80_FR_51890 80 FR 51725 - Export Administration Regulations: Removal of Special Comprehensive License Provisions

80 FR 51725 - Export Administration Regulations: Removal of Special Comprehensive License Provisions

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 80, Issue 165 (August 26, 2015)

Page Range51725-51730
FR Document2015-20980

In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by removing the Special Comprehensive License (SCL) authorization. Based on changes to the EAR as part of Export Control Reform, BIS concludes that the SCL has outlived its usefulness to the exporting public since recent changes to the EAR permit exporters to accomplish similar results using individual licenses and without undertaking the more onerous SCL application. This rule also makes conforming amendments. These changes are part of BIS's efforts to further update export controls under the EAR consistent with the Retrospective Regulatory Review Initiative that directs BIS and other federal agencies to streamline regulations and reduce unnecessary regulatory burdens on the public.

Federal Register, Volume 80 Issue 165 (Wednesday, August 26, 2015)
[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)]
[Rules and Regulations]
[Pages 51725-51730]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20980]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 730, 732, 738, 743, 748, 752, 762, 772, and 774

[Docket No. 140613501-5698-02]
RIN 0694-AG13


Export Administration Regulations: Removal of Special 
Comprehensive License Provisions

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

SUMMARY: In this final rule, the Bureau of Industry and Security (BIS) 
amends the Export Administration Regulations (EAR) by removing the 
Special Comprehensive License (SCL) authorization. Based on changes to 
the EAR as part of Export Control Reform, BIS concludes that the SCL 
has outlived its usefulness to the exporting public since recent 
changes to the EAR permit exporters to accomplish similar results using 
individual licenses and without undertaking the more onerous SCL 
application. This rule also makes conforming amendments. These changes 
are part of BIS's efforts to further update export controls under the 
EAR consistent with the Retrospective Regulatory Review Initiative that 
directs BIS and other federal agencies to streamline regulations and 
reduce unnecessary regulatory burdens on the public.

DATES: This is effective September 25, 2015.

FOR FURTHER INFORMATION CONTACT: Thomas Andrukonis, Director, Export 
Management and Compliance Division, Office of Exporter Services, Bureau 
of Industry and Security, by telephone at (202) 482-6396 or by email at 
Thomas.Andrukonis@bis.doc.gov.

SUPPLEMENTARY INFORMATION: 

Background

    BIS issues this final rule to remove the Special Comprehensive 
License (SCL) provisions from the Export

[[Page 51726]]

Administration Regulations (EAR), consistent with the Retrospective 
Regulatory Review Initiative and Export Control Reform. In the preamble 
to a rule published in the Federal Register on September 30, 2014 (79 
FR 58704) (hereinafter ``the September 30 proposed rule'' or ``the 
September 30 rule''), BIS reviewed the origins and historical nature of 
the SCL, and described the specific sections of the EAR that BIS 
proposed to amend. Based on changes to the EAR as part of Export 
Control Reform, BIS concluded that the SCL has outlived its usefulness 
to the exporting public since recent changes to the EAR permit 
exporters to accomplish similar results using individual licenses and 
without undertaking the more onerous SCL application.
    This rule finalizes the revisions to the EAR as described in the 
September 30 proposed rule except for a modification discussed in the 
Transition Guidance section of the preamble. In that guidance, BIS 
proposed that all SCLs would expire one year from the date of 
publication of a final rule that removes SCL provisions from the EAR or 
on the expiration date of the SCL under the particular terms of the 
license, whichever would come earlier. As a practical matter to 
facilitate administrative ease for SCL holders who already have begun 
to transition to licenses other than the SCL and for SCL holders who 
have yet to begin that transition for their transactions under the EAR, 
BIS provides instead in this final rule that all SCLs still in effect 
at this publication will expire one year from the effective date of 
this rule, which will be September 26, 2016. Further, during this 
transition period, BIS will not accept new SCL applications or 
amendments, including renewals, to outstanding SCLs. As stated in the 
proposed rule, with the publication of this final rule, SCL holders may 
choose to apply for four-year individual licenses for exporting and 
reexporting items under the EAR or use available license exceptions. 
Finally, as stated in the proposed rule, as with all transactions 
subject to the EAR, the applicable recordkeeping requirements under 15 
CFR part 762 will continue to apply to SCL transactions until the 
applicable retention periods are fulfilled.

Public Comments on the September 30 Proposed Rule To Remove the SCL and 
BIS Responses

    BIS received three comments from three SCL holders who are private 
companies in the fields of geophysical and seismic technology on the 
September 30 proposed rule. A summary of the comments and BIS responses 
are below. Where possible, similar comments on the proposed rule have 
been consolidated.

Advantages of the SCL Compared to Individual Licenses

    Comment 1: One commenter acknowledged that while the current 
individual validated license, (individual license) offers advantages 
previously only available with the SCL, the SCL offers additional 
advantages that to a great extent do not exist with an individual 
license. The commenter explained that the SCL allows the company, given 
the company's volume of business, to operate effectively with minimal 
interruptions and to ensure compliance for the following reasons: The 
SCL is a single license requiring a single license application, which 
is easier to track than a large number of individual licenses with 
varying expiration dates; and the SCL has a four-year validity period, 
while individual licenses may be, but are not automatically, granted 
for up to four years, making planning for medium- and long-term 
operations onerous. The commenter also noted that unlike individual 
licenses for which amendments require a replacement license, the SCL 
item or end user may be amended without submitting an entirely new 
license application.
    Response 1: BIS acknowledges, as a practical matter, that there is 
a likelihood exporters might need more than one individual license or 
need to replace an existing license more than once within a four-year 
validity period to complete transactions under the EAR. However, BIS 
licensing information indicates that SCL holders also have needed to 
amend their SCLs a number of times within the SCL four-year validity 
period. It also indicates that the initial SCL application and review 
process historically required that applicants submit more documents and 
wait for decisions on those applications for a longer period than that 
for an individual license. Currently, applying for an amendment to 
either a SCL or a replacement for an individual license requires that 
exporters submit in a less cumbersome manner such information 
electronically through SNAP-R. Further, not all changes to individual 
licenses require that they be replaced. As detailed in Section 750.7 of 
the EAR, non-material changes to a license may be made without the 
issuance of a replacement license. In addition, the four-year validity 
period for an individual license is not as tentative or unpredictable 
as the commenter suggests, given the updated provisions in Section 
750.7(g) of the EAR. Finally, with regard to the ease of tracking SCLs 
versus individual licenses, exporters are responsible for keeping track 
of all authorizations allowed or granted to the exporter under the EAR. 
While BIS continually seeks to decrease any unreasonable burden 
exporters may have in complying with the EAR, BIS suggests that 
exporters develop a degree of familiarity or predictability regarding 
their business practices that allows them to review and predict what 
resources and activities will be needed to complete their regulatory 
obligations for export and reexport.
    Comment 2: A commenter stated that an advantage of the SCL is that 
it contains a single set of conditions while the conditions for 
individual license vary. The commenter further stated that the varying 
conditions on individual licenses make compliance difficult if not 
impossible. However, another commenter stated that SCL conditions and 
individual license conditions for the commenter's individual licenses 
are the same, as agreed to by BIS and the State Department's 
Directorate of Defense Trade Controls (DDTC).
    Response 2: BIS agrees with the second commenter on this issue. 
Conditions attached to a particular license, whether on an individual 
license or SCL, remain the same for the duration of the validity 
period. Should an exporter submit a replacement license, the related 
changes could reasonably impact the nature and scope of the conditions 
on that license. Even if there are variations between conditions on 
different individual licenses, these variations may be justified in 
light of the different fact sets for each license application.
    Comment 3: A commenter stated that the SCL is more flexible and 
better fits a company that needs quick turnaround to compete in the 
international marketplace, such as the market for subsea remotely 
operated vehicles (ROVs) to support oil and gas exploration. The 
commenter added, as an example of flexibility, that the United Kingdom 
offers two week processing on flexible individual licenses, which 
impose significantly less restrictive conditions as compared to the 
individual licenses issued by the United States. The commenter further 
stated that the SCL is critical to enabling the company to compete 
effectively with foreign competitors while continuing to manufacture 
controlled ROVs in the United States. Without the SCL, according to the 
commenter, the commenter's competitiveness with foreign ROV 
manufacturers, who function under less restrictive export

