of August 7, 2014, 79 FR 46959 (August 11, 2014); Notice of November 7, 2014, 79 FR 67035 (November 12, 2014); Notice of May 6, 2015, 80 FR 26815 (May 8, 2015). (6) * * * 0 4. Section 736.2 is amended by revising paragraphs (b)(3)(i) and (iii) to read as follows: Sec. 736.2 General prohibitions and determination of applicability. * * * * * (b) * * * (3) General Prohibition Three--Reexport and export from abroad of the foreign-produced direct product of U.S. technology and software (Foreign-Produced Direct Product Reexports)--(i) Country scope of prohibition. You may not, without a license or license exception, reexport any item subject to the scope of this General Prohibition [[Page 43318]] Three to a destination in Country Group D:1, E:1, or E:2 (See Supplement No.1 to part 740 of the EAR). Additionally, you may not, without a license or license exception, reexport or export from abroad any ECCN 0A919 commodities subject to the scope of this General Prohibition Three to a destination in Country Group D:1, D:3, D:4, D:5, E:1, or E:2. * * * * * (iii) Country scope of prohibition for 9x515 or ``600 series'' items. You may not, except as provided in paragraphs (b)(3)(v) or (vi) of this section, reexport or export from abroad without a license any ``600 series'' item subject to the scope of this General Prohibition Three to a destination in Country Groups D:1, D:3, D:4, D:5, E:1, or E:2 (see Supplement No. 1 to part 740 of the EAR). You may not, except as provided in paragraphs (b)(3)(v) or (vi) of this section, reexport or export from abroad without a license any 9x515 item subject to the scope of this General Prohibition Three to a destination in Country Groups D:5, E:1, or E:2 (see Supplement No. 1 to part 740 of the EAR). * * * * * 0 5. Supplement No. 1 to part 736 is amended by revising the heading and paragraph (c) to read as follows: Supplement No. 1 to Part 736--General Orders * * * * * (c) General Order No. 3: General Order No. 3 of July 22, 2015. Certain licenses issued by BIS prior to July 22, 2015 contain conditions that restrict the export, reexport, or transfer (in-country) to or within Country Group E:1 as specified in Supplement No. 1 to part 740 of the EAR. At the time those license were issued, Cuba was in Country Group E:1. Many of those restrictions were intended to apply to Cuba, not only as a State Sponsor of Terrorism but also as a country subject to unilateral embargo. However, BIS did not always list both Country Groups E:1 and E:2 in license conditions because, at the time, doing so would have been redundant. However, with the rescission of Cuba's designation as a State Sponsor of Terrorism and resultant removal from Country Group E:1, continuing those conditions with respect to Cuba is consistent with the embargo. Accordingly, all conditions that apply to Country Group E:1 on licenses issued prior to July 22, 2015 that are in effect on that date, are revised to apply to Country Groups E:1 and E:2 as specified in Supplement No. 1 to part 740 of the EAR. Licensees who seek authorization for transactions that are affected by this General Order No. 3 may submit license applications that refer to General Order No. 3 and explain the reason for the request in Block 24 of the application. All license applications involving Cuba are reviewed pursuant to the licensing policy in Sec. 746.2(b) of the EAR. The request should provide any available information in support of the argument that the transaction would be consistent with the licensing policy in Sec. 746.2(b) of the EAR. * * * * * PART 740--[AMENDED] 0 6. The authority citation for 15 CFR part 740 continues to read as follows: Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2014, 79 FR 46959 (August 11, 2014). Sec. 740.6 [Amended] 0 7. Section 740.6 is amended by removing the phrase ``D:1 or E:1'' wherever it appears in paragraphs (a)(1) and (2) and adding in its place the phrase ``D:1, E:1, or E:2''. Supplement No. 1 to Part 740 [Amended] 0 8. Supplement No. 1 to part 740 is amended by removing the ``X'' from the row for Cuba in the E:1 column of the ``Country Group E'' table. PART 742--[AMENDED] 0 9. The authority citation for 15 CFR part 742 continues to read as follows: Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; Notice of August 7, 2014, 79 FR 46959 (August 11, 2014); Notice of November 7, 2014, 79 FR 67035 (November 12, 2014). Sec. 742.1 [Amended] 0 10. Section 742.1 is amended by removing the word ``Cuba'' and the comma that follows it from each place that it appears in paragraph (d). Supplement No. 2 to Part 742 [Amended] 0 11. Supplement No. 2 to part 742 is amended by removing the word ``Cuba'' and the comma that follows it from paragraphs (a) and (b)(1). PART 746--[AMENDED] 0 12. The authority citation for 15 CFR part 746 continues to read as follows: Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C. 6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p 168; Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; Presidential Determination 2007-7 of December 7, 2006, 72 FR 1899 (January 16, 2007); Notice of August 7, 2014, 79 FR 46959 (August 11, 2014); Notice of May 6, 2015, 80 FR 26815 (May 8, 2015). 0 13. Section 746.2 is amended by: 0 a. Removing paragraph (b)(3); 0 b. Redesignating paragraphs (b)(4), (5), and (6) as paragraphs (b)(3), (4), and (5), respectively; 0 c. Removing the phrase ``or counter-terrorism'' from the first sentence of newly designated paragraph (b)(3)(i); 0 d. Removing paragraph (c); 0 e. Redesignating paragraphs (d) and (e) as paragraphs (c) and (d), respectively; and 0 f. Revising newly designated paragraph (d). The revision to read as follows: Sec. 746.2 Cuba. * * * * * (d) Related controls. OFAC maintains controls on the activities of persons subject to U.S. jurisdiction, wherever located, involving transactions with Cuba or any Cuban national, as provided in 31 CFR part 515. Exporters and reexporters should consult with OFAC for further guidance on its related controls. PART 748--[AMENDED] 0 14. The authority citation for 15 CFR part 748 continues to read as follows: Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2014, 79 FR 46959 (August 11, 2014). Supplement No. 2 to Part 748 [Amended] 0 15. Supplement No. 2 to part 748 is amended by removing the phrase ``Country Group D:1 or E:1'' wherever it appears in paragraphs (i)(2)(x) and (o)(3)(i) and adding in its place the phrase ``Country Group D:1, E:1, or E:2''. [[Page 43319]] PART 750--[AMENDED] 0 16. The authority citation for 15 CFR part 750 continues to read as follows: Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; Sec 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013); Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; Notice of August 7, 2014, 79 FR 46959 (August 11, 2014). Sec. 750.4 [Amended] 0 17. Section 750.4 is amended by removing the word ``Cuba'' and the comma immediately following it from paragraph (b)(6)(i). PART 758--[AMENDED] 0 18. The authority citation for 15 CFR part 758 continues to read as follows: Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2014, 79 FR 46959 (August 11, 2014). Sec. 758.1 [Amended] 0 19. Section 758.1 is amended by adding the phrase ``or E:2'' immediately following the phrase ``Country Group E:1'' in paragraph (b)(1). Sec. 758.2 [Amended] 0 20. Section 758.2 is amended by adding the phrase ``or E:2'' immediately following the phrase ``Country Group E:1'' in paragraph (b)(3). PART 772--[AMENDED] 0 21. The authority citation for 15 CFR part 772 continues to read as follows: Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2014, 79 FR 46959 (August 11, 2014). Sec. 772.1 [Amended] 0 22. Section 772.1 is amended by removing the word ``Cuba'' and the comma that follows it from the definition of ``Countries supporting international terrorism.'' PART 774--[AMENDED] 0 23. The authority citation for 15 CFR part 774 continues to read as follows: Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2014, 79 FR 46959 (August 11, 2014). 0 24. In supplement No. 1 to part 774 (The Commerce Control List), Export Control Classification Number (ECCN) 1C350 is amended by revising second paragraph that follows the License Requirements table to read as follows: Supplement No. 1 to Part 774--The Commerce Control List * * * * * 1C350 Chemicals that may be used as precursors for toxic chemical agents (see List of Items Controlled). License Requirements * * * * * AT applies to entire entry. The Commerce Country Chart is not designed to determine licensing requirements for items controlled for AT reasons in 1C350. A license is required, for AT reasons, to export or reexport items controlled by 1C350 to a country in Country Group E:1 of Supplement No. 1 to part 740 of the EAR. (See part 742 of the EAR for additional information on the AT controls that apply to Iran, North Korea, Sudan, and Syria. See part 746 of the EAR for additional information on sanctions that apply to Iran, North Korea, and Syria.) * * * * * 0 25. In supplement No. 1 to part 774, ECCN 1C355 is amended by revising the second ``Control(s)'' paragraph to read as follows: 1C355 Chemical Weapons Convention (CWC) Schedule 2 and 3 chemicals and families of chemicals not controlled by ECCN 1C350 or ``subject to the ITAR'' (see 22 CFR parts 120 through 130) (see List of Items Controlled). License Requirements * * * * * Control(s): * * * AT applies to entire entry. The Commerce Country Chart is not designed to determine licensing requirements for items controlled for AT reasons in 1C350. A license is required, for AT reasons, to export or reexport items controlled by 1C350 to a country in Country Group E:1 of Supplement No. 1 to part 740 of the EAR. (See part 742 of the EAR for additional information on the AT controls that apply to Iran, North Korea, Sudan, and Syria. See part 746 of the EAR for additional information on sanctions that apply to Iran, North Korea, and Syria.) * * * * * 0 26. In supplement No. 1 to part 774, ECCN 1C395 is amended by revising the third ``Control(s)'' paragraph to read as follows: 1C395 Mixtures and Medical, Analytical, Diagnostic, and Food Testing Kits Not Controlled by ECCN 1C350, as follows (See List of Items Controlled). License Requirements * * * * * Control(s): * * * AT applies to entire entry. The Commerce Country Chart is not designed to determine licensing requirements for items controlled for AT reasons in 1C395. A license is required, for AT reasons, to export or reexport items controlled by 1C395 to a country in Country Group E:1 of Supplement No. 1 to part 740 of the EAR. (See part 742 of the EAR for additional information on the AT controls that apply to Iran, North Korea, Sudan, and Syria. See part 746 of the EAR for additional information on sanctions that apply to Iran, North Korea, and Syria.) * * * * * 0 27. In supplement No. 1 to part 774, ECCN 2A994 is amended by revising the ``Control(s)'' paragraph to read as follows: 2A994 Portable electric generators and ``specially designed'' ``parts'' and ``components.'' * * * * * Control(s): AT applies to entire entry. A license is required for items controlled by this entry to Iran and North Korea. The Commerce Country Chart is not designed to determine licensing requirements for this entry. See part 746 of the EAR for additional information on Iran. See Sec. 742.19 of the EAR for additional information on North Korea. * * * * * 0 28. In supplement No. 1 to part 774, ECCN 2D994 is amended by revising the ``Control(s)'' paragraph to read as follows: 2D994 ``Software'' ``specially designed'' for the ``development'' or ``production'' of portable electric generators controlled by 2A994. License Requirements * * * * * Control(s): AT applies to entire entry. A license is required for items controlled by this entry to Iran and North Korea for anti-terrorism reasons. The Commerce Country Chart is not designed to determine licensing requirements for this entry. See part 746 of the EAR for additional information on Iran. See Sec. 742.19 of the EAR for additional information on North Korea. * * * * * [[Page 43320]] 0 29. In supplement No. 1 to part 774, ECCN 2E994 is amended by revising the ``Control(s)'' paragraph to read as follows: 2E994 ``Technology'' for the ``use'' of portable electric generators controlled by 2A994. License Requirements * * * * * Control(s): AT applies to entire entry. A license is required for items controlled by this entry to Iran and North Korea for anti-terrorism reasons. The Commerce Country Chart is not designed to determine licensing requirements for this entry. See part 746 of the EAR for additional information on Iran. See Sec. 742.19 of the EAR for additional information on North Korea. * * * * * ECCN 4A001--[Amended] 0 30. In supplement No. 1 to part 774, ECCN 4A003 is amended by adding the phrase ``or E:2'' immediately following the phrase ``Country Group E:1'' in the note that immediately follows the License Requirements table. Dated: July 17, 2015. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2015-17981 Filed 7-21-15; 8:45 am] BILLING CODE 3510-33-P