[[Page 51727]]

control regimes and with the benefit of flexible licensing, would be 
negatively impacted.
    Response 3: BIS notes that the current features of the EAR's SCL 
can be replicated in an individual license. More importantly, as noted 
in Response to Comment 1, the review period for an individual license 
is less cumbersome and time consuming than for a SCL application, 
barring any missing information or significant interagency concerns 
about the proposed transaction. Finally, the SCL holders are companies 
with well-established license history under the EAR. These companies 
have conducted business in their industries long enough to reasonably 
forecast licensing needs, including needs for authorizations for 
potential additional export or reexport opportunities, and submit 
requests to BIS accordingly. Thus, the individual licensing process 
described by the commenter should not negatively impact the commenter's 
export and reexport interests under the EAR.
    Comment 4: A commenter stated that the SCL advances U.S. national 
security and foreign policy interests. The commenter further stated 
that it was not surprising that the September 30 proposed rule did not 
suggest that eliminating the SCL furthers U.S. national security or 
foreign policy interests because the existence of the SCL provides an 
impetus for companies to develop and implement comprehensive Internal 
Control Programs (ICPs), which are subject to audits by BIS. The 
commenter also stated that the commenter's compliance with the EAR is 
reinforced due to the stringent requirements for obtaining and relying 
on a SCL.
    Response 4: BIS finds merit in the commenter's point that the SCL 
has contributed to advancing U.S. national security and foreign policy 
interests and provided an impetus for companies to invest in 
comprehensive ICPs. Further, the commenter's point gives BIS an 
opportunity to note that the elements of a SCL ICP are strong, 
practical factors that will contribute to the success of transactions 
using individual licenses authorized under the EAR. These factors 
reflect that SCL holders are sophisticated businesses that manage well 
their export licensing obligations, as noted in the Response to Comment 
1.
    Comment 5: One commenter stated that SCL administrative and 
compliance benefits greatly outweigh the SCL administrative burden, 
unlike individual licenses. The commenter added that individual 
licenses are tedious, time consuming and repetitious, and hamper 
companies' abilities to respond to short-term bid opportunities.
    Response 5: As mentioned in the Response to Comment 3, barring an 
insufficient individual license application or significant concerns 
raised during interagency review, objectively the individual license 
application process is less cumbersome and time consuming than the SCL 
application process. BIS appreciates that the commenter does not mind 
the administrative burden associated with the SCL. However, the point 
of Export Control Reform and the President's Retrospective Regulatory 
Review is for agencies to adopt regulatory changes that will remove 
redundancies and offer more streamlined and practical requirements and 
processes benefiting the greatest number of constituents while 
facilitating the agencies' missions. An individual license should be 
able to accommodate in a timely manner the commenter's efforts to 
pursue short-term bid opportunities, especially given the company's 
established licensing history under the EAR. Lastly, whether changes in 
transactions require companies to submit an application to amend a SCL 
or to replace an individual license (in case the change does not 
qualify as a non-material change), the thoroughness and accuracy of the 
application and the complexity of the basis for and type of change 
requested will impact how quickly BIS can process a license 
application, whether a SCL amendment or replacement license.

Alternative Authorizations Under the EAR (i.e., License Exceptions, 
Validated End User (VEU) Authorization, etc.)

    Comment 6: One commenter stated that none of the changes to the EAR 
described in the preamble of the September 30 proposed rule would make 
up for that commenter's loss of the SCL. In particular, the commenter 
stated that the existing license exceptions do not offer a viable 
alternative for the commenter's operations because the majority of the 
commenter's commodities fall under Export Control Classification Number 
(ECCN) 6A001.a.2 and the only license exception allowed would be 
License Exception Temporary imports, exports, reexports, and transfers 
(in-country) (TMP), which does not meet the commenter's business needs 
. A second commenter also stated that restrictions on available license 
exceptions significantly limit the benefit of the exceptions. For 
example, License Exceptions, such as Shipments to Country Group B 
countries (GBS), cover only a fraction of controlled spare parts for 
ROVs; and License Exception Servicing and replacement of parts and 
equipment (RPL) only authorizes a one-for-one replacement of parts. The 
second commenter also stated that License Exception Strategic Trade 
Authorization (STA) does not solve the commenter's authorization needs 
because the countries in which the commenter's ROVs are currently used 
are not in Country Group A:5 and ROVs under ECCN 8A001 are not eligible 
for export to STA Country Group A:6. Lastly, the commenter stated that 
TMP does not solve the commenter's needs because installation and use 
of ROVs abroad may go on for years and applying for individual licenses 
to keep the ROVs abroad is a cumbersome process.
    Response 6: BIS understands that the scenario described by the 
commenter relative to potential assistance provided by license 
exceptions will not apply to every situation or exporter, but will 
assist some exporters in certain situations.
    Comment 7: A commenter stated that the VEU Authorization would not 
be a viable alternative to the SCL because of the limited number of 
countries approved under the authorization.
    Response 7: BIS acknowledges that currently there are few approved 
validated end users and countries. However, the use of VEU 
Authorization for the existing approved end users and the respective 
approved countries and items provides easier and accountable access for 
U.S. companies and other companies. Therefore, the authorization 
remains an option, which may be helpful for some exporters or 
reexporters, including SCL holders.

Improvements in Individual Licenses

    Comment 8: One commenter stated that the process or procedures for 
obtaining individual licenses under the EAR has not grown noticeably 
simpler or more expeditious than when the commenter received its SCL. 
The commenter further stated that SNAP-R is not new to the commenter, 
and that application processing times also have not grown appreciably 
shorter, noting that BIS reported that the average processing time to 
review a license application was 29 days in FY 2010 and 26 days in FY 
2013.
    Response 8: The system for submitting and processing license 
applications has substantially improved over the decades. Although the 
improvements that BIS has implemented do not perfectly accommodate 
every licensable EAR transaction, they have resulted in a more 
streamlined and comparably versatile licensing process when compared to 
the protracted initial SCL

[[Page 51728]]

application. BIS reminds exporters that the updates for individual 
license applications include four-year, or longer--per Section 
750.7(g)--validity period, and allowing the listing of a greater number 
of end-users, among other enhancements. Lastly, the September 30 
proposed rule described developments and improvements under the EAR 
that directly respond to the President's Retrospective Regulatory 
Review Initiative.

Projected Impact of Removal of the SCL

    Comment 9: Raising a point similar to that in Comment 1, a 
commenter stated that the removal of the SCL will increase the number 
of individual licenses that must be managed, and that unlike the SCL, 
exporters will be unable to amend export and reexport licenses. The 
commenter noted that the commenter amends its SCL twice a year. The 
commenter further stated that an increase in individual licenses will 
require additional internal resources, and increased chances of freight 
forwarder errors.
    Response 9: BIS acknowledges, as a practical matter, there is a 
likelihood exporters might need more than one individual license or 
need to replace an existing license more than once within a four-year 
validity period to complete transactions under the EAR. However, BIS 
licensing information indicates that SCL holders typically have applied 
for additional licenses under the EAR to fully accommodate the SCL 
holders'export and reexport needs under the EAR. Please see Response to 
Comment 1. Regarding the commenter's assertion that exporters will be 
unable to amend export and reexport licenses, BIS expects that changes 
to individual licenses will be handled in a similar fashion as 
amendments to SCL amendments.

Other

    Comment 10: A commenter suggested that to offset the removal of the 
SCL, BIS should entertain the possibility of issuing export and 
reexport licenses to include all countries except those sanctioned or 
embargoed. The commenter believed that this approach would help 
mitigate the risk of losing new business opportunities.
    Response 10: BIS will consider the commenter's recommendation 
consistent with pertinent authorities and U.S. and allied policy 
objectives.
    Comment 11: A commenter asserted that the two 2012 comments from 
industry cited in the September 30 proposed rule that expressed 
reservations about the benefits of the SCL do not extend to other U.S. 
companies, including the commenter's company. The commenter went on to 
say that other companies should determine if the benefits of a SCL do 
not outweigh the burdens on an individual basis.
    Response 11: BIS did not intend to imply that the SCL has not 
provided significant benefits to other U.S. companies. BIS included the 
comments in question in the September 30 proposed rule because their 
nature and quality were relevant to the priorities of the President's 
Retrospective Regulatory Initiative. In keeping with that Initiative, 
BIS published the September 30 proposed rule to determine if there were 
better ways to serve the broad spectrum of constituents under the 
jurisdiction of the EAR. That said, as already indicated, BIS believes 
all current features of the SCL can be replicated in an individual 
license, and thus the usefulness and effectiveness of export 
authorizations under the EAR should not be impacted negatively by 
removal of the SCL.

Description of Changes From the Proposed Rule

    This rule publishes in final form the proposed amendments to the 
SCL as described initially in the September 30 rule, except for one 
change to the proposed expiration date of the SCL and two proposed 
amendments that were overtaken by a recent rulemaking.

Change to Expiration Date of the SCL

    In the proposed rule, BIS proposed that all SCLs would expire one 
year from the date of publication of a final rule or the expiration 
date of the SCL under the particular terms of the license, whichever 
would come earlier. BIS provides instead in this final rule that all 
SCLs still in effect at this publication will expire one year from the 
effective date of this rule, which will be September 26, 2016.

The Intervening Changes

    In the September 30 rule, BIS proposed to remove a reference to an 
exception to required filing of support documents for a SCL by removing 
and reserving paragraph (a)(6) of Section 748.9 (formerly Support 
documents for license applications). A final rule, Revisions to Support 
Document Requirements for License Applications under the Export 
Administration Regulations, published in the Federal Register March 13, 
2015 (80 FR 13210) (hereinafter ``the March 13 final rule''), revised 
Section 748.9 (currently Support documents for evaluation of foreign 
parties in license applications) and in doing so moved the reference to 
the SCL support documents exception to paragraph (c)(1)(vi) of the 
section. In this final rule, BIS removes and reserves paragraph 
(c)(1)(vi) of Section 748.9, which updates the amendment to Section 
748.9(a)(6) proposed in the September 30 rule.
    In addition, BIS proposed to remove the reference to the SCL in 
existing paragraph (a)(1)(iii) of Section 748.12 (formerly Special 
provisions for support documents). This paragraph provided that 
exporters had a grace period of 45 days to comply with support 
documents requirements for a license application if an item had been 
removed from SCL eligibility. The March 13 final rule revised that 
provision by removing references to the SCL in the provision and moving 
the remainder of the provision to Section 748.9(h) of the EAR. The 
revision in the March 13 final rule eliminates the need to retain the 
amendment to Section 748.12 (currently Firearms Convention (FC) Import 
Certificate) (a)(1)(iii) proposed in the September 30 rule. That update 
will be reflected in the regulatory text of this final rule.

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 7, 2015, 80 FR 48233 (August 11, 2015), 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, reducing costs, harmonizing rules, and promoting flexibility. 
This rule has been determined to be a not significant regulatory action 
for purposes of Executive Order 12866.