![43314 Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Rules and Regulations
DEPARTMENT OF COMMERCE to Cuba unless authorized by a license Cuba should no longer be designated as
exception. The Bureau of Industry and a State Sponsors of Terrorism. On April
Bureau of Industry and Security Security (BIS) administers export and 14, 2015, the President submitted to
reexport restrictions on Cuba consistent Congress the statutorily required report
15 CFR Parts 734, 736, 740, 742, 746, with the goals of that embargo and with indicating the Administration’s intent to
748, 750, 758, 772, and 774 relevant law. Accordingly, BIS may rescind Cuba’s State Sponsor of
[Docket No. 150416374–5374–01] issue specific or general authorizations Terrorism designation, including the
in the form of licenses or license certification that Cuba has not provided
RIN 0694–AG60 exceptions for transactions that support any support for international terrorism
the goals of United States policy while during the previous six months; and
Cuba: Implementing Rescission of the embargo remains in effect. that Cuba has provided assurances that
State Sponsor of Terrorism On December 17, 2014, the President it will not support acts of international
Designation announced that the United States is terrorism in the future. The Secretary of
AGENCY: Bureau of Industry and taking steps to chart a new course in State then made the final decision to
Security, Commerce. bilateral relations with Cuba and to rescind Cuba’s designation as a State
ACTION: Final rule.
further engage and empower the Cuban Sponsor of Terrorism, which was
people. As one of these steps, the effective on May 29, 2015. Accordingly,
SUMMARY: This rule amends the Export President directed the Secretary of State this rule removes references to Cuba as
Administration Regulations (EAR) to to review Cuba’s designation as a State a State Sponsor of Terrorism and
implement the rescission of Cuba’s Sponsor of Terrorism and provide a removes anti-terrorism (AT) controls
designation as a State Sponsor of report to the President within six from Cuba.
Terrorism. Specifically, this rule months. Cuba was designated as a State However, Cuba is still subject to a
removes anti-terrorism (AT) license Sponsor of Terrorism in 1982. Pursuant comprehensive embargo and, as
requirements from Cuba and eliminates to Sections 6(a) and 6(j) of the Export specified in § 746.2(a) of the EAR, a
references to Cuba as a State Sponsor of Administration Act of 1979, as amended license is still required to export or
Terrorism, but maintains preexisting (EAA), State Sponsors of Terrorism are reexport to Cuba any item subject to the
license requirements for all items subject to anti-terrorism (AT) controls EAR unless authorized by a license
subject to the EAR unless authorized by and certain other restrictions in the exception. Only those license
a license exception. This rule also EAR. Once designated, a country exceptions listed in § 746.2(a) may be
removes Cuba from Country Group E:1 remains a State Sponsor of Terrorism used to export or reexport to Cuba.
(terrorist supporting countries), which until its designation is rescinded in These requirements of § 746.2(a) apply
makes Cuba eligible for a general 25 accordance with the relevant statutes to all items subject to the EAR,
percent de minimis level and portions of (Section 6(j) of the EAA; Section 40 of including EAR99 items and items that
four license exceptions. The Secretary of the Arms Export Control Act of 1976, as are controlled on the Commerce Control
State rescinded the designation of Cuba amended; and Section 620A of the List (CCL) only for AT reasons.
as a State Sponsor of Terrorism on May Foreign Assistance Act of 1961, as
amended). II. Removal of Anti-Terrorism Controls
29, 2015. and Text Associating Cuba With
There are two possible paths to
DATES: This rule is effective July 22, Terrorism
rescission of a State Sponsor of
2015.
Terrorism designation under the This rule removes:
FOR FURTHER INFORMATION CONTACT: relevant statutes. The first requires the • The reference to ‘‘counter-
Foreign Policy Division, Office of President to submit a report to Congress terrorism’’ from the licensing policy that
Nonproliferation and Treaty before the proposed rescission would applies to certain exports intended to
Compliance, Bureau of Industry and take effect certifying that (1) there has provide support for the Cuban people
Security, Phone: (202) 482–4252. been a fundamental change in the that appears in § 746.2(b)(4)(i) (which
SUPPLEMENTARY INFORMATION: leadership and policies of the will be redesignated as § 746.2(b)(3)(i));
Contents
government of the country concerned, • § 746.2(c), which identifies Cuba as
(2) the government is not supporting a country whose government has
I. Background acts of international terrorism, and (3) repeatedly provided support for acts of
II. Removal of Anti-Terrorism Controls and the government has provided assurances international terrorism;
Text Associating Cuba With Terrorism that it will not support acts of • the references to ‘‘terrorism’’ and
III. Jurisdiction—Items That Are Subject to international terrorism in the future. ‘‘state sponsors of terrorism’’ from
the Ear The second path requires that the § 746.2(e), which describes the license
A. Items With More Than de minimis President submit a report to Congress, at requirements regarding Cuba of the U.S.
Controlled U.S. Origin Content least 45 days before the proposed Department of the Treasury, Office of
B. Items That Are the Direct Product of rescission would take effect, justifying Foreign Assets Control and the U.S.
U.S.-Origin National Security
the rescission and certifying the subject Department of State; and
Technology or Software
IV. Provisions Impacted by Cuba’s Removal government has not provided any • the word ‘‘Cuba’’ from the
From County Group E:1 support for international terrorism for statements of anti-terrorism license
V. Provisions Being Amended To Retain the preceding six-month period and has requirements in Export Control
Existing Cuba-Related Requirements given assurances that it will not support Classification Numbers 1C350, 1C355,
acts of international terrorism in the 1C395, 2A994, 2D994 and 2E994.
I. Background future. The rescission of Cuba’s This rule also removes Cuba from the
Lhorne on DSK7TPTVN1PROD with RULES
The United States maintains a designation was done consistent with following provisions, which list
comprehensive embargo on trade with the second path. countries that have been designated as
Cuba. Pursuant to that embargo, all On April 8, 2015, the Secretary of State Sponsors of Terrorism or that have
items that are subject to the Export State completed the review requested by repeatedly supported acts of
Administration Regulations (EAR) the President and submitted his analysis international terrorism: § 742.1(d);
require a license for export or reexport to the President recommending that Supplement No. 2 to part 742,
VerDate Sep<11>2014 15:06 Jul 21, 2015 Jkt 235001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\22JYR1.SGM 22JYR1](https://thefederalregister.org/doc/80_FR_43454/page/1.svg)
![Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Rules and Regulations 43317
7, 2014, 79 FR 46959 (August 11, 2014), Cuba becomes subject to the EAR, it Export Administration Regulations (15
has continued the Export reduces the number of foreign-made CFR parts 730–774) are amended as
Administration Regulations in effect items that will need a license from BIS follows:
under the International Emergency to be exported from abroad to Cuba.
Economic Powers Act. BIS continues to Send comments regarding this burden PART 734—[AMENDED]
carry out the provisions of the Export estimate or any other aspect of this
Administration Act, as appropriate and ■ 1. The authority citation for 15 CFR
collection of information, including
to the extent permitted by law, pursuant part 734 continues to read as follows:
suggestions for reducing the burden, to
to Executive Order 13222 as amended Jasmeet K. Seehra, Office of Authority: 50 U.S.C. app. 2401 et seq.; 50
by Executive Order 13637. Management and Budget, by email at U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099,
3 CFR, 1994 Comp., p. 950; E.O. 13020, 61
Rulemaking Requirements jseehra@omb.eop.gov or by fax to (202)
FR 54079, 3 CFR, 1996 Comp., p. 219; E.O.
395–7285 and to William Arvin at 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
1. Executive Orders 13563 and 12866 william.arvin@bis.doc.gov. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
direct agencies to assess all costs and 3. This rule does not contain policies Comp., p. 783; E.O. 13637 of March 8, 2013,
benefits of available regulatory with Federalism implications as that 78 FR 16129 (March 13, 2013); Notice of
alternatives and, if regulation is term is defined under Executive Order August 7, 2014, 79 FR 46959 (August 11,
necessary, to select regulatory 13132. 2014); Notice of November 7, 2014, 79 FR
approaches that maximize net benefits 4. The provisions of the 67035 (November 12, 2014).
(including potential economic, Administrative Procedure Act (5 U.S.C.
environmental, public health and safety ■ 2. Section 734.4 is amended by
553) requiring notice of proposed revising paragraph (a)(6)(ii) to read as
effects, distributive impacts, and rulemaking, the opportunity for public
equity). Executive Order 13563 follows:
participation, and a delay in effective
emphasizes the importance of date, are inapplicable because this § 734.4 De minimis U.S. content.
quantifying both costs and benefits, of regulation involves a military or foreign (a) * * *
reducing costs, of harmonizing rules, affairs function of the United States (See (6) * * *
and of promoting flexibility. This rule 5 U.S.C. 553(a)(1)). This rule is a part of (ii) There is no de minimis level for
has been designated a ‘‘significant the implementation of the rescission of foreign-made items that incorporate
regulatory action,’’ although not Cuba’s designation as a State Sponsor of U.S.-origin 9x515 or ‘‘600 series’’ .y
economically significant, under section Terrorism, which became effective on items when destined for a country listed
3(f) of Executive Order 12866. in Country Group E:1 or E:2 of
May 29, 2015. Delay in implementing
Accordingly, the rule has been reviewed Supplement No. 1 to part 740 of the
this rule to obtain public comment
by the Office of Management and EAR or for the People’s Republic of
would undermine the foreign policy
Budget (OMB). China (PRC).
2. Notwithstanding any other objectives that the rule is intended to
provision of law, no person is required implement. Further, no other law * * * * *
to respond to, nor shall any person be requires that a notice of proposed
rulemaking and an opportunity for PART 736—[AMENDED]
subject to a penalty for failure to comply
with, a collection of information subject public comment be given for this rule.
■ 3. The authority citation for 15 CFR
to the requirements of the Paperwork Because a notice of proposed
part 736 continues to read as follows:
Reduction Act of 1995 (44 U.S.C. 3501 rulemaking and an opportunity for
public comment are not required to be Authority: 50 U.S.C. app. 2401 et seq.; 50
et seq.) (PRA), unless that collection of U.S.C. 1701 et seq.; 22 U.S.C. 2151 note; E.O.
information displays a currently valid given for this rule under 5 U.S.C. 553,
or by any other law, the requirements of 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
Office of Management and Budget 950; E.O. 13020, 61 FR 54079, 3 CFR, 1996
(OMB) control number. This rule the Regulatory Flexibility Act (5 U.S.C. Comp., p. 219; E.O. 13026, 61 FR 58767, 3
involves a collection of information 601 et seq.) are not applicable. CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR
approved under OMB control number List of Subjects 44025, 3 CFR, 2001 Comp., p. 783; E.O.
0694–0088—Simplified Network 13338, 69 FR 26751, 3 CFR, 2004 Comp., p.