[[Page 51729]]

    2. This rule amends collections previously approved by the Office 
of Management and Budget (OMB) under Control Numbers 0694-0088, 
``Simplified Network Application Processing + System (SNAP+) and the 
Multi-Purpose Application,'' which carries a burden hour estimate of 
43.8 minutes to prepare and submit form BIS-748; 0694-0089, ``Special 
Comprehensive License,'' which carries a burden hour estimate of 40 
hours to complete an application, 30 minutes to complete annual 
extension requests, 4 hours to complete amendments, and six hours to 
perform recordkeeping and internal control program annual 
certifications; and 0694-0152, ``Automated Export System (AES) 
Program,'' which carries a burden hour estimate of three minutes or 
0.05 hours per electronic submission.
    The total burden hours associated with the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.) (PRA) and the aforementioned OMB 
Control Numbers would be expected to decrease as a result of this 
removal of part 752 of the EAR and related provisions in this rule 
issued in final form, thereby reducing burden hours associated with 
approved collections related to the EAR.
    Notwithstanding any other provision of the 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 PRA, unless that collection of information displays 
a currently valid OMB Control Number.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under Executive Order 13132.
    4. The Chief Counsel for Regulation at the Department of Commerce 
certified to the Chief Counsel for Advocacy at the Small Business 
Administration that this rule, if adopted, would not have a significant 
economic impact on a substantial number of small entities. The factual 
basis was published in the proposed rule and is not repeated here. BIS 
received no comments that addressed the economic impact of this rule on 
small entities. Therefore, a final regulatory flexibility analysis is 
not required and one was not prepared.

List of Subjects

15 CFR Part 730

    Administrative practice and procedure, Advisory committees, 
Exports, Reporting and recordkeeping requirements, Strategic and 
critical materials.

15 CFR Parts 732, 748, and 752

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

15 CFR Parts 738 and 772

    Exports.

15 CFR Part 743

    Administrative practice and procedure, Reporting and recordkeeping 
requirements.

15 CFR Part 762

    Administrative practice and procedure, Business and industry, 
Confidential business information, Exports, Reporting and recordkeeping 
requirements.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, under the authority of 50 U.S.C. 1701 et seq., parts 
730, 732, 738, 743, 748, 752, 762, 772 and 774 of the Export 
Administration Regulations (15 CFR parts 730-774) are amended as 
follows:

PART 730--[AMENDED]

0
1. The authority citation for part 730 is revised to read as follows:

    Authority:  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. 2151 note; 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. 11912, 41 FR 15825, 3 CFR, 1976 Comp., p. 114; E.O. 
12002, 42 FR 35623, 3 CFR, 1977 Comp., p. 133; E.O. 12058, 43 FR 
20947, 3 CFR, 1978 Comp., p. 179; E.O. 12214, 45 FR 29783, 3 CFR, 
1980 Comp., p. 256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 
608; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 179; E.O. 12918, 
59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 12938, 59 FR 59099, 3 
CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., 
p. 356; E.O. 12981, 60 FR 62981, 3 CFR, 1995 Comp., p. 419; 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. 13099, 63 FR 45167, 3 CFR, 
1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; E.O. 13338, 
69 FR 26751, 3 CFR, 2004 Comp., p 168; E.O. 13637 of March 8, 2013, 
78 FR 16129 (March 13, 2013); Notice of September 17, 2014, 79 FR 
56475 (September 19, 2014); Notice of November 7, 2014, 79 FR 67035 
(November 12, 2014); Notice of January 21, 2015, 80 FR 3461 (January 
22, 2015); Notice of May 6, 2015, 80 FR 26815 (May 8, 2015); Notice 
of August 7, 2015, 80 FR 48233 (August 11, 2015).


Sec.  730.8  [Amended]

0
2. Section 730.8 is amended by removing the next to last sentence in 
paragraph (a)(5).

Supplement No. 1 to Part 730 [Amended]

0
3. Supplement No. 1 to Part 730 is amended by:
0
a. Revising the entries for Collection number ``0694-0088'' and 
Collection number ``0694-0152''; and;
0
b. Removing the entry for Collection number ``0694-0089''.
    The revisions read as follow:

Supplement No. 1 to Part 730--Information Collection Requirements Under 
the Paperwork Reduction Act: OMB Control Numbers

* * * * *

------------------------------------------------------------------------
                                                        Reference in the
        Collection No.                   Title                 EAR
------------------------------------------------------------------------
 
                              * * * * * * *
0694-0088.....................  Simplified Network      Parts 746 and
                                 Application             748, and Sec.
                                 Processing+ System      762.2(b).
                                 (SNAP+) and the
                                 Multipurpose Export
                                 License Application.
 
                              * * * * * * *
0607-0152.....................  Automated Export        Sec.  Sec.
                                 System (AES) Program.   740.1(d),
                                                         740.3(a)(3),
                                                         754.2(h),
                                                         754.4(c),
                                                         758.1, 758.2,
                                                         and 758.3 of
                                                         the EAR.
------------------------------------------------------------------------


[[Page 51730]]

PART 732--[AMENDED]

0
4. The authority citation for part 732 is revised 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, 2015, 80 FR 
48233 (August 11, 2015).


0
5. Section 732.5 is amended by revising the next to last sentence of 
paragraph (b) to read as follows:


Sec.  732.5  Steps regarding Electronic Export Information (EEI) 
requirements, Destination Control Statements, and recordkeeping.

* * * * *
    (b) * * * DCS requirements do not apply to reexports * * *
* * * * *


Sec.  732.6  [Amended]

0
6. Section 732.6 is amended by removing and reserving paragraph (d).

PART 738--[AMENDED]

0
7. The authority citation for 15 CFR part 738 is revised to read as 
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et 
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 
U.S.C. 6212; 43 U.S.C. 1354; 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, 2015, 80 FR 48233 (August 11, 2015).


Sec.  738.4  [Amended]

0
8. Section 738.4 is amended by removing the phrase ``or Special 
Comprehensive License'' at the end of the sixth sentence in paragraph 
(b)(3).

PART 743--[AMENDED]

0
9. The authority citation for part 743 is revised 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; E.O. 13637 of 
March 8, 2013, 78 FR 16129 (March 13, 2013); 78 FR 16129; Notice of 
August 7, 2015, 80 FR 48233 (August 11, 2015).


Sec.  743.1  [Amended]

0
10. Section 743.1 is amended by removing and reserving paragraph 
(b)(2).


Sec.  743.4  [Amended]

0
11. Section 743.4 is amended by removing and reserving paragraph 
(b)(2).

PART 748--[AMENDED]

0
12. The authority citation for part 748 is revised 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, 2015, 80 FR 
48233 (August 11, 2015).