Application Processing+ System 15 CFR Part 734 168; Notice of August 7, 2014, 79 FR 46959
(SNAP+) and the Multipurpose Export (August 11, 2014); Notice of November 7,
Administrative practice and 2014, 79 FR 67035 (November 12, 2014);
License Application, which are the procedure, Exports, Inventions and Notice of May 6, 2015, 80 FR 26815 (May 8,
methods for submitting all license patents, Research, Science and 2015).
applications, commodity classification technology. (6) * * *
requests and similar requests to BIS. ■ 4. Section 736.2 is amended by
The estimated annual total burden of all 15 CFR Parts 736 and 772
revising paragraphs (b)(3)(i) and (iii) to
of those submissions is 31,833 hours. Exports. read as follows:
BIS believes that this rule will have no
material impact on that burden. To the 15 CFR Parts 740, 748, 750, and 758
§ 736.2 General prohibitions and
extent that it has any impact, this rule Administrative practice and determination of applicability.
is likely to reduce the burden for two procedure, Exports, Reporting and * * * * *
reasons. First, this rule might reduce the recordkeeping requirements. (b) * * *
burden because it makes some (3) General Prohibition Three—
15 CFR Part 742
transactions, primarily temporary Reexport and export from abroad of the
sojourns in Cuba of general aviation Exports, Terrorism. foreign-produced direct product of U.S.
Lhorne on DSK7TPTVN1PROD with RULES
aircraft, which would otherwise require 15 CFR Parts 746 and 774 technology and software (Foreign-
a license, eligible for a license Produced Direct Product Reexports)—(i)
exception. Second, because this rule Exports, Reporting and recordkeeping Country scope of prohibition. You may
raises the percentage of U.S.-origin requirements. not, without a license or license
content that a foreign-made item must Accordingly, parts 734, 736, 740, 742, exception, reexport any item subject to
have before its export from abroad to 746, 748, 750, 758, 772, and 774 of the the scope of this General Prohibition
VerDate Sep<11>2014 15:06 Jul 21, 2015 Jkt 235001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\22JYR1.SGM 22JYR1](https://thefederalregister.org/doc/80_FR_43454/page/4.svg)
![43318 Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Rules and Regulations
Three to a destination in Country Group for transactions that are affected by this and the comma that follows it from
D:1, E:1, or E:2 (See Supplement No.1 to General Order No. 3 may submit license paragraphs (a) and (b)(1).
part 740 of the EAR). Additionally, you applications that refer to General Order
may not, without a license or license No. 3 and explain the reason for the PART 746—[AMENDED]
exception, reexport or export from request in Block 24 of the application.
abroad any ECCN 0A919 commodities All license applications involving Cuba ■ 12. The authority citation for 15 CFR
subject to the scope of this General are reviewed pursuant to the licensing part 746 continues to read as follows:
Prohibition Three to a destination in policy in § 746.2(b) of the EAR. The Authority: 50 U.S.C. app. 2401 et seq.; 50
Country Group D:1, D:3, D:4, D:5, E:1, or request should provide any available U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503,
E:2. information in support of the argument Pub. L. 108–11, 117 Stat. 559; 22 U.S.C. 6004;
that the transaction would be consistent 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
* * * * * 12854, 58 FR 36587, 3 CFR, 1993 Comp., p.
(iii) Country scope of prohibition for with the licensing policy in § 746.2(b) of 614; E.O. 12918, 59 FR 28205, 3 CFR, 1994
9x515 or ‘‘600 series’’ items. You may the EAR. Comp., p. 899; E.O. 13222, 66 FR 44025, 3
not, except as provided in paragraphs * * * * * CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR
(b)(3)(v) or (vi) of this section, reexport 26751, 3 CFR, 2004 Comp., p 168;
or export from abroad without a license PART 740—[AMENDED] Presidential Determination 2003–23 of May
any ‘‘600 series’’ item subject to the 7, 2003, 68 FR 26459, May 16, 2003;
scope of this General Prohibition Three ■ 6. The authority citation for 15 CFR Presidential Determination 2007–7 of
to a destination in Country Groups D:1, part 740 continues to read as follows: December 7, 2006, 72 FR 1899 (January 16,
2007); Notice of August 7, 2014, 79 FR 46959
D:3, D:4, D:5, E:1, or E:2 (see Authority: 50 U.S.C. app. 2401 et seq.; 50
(August 11, 2014); Notice of May 6, 2015, 80
Supplement No. 1 to part 740 of the U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.;
FR 26815 (May 8, 2015).
EAR). You may not, except as provided E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp.,
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 ■ 13. Section 746.2 is amended by:
in paragraphs (b)(3)(v) or (vi) of this
section, reexport or export from abroad Comp., p. 783; Notice of August 7, 2014, 79 ■ a. Removing paragraph (b)(3);
FR 46959 (August 11, 2014). ■ b. Redesignating paragraphs (b)(4), (5),
without a license any 9x515 item
subject to the scope of this General and (6) as paragraphs (b)(3), (4), and (5),
§ 740.6 [Amended]
Prohibition Three to a destination in respectively;
■ 7. Section 740.6 is amended by ■ c. Removing the phrase ‘‘or counter-
Country Groups D:5, E:1, or E:2 (see removing the phrase ‘‘D:1 or E:1’’
Supplement No. 1 to part 740 of the terrorism’’ from the first sentence of
wherever it appears in paragraphs (a)(1) newly designated paragraph (b)(3)(i);
EAR). and (2) and adding in its place the ■ d. Removing paragraph (c);
* * * * * phrase ‘‘D:1, E:1, or E:2’’. ■ e. Redesignating paragraphs (d) and
■ 5. Supplement No. 1 to part 736 is
Supplement No. 1 to Part 740 (e) as paragraphs (c) and (d),
amended by revising the heading and respectively; and
paragraph (c) to read as follows: [Amended]
■ f. Revising newly designated
Supplement No. 1 to Part 736—General ■ 8. Supplement No. 1 to part 740 is paragraph (d).