Sec.  748.1  [Amended]

0
13. Section 748.1 is amended by removing the phrase ``Special 
Comprehensive License or'' from the first parenthetical in the first 
sentence in paragraph (d), introductory text.


Sec.  748.4  [Amended]

0
14. Section 748.4 is amended by removing the next to last sentence in 
paragraph (h).


Sec.  748.7  [Amended]

0
15. Section 748.7 is amended by removing the phrase ``Special 
Comprehensive Licenses and'' from the parenthetical in the second 
sentence in paragraph (a) and from the parenthetical in the first 
sentence in paragraph (d).


Sec.  748.9  [Amended]

0
16. Section 748.9 is amended by removing and reserving paragraph 
(c)(1)(vi).

Supplement No. 1 to Part 748 [Amended]

0
17. Supplement No. 1 to Part 748 is amended by:
0
a. Removing the next to last sentence and the caption, ``Special 
Comprehensive License'' that precedes it in paragraph ``Block 5:'' and
0
b. Removing and reserving paragraph ``Block 8''.

PART 752--[REMOVED AND RESERVED]

0
18. Remove and reserve part 752.

PART 762--[AMENDED]

0
19. The authority citation for part 762 is revised 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, 2015, 80 FR 48233 (August 11, 2015).


Sec.  762.2  [Amended]

0
20. Section 762.2 is amended by removing and reserving paragraphs 
(b)(31) through (38).

PART 772--[AMENDED]

0
21. The authority citation for part 772 is revised 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, 2015, 80 FR 48233 (August 11, 2015).


Sec.  772.1  [Amended]

0
22. Section 772.1 is amended by removing the definition ``Controlled in 
fact.''

PART 774--[AMENDED]

0
23. The authority citation for part 774 is revised to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 
U.S.C. 6212; 43 U.S.C. 1354; 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, 2015, 80 FR 48233 (August 11, 2015).

Supplement No. 1 to Part 774 [Amended]

0
24. Supplement No. 1 to part 774 (the Commerce Control List) is amended 
by removing the phrase ``Special Comprehensive Licenses,'' wherever it 
is found.

    Dated: August 17, 2015.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2015-20980 Filed 8-25-15; 8:45 am]
 BILLING CODE 3510-33-P



                                                              Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations                                             51725

                                             The Special Conditions                                    b. A battery failure sensing and                    effect for batteries and battery installations
                                                                                                     warning system with a means for                       on the BD–100–1A10 airplane that do not use
                                             ■  Accordingly, pursuant to the authority               automatically disconnecting the battery               lithium batteries.
                                             delegated to me by the Administrator,                   from its charging source in the event of
                                             the following special conditions are                                                                             Issued in Renton, Washington, on August
                                                                                                     battery failure.                                      7, 2015.
                                             issued as part of the type certification                  8. Any rechargeable lithium battery
                                             basis for Bombardier BD–100–1A10                                                                              Michael Kaszycki,
                                                                                                     installation, the function of which is
                                             airplane modified by S4A, Solutions for                 required for safe operation of the                    Acting Manager, Transport Airplane
                                             Aviation, S.L.                                                                                                Directorate, Aircraft Certification Service.
                                                                                                     airplane, must incorporate a monitoring
                                                In lieu of the requirements of Title 14,             and warning feature that will provide an              [FR Doc. 2015–21118 Filed 8–25–15; 8:45 am]
                                             Code of Federal Regulations (14 CFR)                    indication to the appropriate flight                  BILLING CODE 4910–13–P
                                             25.1353(c)(1) through (c)(4) at                         crewmembers whenever the state-of-
                                             Amendment 25–101 for rechargeable                       charge of the batteries has fallen below
                                             lithium batteries and battery systems, all              levels considered acceptable for                      DEPARTMENT OF COMMERCE
                                             installations must be designed and                      dispatch of the airplane.
                                             installed as follows:                                     9. The instructions for continued                   Bureau of Industry and Security
                                                1. Safe cell temperatures and                        airworthiness required by § 25.1529
                                             pressures must be maintained during                     must contain maintenance requirements                 15 CFR Parts 730, 732, 738, 743, 748,
                                             any foreseeable charging or discharging                 to assure that the battery is sufficiently            752, 762, 772, and 774
                                             condition and during any failure of the                 charged at appropriate intervals                      [Docket No. 140613501–5698–02]
                                             charging or battery monitoring system                   specified by the battery manufacturer
                                             not shown to be extremely remote. The                                                                         RIN 0694–AG13
                                                                                                     and the equipment manufacturer that
                                             rechargeable lithium battery installation               contain the rechargeable lithium battery
                                             must preclude explosion in the event of                                                                       Export Administration Regulations:
                                                                                                     or rechargeable lithium battery system.               Removal of Special Comprehensive
                                             those failures.                                         This is required to ensure that lithium
                                                2. Design of the rechargeable lithium                                                                      License Provisions
                                                                                                     rechargeable batteries and lithium
                                             batteries must preclude the occurrence                  rechargeable battery systems will not                 AGENCY:  Bureau of Industry and
                                             of self-sustaining, uncontrolled                        degrade below specified ampere-hour                   Security, Commerce.
                                             increases in temperature or pressure.                   levels sufficient to power the aircraft               ACTION: Final rule.
                                                3. No explosive or toxic gases emitted               system, for intended applications. The
                                             by any rechargeable lithium battery in                  instructions for continued airworthiness              SUMMARY:   In this final rule, the Bureau
                                             normal operation, or as the result of any               must also contain procedures for the                  of Industry and Security (BIS) amends
                                             failure of the battery charging system,                 maintenance of batteries in spares                    the Export Administration Regulations
                                             monitoring system, or battery                           storage to prevent the replacement of                 (EAR) by removing the Special
                                             installation which is not shown to be                   batteries with batteries that have                    Comprehensive License (SCL)
                                             extremely remote, may accumulate in                     experienced degraded charge retention                 authorization. Based on changes to the
                                             hazardous quantities within the                         ability or other damage due to                        EAR as part of Export Control Reform,
                                             airplane.                                               prolonged storage at a low state of                   BIS concludes that the SCL has outlived
                                                4. Installations of rechargeable                                                                           its usefulness to the exporting public
                                                                                                     charge. Replacement batteries must be
                                             lithium batteries must meet the                                                                               since recent changes to the EAR permit
                                                                                                     of the same manufacturer and part
                                             requirements of § 25.863(a) through (d).                                                                      exporters to accomplish similar results
                                                                                                     number as approved by the FAA.
                                                5. No corrosive fluids or gases that                                                                       using individual licenses and without
                                                                                                     Precautions should be included in the
                                             may escape from any rechargeable                                                                              undertaking the more onerous SCL
                                                                                                     instructions for continued airworthiness
                                             lithium battery may damage                                                                                    application. This rule also makes
                                                                                                     maintenance instructions to prevent
                                             surrounding structure or any adjacent                                                                         conforming amendments. These changes
                                                                                                     mishandling of the rechargeable lithium
                                             systems, equipment, or electrical wiring                                                                      are part of BIS’s efforts to further update
                                                                                                     battery and rechargeable lithium battery
                                             of the airplane in such a way as to cause                                                                     export controls under the EAR
                                                                                                     systems which could result in short-
                                             a major or more severe failure condition,                                                                     consistent with the Retrospective
                                                                                                     circuit or other unintentional impact
                                             in accordance with § 25.1309(b) and                                                                           Regulatory Review Initiative that directs
                                                                                                     damage caused by dropping or other
                                             applicable regulatory guidance.                                                                               BIS and other federal agencies to
                                                6. Each rechargeable lithium battery                 destructive means that could result in
                                                                                                     personal injury or property damage.                   streamline regulations and reduce
                                             installation must have provisions to                                                                          unnecessary regulatory burdens on the
                                             prevent any hazardous effect on                           Note 1: The term ‘‘sufficiently charged’’           public.
                                             structure or essential systems caused by                means that the battery will retain enough of
                                                                                                     a charge, expressed in ampere-hours, to               DATES: This is effective September 25,
                                             the maximum amount of heat the
                                             battery can generate during a short
                                                                                                     ensure that the battery cells will not be             2015.
                                                                                                     damaged. A battery cell may be damaged by
                                             circuit of the battery or of its individual                                                                   FOR FURTHER INFORMATION CONTACT:
                                                                                                     lowering the charge below a point where
                                             cells.                                                  there is a reduction in the ability to charge         Thomas Andrukonis, Director, Export
                                                7. Lithium battery installations must                and retain a full charge. This reduction              Management and Compliance Division,
                                             have a system to control the charging                   would be greater than the reduction that may          Office of Exporter Services, Bureau of
                                             rate of the battery automatically, so as                result from normal operational degradation.           Industry and Security, by telephone at
                                             to prevent battery overheating or                                                                             (202) 482–6396 or by email at
                                                                                                        Note 2: These special conditions are not           Thomas.Andrukonis@bis.doc.gov.
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                                             overcharging, and,
                                                a. A battery temperature sensing and                 intended to replace § 25.1353(c) at
                                                                                                     Amendment 25–101 in the certification basis           SUPPLEMENTARY INFORMATION:
                                             over-temperature warning system with a                  of the BD–100–1A10 airplane. These special
                                             means for automatically disconnecting                                                                         Background
                                                                                                     conditions apply only to rechargeable
                                             the battery from its charging source in                 lithium batteries and lithium battery systems           BIS issues this final rule to remove
                                             the event of an over-temperature                        and their installations. The requirements of          the Special Comprehensive License
                                             condition, or,                                          § 25.1353(c) at Amendment 25–101 remain in            (SCL) provisions from the Export


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                                             51726            Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations

                                             Administration Regulations (EAR),                       summary of the comments and BIS                       in Section 750.7(g) of the EAR. Finally,
                                             consistent with the Retrospective                       responses are below. Where possible,                  with regard to the ease of tracking SCLs
                                             Regulatory Review Initiative and Export                 similar comments on the proposed rule                 versus individual licenses, exporters are
                                             Control Reform. In the preamble to a                    have been consolidated.                               responsible for keeping track of all
                                             rule published in the Federal Register                                                                        authorizations allowed or granted to the
                                                                                                     Advantages of the SCL Compared to
                                             on September 30, 2014 (79 FR 58704)                                                                           exporter under the EAR. While BIS
                                                                                                     Individual Licenses
                                             (hereinafter ‘‘the September 30                                                                               continually seeks to decrease any
                                             proposed rule’’ or ‘‘the September 30                      Comment 1: One commenter                           unreasonable burden exporters may
                                             rule’’), BIS reviewed the origins and                   acknowledged that while the current                   have in complying with the EAR, BIS
                                             historical nature of the SCL, and                       individual validated license, (individual             suggests that exporters develop a degree
                                             described the specific sections of the                  license) offers advantages previously                 of familiarity or predictability regarding
                                             EAR that BIS proposed to amend. Based                   only available with the SCL, the SCL                  their business practices that allows
                                             on changes to the EAR as part of Export                 offers additional advantages that to a                them to review and predict what
                                             Control Reform, BIS concluded that the                  great extent do not exist with an                     resources and activities will be needed
                                             SCL has outlived its usefulness to the                  individual license. The commenter                     to complete their regulatory obligations
                                             exporting public since recent changes to                explained that the SCL allows the                     for export and reexport.
                                             the EAR permit exporters to accomplish                  company, given the company’s volume                      Comment 2: A commenter stated that
                                             similar results using individual licenses               of business, to operate effectively with              an advantage of the SCL is that it
                                             and without undertaking the more                        minimal interruptions and to ensure                   contains a single set of conditions while
                                             onerous SCL application.                                compliance for the following reasons:                 the conditions for individual license
                                                This rule finalizes the revisions to the             The SCL is a single license requiring a               vary. The commenter further stated that
                                             EAR as described in the September 30                    single license application, which is                  the varying conditions on individual
                                             proposed rule except for a modification                 easier to track than a large number of                licenses make compliance difficult if
                                             discussed in the Transition Guidance                    individual licenses with varying                      not impossible. However, another
                                             section of the preamble. In that                        expiration dates; and the SCL has a four-             commenter stated that SCL conditions
                                             guidance, BIS proposed that all SCLs                    year validity period, while individual                and individual license conditions for
                                             would expire one year from the date of                  licenses may be, but are not                          the commenter’s individual licenses are
                                             publication of a final rule that removes                automatically, granted for up to four                 the same, as agreed to by BIS and the
                                             SCL provisions from the EAR or on the                   years, making planning for medium-                    State Department’s Directorate of
                                             expiration date of the SCL under the                    and long-term operations onerous. The                 Defense Trade Controls (DDTC).
                                             particular terms of the license,                        commenter also noted that unlike                         Response 2: BIS agrees with the
                                             whichever would come earlier. As a                      individual licenses for which                         second commenter on this issue.
                                             practical matter to facilitate                          amendments require a replacement                      Conditions attached to a particular
                                             administrative ease for SCL holders who                 license, the SCL item or end user may                 license, whether on an individual
                                             already have begun to transition to                     be amended without submitting an                      license or SCL, remain the same for the
                                             licenses other than the SCL and for SCL                 entirely new license application.                     duration of the validity period. Should
                                             holders who have yet to begin that                         Response 1: BIS acknowledges, as a                 an exporter submit a replacement
                                             transition for their transactions under                 practical matter, that there is a                     license, the related changes could
                                             the EAR, BIS provides instead in this                   likelihood exporters might need more                  reasonably impact the nature and scope
                                             final rule that all SCLs still in effect at             than one individual license or need to                of the conditions on that license. Even
                                             this publication will expire one year                   replace an existing license more than                 if there are variations between
                                             from the effective date of this rule,                   once within a four-year validity period               conditions on different individual
                                             which will be September 26, 2016.                       to complete transactions under the EAR.               licenses, these variations may be
                                             Further, during this transition period,                 However, BIS licensing information                    justified in light of the different fact sets
                                             BIS will not accept new SCL                             indicates that SCL holders also have                  for each license application.
                                             applications or amendments, including                   needed to amend their SCLs a number                      Comment 3: A commenter stated that
                                             renewals, to outstanding SCLs. As stated                of times within the SCL four-year                     the SCL is more flexible and better fits
                                             in the proposed rule, with the                          validity period. It also indicates that the           a company that needs quick turnaround
                                             publication of this final rule, SCL                     initial SCL application and review                    to compete in the international
                                             holders may choose to apply for four-                   process historically required that                    marketplace, such as the market for
                                             year individual licenses for exporting                  applicants submit more documents and                  subsea remotely operated vehicles
                                             and reexporting items under the EAR or                  wait for decisions on those applications              (ROVs) to support oil and gas
                                             use available license exceptions.                       for a longer period than that for an                  exploration. The commenter added, as
                                             Finally, as stated in the proposed rule,                individual license. Currently, applying               an example of flexibility, that the
                                             as with all transactions subject to the                 for an amendment to either a SCL or a                 United Kingdom offers two week
                                             EAR, the applicable recordkeeping                       replacement for an individual license                 processing on flexible individual
                                             requirements under 15 CFR part 762                      requires that exporters submit in a less              licenses, which impose significantly
                                             will continue to apply to SCL                           cumbersome manner such information                    less restrictive conditions as compared
                                             transactions until the applicable                       electronically through SNAP–R.                        to the individual licenses issued by the
                                             retention periods are fulfilled.                        Further, not all changes to individual                United States. The commenter further
                                                                                                     licenses require that they be replaced.               stated that the SCL is critical to enabling
                                             Public Comments on the September 30                     As detailed in Section 750.7 of the EAR,              the company to compete effectively
                                             Proposed Rule To Remove the SCL and                     non-material changes to a license may                 with foreign competitors while
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                                             BIS Responses                                           be made without the issuance of a                     continuing to manufacture controlled
                                               BIS received three comments from                      replacement license. In addition, the                 ROVs in the United States. Without the
                                             three SCL holders who are private                       four-year validity period for an                      SCL, according to the commenter, the
                                             companies in the fields of geophysical                  individual license is not as tentative or             commenter’s competitiveness with
                                             and seismic technology on the                           unpredictable as the commenter                        foreign ROV manufacturers, who
                                             September 30 proposed rule. A                           suggests, given the updated provisions                function under less restrictive export


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                                                              Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations                                      51727