Orders amended by removing the ‘‘X’’ from the The revision to read as follows:
row for Cuba in the E:1 column of the
* * * * * ‘‘Country Group E’’ table. § 746.2 Cuba.
(c) General Order No. 3: * * * * *
General Order No. 3 of July 22, 2015. PART 742—[AMENDED] (d) Related controls. OFAC maintains
Certain licenses issued by BIS prior to
controls on the activities of persons
July 22, 2015 contain conditions that ■ 9. The authority citation for 15 CFR subject to U.S. jurisdiction, wherever
restrict the export, reexport, or transfer part 742 continues to read as follows: located, involving transactions with
(in-country) to or within Country Group Authority: 50 U.S.C. app. 2401 et seq.; 50 Cuba or any Cuban national, as
E:1 as specified in Supplement No. 1 to U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; provided in 31 CFR part 515. Exporters
part 740 of the EAR. At the time those 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 and reexporters should consult with
license were issued, Cuba was in U.S.C. 7210; Sec. 1503, Pub. L. 108–11, 117
OFAC for further guidance on its related
Country Group E:1. Many of those Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, controls.
restrictions were intended to apply to
Cuba, not only as a State Sponsor of 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. PART 748—[AMENDED]
Terrorism but also as a country subject
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
to unilateral embargo. However, BIS did 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 ■ 14. The authority citation for 15 CFR
not always list both Country Groups E:1 Comp., p. 783; Presidential Determination part 748 continues to read as follows:
and E:2 in license conditions because, at 2003–23 of May 7, 2003, 68 FR 26459, May Authority: 50 U.S.C. app. 2401 et seq.; 50
the time, doing so would have been 16, 2003; Notice of August 7, 2014, 79 FR U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767,
redundant. However, with the rescission 46959 (August 11, 2014); Notice of November 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
of Cuba’s designation as a State Sponsor 7, 2014, 79 FR 67035 (November 12, 2014). FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of Terrorism and resultant removal from of August 7, 2014, 79 FR 46959 (August 11,
§ 742.1 [Amended] 2014).
Country Group E:1, continuing those
conditions with respect to Cuba is ■ 10. Section 742.1 is amended by
Supplement No. 2 to Part 748
consistent with the embargo. removing the word ‘‘Cuba’’ and the
[Amended]
Accordingly, all conditions that apply to comma that follows it from each place
Lhorne on DSK7TPTVN1PROD with RULES
Country Group E:1 on licenses issued that it appears in paragraph (d). ■ 15. Supplement No. 2 to part 748 is
prior to July 22, 2015 that are in effect Supplement No. 2 to Part 742 amended by removing the phrase
on that date, are revised to apply to [Amended] ‘‘Country Group D:1 or E:1’’ wherever it
Country Groups E:1 and E:2 as specified appears in paragraphs (i)(2)(x) and
in Supplement No. 1 to part 740 of the ■11. Supplement No. 2 to part 742 is (o)(3)(i) and adding in its place the
EAR. Licensees who seek authorization amended by removing the word ‘‘Cuba’’ phrase ‘‘Country Group D:1, E:1, or E:2’’.
VerDate Sep<11>2014 15:06 Jul 21, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\22JYR1.SGM 22JYR1](https://thefederalregister.org/doc/80_FR_43454/page/5.svg)
![Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Rules and Regulations 43319
PART 750—[AMENDED] Comp., p. 783; Notice of August 7, 2014, 79 1C395 Mixtures and Medical, Analytical,
FR 46959 (August 11, 2014). Diagnostic, and Food Testing Kits Not
■ 16. The authority citation for 15 CFR ■ 24. In supplement No. 1 to part 774 Controlled by ECCN 1C350, as follows (See
part 750 continues to read as follows: (The Commerce Control List), Export List of Items Controlled).
Authority: 50 U.S.C. app. 2401 et seq.; 50 Control Classification Number (ECCN) License Requirements
U.S.C. 1701 et seq.; Sec 1503, Pub. L. 108– 1C350 is amended by revising second
11, 117 Stat. 559; E.O. 13026, 61 FR 58767, paragraph that follows the License * * * * *
3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 Requirements table to read as follows: Control(s): * * *
FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. AT applies to entire entry. The
13637 of March 8, 2013, 78 FR 16129 (March Supplement No. 1 to Part 774—The Commerce Country Chart is not
13, 2013); Presidential Determination 2003– Commerce Control List designed to determine licensing
23 of May 7, 2003, 68 FR 26459, May 16, * * * * * requirements for items controlled for AT
2003; Notice of August 7, 2014, 79 FR 46959 reasons in 1C395. A license is required,
(August 11, 2014). 1C350 Chemicals that may be used as for AT reasons, to export or reexport
precursors for toxic chemical agents items controlled by 1C395 to a country
§ 750.4 [Amended] (see List of Items Controlled). in Country Group E:1 of Supplement
■ 17. Section 750.4 is amended by License Requirements No. 1 to part 740 of the EAR. (See part
removing the word ‘‘Cuba’’ and the 742 of the EAR for additional
comma immediately following it from * * * * *
AT applies to entire entry. The information on the AT controls that
paragraph (b)(6)(i). apply to Iran, North Korea, Sudan, and
Commerce Country Chart is not
PART 758—[AMENDED] designed to determine licensing Syria. See part 746 of the EAR for
requirements for items controlled for AT additional information on sanctions that
■ 18. The authority citation for 15 CFR reasons in 1C350. A license is required, apply to Iran, North Korea, and Syria.)
part 758 continues to read as follows: for AT reasons, to export or reexport * * * * *
Authority: 50 U.S.C. app. 2401 et seq.; 50 items controlled by 1C350 to a country ■ 27. In supplement No. 1 to part 774,
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, in Country Group E:1 of Supplement ECCN 2A994 is amended by revising the
3 CFR, 2001 Comp., p. 783; Notice of August No. 1 to part 740 of the EAR. (See part ‘‘Control(s)’’ paragraph to read as
7, 2014, 79 FR 46959 (August 11, 2014). 742 of the EAR for additional follows:
§ 758.1 [Amended]
information on the AT controls that
apply to Iran, North Korea, Sudan, and 2A994 Portable electric generators and
■ 19. Section 758.1 is amended by Syria. See part 746 of the EAR for ‘‘specially designed’’ ‘‘parts’’ and
adding the phrase ‘‘or E:2’’ immediately additional information on sanctions that ‘‘components.’’
following the phrase ‘‘Country Group apply to Iran, North Korea, and Syria.) * * * * *
E:1’’ in paragraph (b)(1). * * * * * Control(s): AT applies to entire entry. A
§ 758.2 [Amended] ■ 25. In supplement No. 1 to part 774, license is required for items
ECCN 1C355 is amended by revising the controlled by this entry to Iran and
■ 20. Section 758.2 is amended by
second ‘‘Control(s)’’ paragraph to read North Korea. The Commerce Country
adding the phrase ‘‘or E:2’’ immediately
as follows: Chart is not designed to determine
following the phrase ‘‘Country Group
licensing requirements for this entry.
E:1’’ in paragraph (b)(3). 1C355 Chemical Weapons Convention
(CWC) Schedule 2 and 3 chemicals and See part 746 of the EAR for additional
PART 772—[AMENDED] families of chemicals not controlled by information on Iran. See § 742.19 of
ECCN 1C350 or ‘‘subject to the ITAR’’ (see the EAR for additional information on
■ 21. The authority citation for 15 CFR 22 CFR parts 120 through 130) (see List of North Korea.
part 772 continues to read as follows: Items Controlled). * * * * *
Authority: 50 U.S.C. app. 2401 et seq.; 50 License Requirements ■ 28. In supplement No. 1 to part 774,
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, ECCN 2D994 is amended by revising the
3 CFR, 2001 Comp., p. 783; Notice of August * * * * * ‘‘Control(s)’’ paragraph to read as
7, 2014, 79 FR 46959 (August 11, 2014). Control(s): * * *
AT applies to entire entry. The follows:
§ 772.1 [Amended] Commerce Country Chart is not 2D994 ‘‘Software’’ ‘‘specially designed’’ for
■ 22. Section 772.1 is amended by designed to determine licensing the ‘‘development’’ or ‘‘production’’ of
removing the word ‘‘Cuba’’ and the requirements for items controlled for AT portable electric generators controlled by
comma that follows it from the reasons in 1C350. A license is required, 2A994.
definition of ‘‘Countries supporting for AT reasons, to export or reexport
License Requirements
international terrorism.’’ items controlled by 1C350 to a country
in Country Group E:1 of Supplement * * * * *
PART 774—[AMENDED] No. 1 to part 740 of the EAR. (See part Control(s): AT applies to entire entry. A
742 of the EAR for additional license is required for items
■ 23. The authority citation for 15 CFR information on the AT controls that controlled by this entry to Iran and
part 774 continues to read as follows: apply to Iran, North Korea, Sudan, and North Korea for anti-terrorism
Authority: 50 U.S.C. app. 2401 et seq.; 50 Syria. See part 746 of the EAR for reasons. The Commerce Country
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. additional information on sanctions that Chart is not designed to determine
Lhorne on DSK7TPTVN1PROD with RULES
7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et apply to Iran, North Korea, and Syria.) licensing requirements for this entry.
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); * * * * * See part 746 of the EAR for additional
42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. information on Iran. See § 742.19 of
1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 ■ 26. In supplement No. 1 to part 774,
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. ECCN 1C395 is amended by revising the the EAR for additional information on
13026, 61 FR 58767, 3 CFR, 1996 Comp., p. third ‘‘Control(s)’’ paragraph to read as North Korea.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 follows: * * * * *
VerDate Sep<11>2014 15:06 Jul 21, 2015 Jkt 235001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\22JYR1.SGM 22JYR1](https://thefederalregister.org/doc/80_FR_43454/page/6.svg)
![43320 Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Rules and Regulations
■ 29. In supplement No. 1 to part 774, the accuracy of the regulations. This FOR FURTHER INFORMATION CONTACT:
ECCN 2E994 is amended by revising the document confirms the effective date of Brian McCarthy, Office of Regulatory
‘‘Control(s)’’ paragraph to read as the direct final rule. and Administrative Affairs (10B4),
follows: DATES: Effective date of the final rule Veterans Health Administration,
published in the Federal Register of Department of Veterans Affairs, 810
2E994 ‘‘Technology’’ for the ‘‘use’’ of April 13, 2015 (80 FR 19530), Vermont Ave. NW., Washington, DC
portable electric generators controlled by 20420, (202) 461–6345. (This is not a
2A994.
confirmed: August 26, 2015.
FOR FURTHER INFORMATION CONTACT:
toll-free telephone number.)
License Requirements Scott Gonzalez, Center for Devices and SUPPLEMENTARY INFORMATION: The Office
Radiological Health, Food and Drug of Management and Budget (OMB) is
* * * * * streamlining the Federal government’s
Control(s): AT applies to entire entry. A Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 4641, Silver Spring, guidance on Administrative
license is required for items Requirements, Cost Principles, and
controlled by this entry to Iran and MD 20993–0002, 301–796–5889.
Audit Requirements for Federal awards.