                                             control regimes and with the benefit of                 abilities to respond to short-term bid                Servicing and replacement of parts and
                                             flexible licensing, would be negatively                 opportunities.                                        equipment (RPL) only authorizes a one-
                                             impacted.                                                  Response 5: As mentioned in the                    for-one replacement of parts. The
                                                Response 3: BIS notes that the current               Response to Comment 3, barring an                     second commenter also stated that
                                             features of the EAR’s SCL can be                        insufficient individual license                       License Exception Strategic Trade
                                             replicated in an individual license.                    application or significant concerns                   Authorization (STA) does not solve the
                                             More importantly, as noted in Response                  raised during interagency review,                     commenter’s authorization needs
                                             to Comment 1, the review period for an                  objectively the individual license                    because the countries in which the
                                             individual license is less cumbersome                   application process is less cumbersome                commenter’s ROVs are currently used
                                             and time consuming than for a SCL                       and time consuming than the SCL                       are not in Country Group A:5 and ROVs
                                             application, barring any missing                        application process. BIS appreciates that             under ECCN 8A001 are not eligible for
                                             information or significant interagency                  the commenter does not mind the                       export to STA Country Group A:6.
                                             concerns about the proposed                             administrative burden associated with                 Lastly, the commenter stated that TMP
                                             transaction. Finally, the SCL holders are               the SCL. However, the point of Export                 does not solve the commenter’s needs
                                             companies with well-established license                 Control Reform and the President’s                    because installation and use of ROVs
                                             history under the EAR. These                            Retrospective Regulatory Review is for                abroad may go on for years and applying
                                             companies have conducted business in                    agencies to adopt regulatory changes                  for individual licenses to keep the ROVs
                                             their industries long enough to                         that will remove redundancies and offer               abroad is a cumbersome process.
                                             reasonably forecast licensing needs,                    more streamlined and practical                           Response 6: BIS understands that the
                                             including needs for authorizations for                  requirements and processes benefiting                 scenario described by the commenter
                                             potential additional export or reexport                 the greatest number of constituents                   relative to potential assistance provided
                                             opportunities, and submit requests to                   while facilitating the agencies’ missions.            by license exceptions will not apply to
                                             BIS accordingly. Thus, the individual                   An individual license should be able to               every situation or exporter, but will
                                             licensing process described by the                      accommodate in a timely manner the                    assist some exporters in certain
                                             commenter should not negatively                         commenter’s efforts to pursue short-                  situations.
                                             impact the commenter’s export and                       term bid opportunities, especially given                 Comment 7: A commenter stated that
                                             reexport interests under the EAR.                       the company’s established licensing                   the VEU Authorization would not be a
                                                Comment 4: A commenter stated that                   history under the EAR. Lastly, whether                viable alternative to the SCL because of
                                             the SCL advances U.S. national security                 changes in transactions require                       the limited number of countries
                                             and foreign policy interests. The                       companies to submit an application to                 approved under the authorization.
                                             commenter further stated that it was not                amend a SCL or to replace an individual                  Response 7: BIS acknowledges that
                                             surprising that the September 30                        license (in case the change does not                  currently there are few approved
                                             proposed rule did not suggest that                      qualify as a non-material change), the                validated end users and countries.
                                             eliminating the SCL furthers U.S.                       thoroughness and accuracy of the                      However, the use of VEU Authorization
                                             national security or foreign policy                     application and the complexity of the                 for the existing approved end users and
                                             interests because the existence of the                  basis for and type of change requested                the respective approved countries and
                                             SCL provides an impetus for companies                   will impact how quickly BIS can                       items provides easier and accountable
                                             to develop and implement                                process a license application, whether a              access for U.S. companies and other
                                             comprehensive Internal Control                          SCL amendment or replacement license.                 companies. Therefore, the authorization
                                             Programs (ICPs), which are subject to                                                                         remains an option, which may be
                                             audits by BIS. The commenter also                       Alternative Authorizations Under the                  helpful for some exporters or
                                             stated that the commenter’s compliance                  EAR (i.e., License Exceptions, Validated
                                                                                                                                                           reexporters, including SCL holders.
                                             with the EAR is reinforced due to the                   End User (VEU) Authorization, etc.)
                                                                                                       Comment 6: One commenter stated                     Improvements in Individual Licenses
                                             stringent requirements for obtaining and
                                             relying on a SCL.                                       that none of the changes to the EAR                      Comment 8: One commenter stated
                                                Response 4: BIS finds merit in the                   described in the preamble of the                      that the process or procedures for
                                             commenter’s point that the SCL has                      September 30 proposed rule would                      obtaining individual licenses under the
                                             contributed to advancing U.S. national                  make up for that commenter’s loss of the              EAR has not grown noticeably simpler
                                             security and foreign policy interests and               SCL. In particular, the commenter stated              or more expeditious than when the
                                             provided an impetus for companies to                    that the existing license exceptions do               commenter received its SCL. The
                                             invest in comprehensive ICPs. Further,                  not offer a viable alternative for the                commenter further stated that SNAP–R
                                             the commenter’s point gives BIS an                      commenter’s operations because the                    is not new to the commenter, and that
                                             opportunity to note that the elements of                majority of the commenter’s                           application processing times also have
                                             a SCL ICP are strong, practical factors                 commodities fall under Export Control                 not grown appreciably shorter, noting
                                             that will contribute to the success of                  Classification Number (ECCN)                          that BIS reported that the average
                                             transactions using individual licenses                  6A001.a.2 and the only license                        processing time to review a license
                                             authorized under the EAR. These factors                 exception allowed would be License                    application was 29 days in FY 2010 and
                                             reflect that SCL holders are                            Exception Temporary imports, exports,                 26 days in FY 2013.
                                             sophisticated businesses that manage                    reexports, and transfers (in-country)                    Response 8: The system for
                                             well their export licensing obligations,                (TMP), which does not meet the                        submitting and processing license
                                             as noted in the Response to Comment 1.                  commenter’s business needs . A second                 applications has substantially improved
                                                Comment 5: One commenter stated                      commenter also stated that restrictions               over the decades. Although the
                                             that SCL administrative and compliance                  on available license exceptions                       improvements that BIS has
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                                             benefits greatly outweigh the SCL                       significantly limit the benefit of the                implemented do not perfectly
                                             administrative burden, unlike                           exceptions. For example, License                      accommodate every licensable EAR
                                             individual licenses. The commenter                      Exceptions, such as Shipments to                      transaction, they have resulted in a
                                             added that individual licenses are                      Country Group B countries (GBS), cover                more streamlined and comparably
                                             tedious, time consuming and                             only a fraction of controlled spare parts             versatile licensing process when
                                             repetitious, and hamper companies’                      for ROVs; and License Exception                       compared to the protracted initial SCL


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                                             51728            Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations

                                             application. BIS reminds exporters that                 companies, including the commenter’s                  support documents exception to
                                             the updates for individual license                      company. The commenter went on to                     paragraph (c)(1)(vi) of the section. In
                                             applications include four-year, or                      say that other companies should                       this final rule, BIS removes and reserves
                                             longer—per Section 750.7(g)—validity                    determine if the benefits of a SCL do not             paragraph (c)(1)(vi) of Section 748.9,
                                             period, and allowing the listing of a                   outweigh the burdens on an individual                 which updates the amendment to
                                             greater number of end-users, among                      basis.                                                Section 748.9(a)(6) proposed in the
                                             other enhancements. Lastly, the                           Response 11: BIS did not intend to                  September 30 rule.
                                             September 30 proposed rule described                    imply that the SCL has not provided                      In addition, BIS proposed to remove
                                             developments and improvements under                     significant benefits to other U.S.                    the reference to the SCL in existing
                                             the EAR that directly respond to the                    companies. BIS included the comments                  paragraph (a)(1)(iii) of Section 748.12
                                             President’s Retrospective Regulatory                    in question in the September 30                       (formerly Special provisions for support
                                             Review Initiative.                                      proposed rule because their nature and                documents). This paragraph provided
                                                                                                     quality were relevant to the priorities of            that exporters had a grace period of 45
                                             Projected Impact of Removal of the SCL                  the President’s Retrospective Regulatory              days to comply with support documents
                                                Comment 9: Raising a point similar to                Initiative. In keeping with that                      requirements for a license application if
                                             that in Comment 1, a commenter stated                   Initiative, BIS published the September               an item had been removed from SCL
                                             that the removal of the SCL will                        30 proposed rule to determine if there                eligibility. The March 13 final rule
                                             increase the number of individual                       were better ways to serve the broad                   revised that provision by removing
                                             licenses that must be managed, and that                 spectrum of constituents under the                    references to the SCL in the provision
                                             unlike the SCL, exporters will be unable                jurisdiction of the EAR. That said, as                and moving the remainder of the
                                             to amend export and reexport licenses.                  already indicated, BIS believes all                   provision to Section 748.9(h) of the
                                             The commenter noted that the                            current features of the SCL can be                    EAR. The revision in the March 13 final
                                             commenter amends its SCL twice a year.                  replicated in an individual license, and              rule eliminates the need to retain the
                                             The commenter further stated that an                    thus the usefulness and effectiveness of              amendment to Section 748.12 (currently
                                             increase in individual licenses will                    export authorizations under the EAR                   Firearms Convention (FC) Import
                                             require additional internal resources,                  should not be impacted negatively by                  Certificate) (a)(1)(iii) proposed in the
                                             and increased chances of freight                        removal of the SCL.                                   September 30 rule. That update will be
                                             forwarder errors.
                                                Response 9: BIS acknowledges, as a                   Description of Changes