North Korea for anti-terrorism SUPPLEMENTARY INFORMATION: In the
In a document published in the Federal
reasons. The Commerce Country Federal Register of April 13, 2015 (80
Register on December 26, 2013 (78 FR
Chart is not designed to determine FR 19530), FDA solicited comments
78590), OMB adopted final guidance,
licensing requirements for this entry. concerning the direct final rule for a 75-
Uniform Administrative Requirements,
See part 746 of the EAR for additional day period ending June 29, 2015. We
Cost Principles, and Audit
information on Iran. See § 742.19 of stated that the effective date of the
Requirements for Federal Awards
the EAR for additional information on direct final rule would be on August 26,
(Uniform Guidance), that supersedes
North Korea. 2015, 30 days after the end of the and streamlines requirements from
* * * * * comment period, unless FDA received OMB Circulars A–21, A–87, A–110, and
any significant adverse comment during A–122 (which have been placed in OMB
ECCN 4A001—[Amended] the comment period. FDA did not guidances); Circulars A–89, A–102, and
■ 30. In supplement No. 1 to part 774, receive any significant adverse A–133; and the guidance in Circular
ECCN 4A003 is amended by adding the comments. A–50 on Single Audit Act follow-up.
phrase ‘‘or E:2’’ immediately following Authority: 21 U.S.C. 351, 352, 360e–360j, The final guidance is located in title 2
the phrase ‘‘Country Group E:1’’ in the 360hh–360ss, 371, 381. Accordingly, the of the Code of Federal Regulations
note that immediately follows the amendment issued thereby is effective. (CFR).
License Requirements table. Dated: July 16, 2015. On December 19, 2014, OMB
Leslie Kux, published a joint interim final rule in
Dated: July 17, 2015.
Associate Commissioner for Policy. the Federal Register (79 FR 75871).
Kevin J. Wolf,
OMB made technical corrections to the
Assistant Secretary for Export [FR Doc. 2015–17930 Filed 7–21–15; 8:45 am]
Uniform Guidance, and Federal
Administration. BILLING CODE 4164–01–P
awarding agencies, including VA,
[FR Doc. 2015–17981 Filed 7–21–15; 8:45 am] implemented the guidance in their
BILLING CODE 3510–33–P respective chapters of title 2 of the CFR.
DEPARTMENT OF VETERANS VA amended title 2 of the CFR to add
AFFAIRS part 802. Section 802.101 of title 2 CFR
DEPARTMENT OF HEALTH AND now provides, ‘‘The Uniform
HUMAN SERVICES 38 CFR Parts 17, 39, 48, 49, 51, 52, 53,
Administrative Requirements, Cost
59, 61, 62, and 64
Principles, and Audit Requirements for
Food and Drug Administration RIN 2900–AP22 Federal Awards set forth in 2 CFR part
200 shall apply to the Department of
21 CFR Part 1020 Uniform Administrative Requirements, Veterans Affairs.’’ VA also removed
Cost Principles, and Audit parts 41 and 43 from title 38 CFR. Those
[Docket No. FDA–2015–N–0828]
Requirements for Federal Awards; parts codified OMB Circulars that were
Performance Standards for Ionizing Updating References superseded by the Uniform Guidance.
Radiation Emitting Products; Because of these changes, existing
AGENCY: Department of Veterans Affairs.
Fluoroscopic Equipment; Correction; references in VA’s regulations to the
ACTION: Final rule. superseded OMB guidance documents
Confirmation of Effective Date
SUMMARY: The Department of Veterans and to parts 41 and 43 are obsolete.
AGENCY: Food and Drug Administration, Accordingly, we are amending various
HHS. Affairs (VA) is amending its regulations
with updated citations and references to VA regulations located in 38 CFR parts
ACTION: Direct final rule; confirmation of Office of Management and Budget 17, 39, 48, 51, 52, 53, 59, 61, 62, and 64
effective date. (OMB) authorities for Federal grant to replace the obsolete references with
programs. OMB has issued final references to the current authority. For
SUMMARY: The Food and Drug the same reason, we are removing part
Administration (FDA or we) is guidance, located in Title 2 of the Code
of Federal Regulations (CFR), which 49 of title 38 CFR, which codified OMB
confirming the effective date of August Circular A–110, and amending VA’s
26, 2015, for the direct final rule that streamlines and supersedes
requirements previously found in regulations referencing part 49 to
appeared in the Federal Register of reference 2 CFR part 200 instead.
Lhorne on DSK7TPTVN1PROD with RULES
April 13, 2015. The direct final rule various OMB Circulars. VA has adopted
amends a Federal performance standard OMB’s guidance, and this rule replaces Administrative Procedure Act
for ionizing radiation to correct a the obsolete OMB references in VA’s The Secretary of Veterans Affairs
drafting error regarding fluoroscopic regulations. finds there is good cause under the
equipment measurement. We are taking DATES: This final rule is effective July provisions of 5 U.S.C. 553(b)(B) and
this action to ensure clarity and improve 22, 2015. (d)(3) to publish this rule without prior
VerDate Sep<11>2014 15:06 Jul 21, 2015 Jkt 235001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\22JYR1.SGM 22JYR1](https://thefederalregister.org/doc/80_FR_43454/page/7.svg)
Document Created: 2015-12-15 12:55:20
Document Modified: 2015-12-15 12:55:20
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective July 22, 2015. | |
| Contact | Foreign Policy Division, Office of Nonproliferation and Treaty Compliance, Bureau of Industry and Security, Phone: (202) 482-4252. | |
| FR Citation | 80 FR 43314 | |
| RIN Number | 0694-AG60 | |
| CFR Citation | 15
CFR
734 15 CFR 736 15 CFR 740 15 CFR 742 15 CFR 746 15 CFR 748 15 CFR 750 15 CFR 758 15 CFR 772 15 CFR 774 | |
| CFR Associated | Administrative Practice and Procedure; Exports; Inventions and Patents; Research; Science and Technology; Reporting and Recordkeeping Requirements and Terrorism |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR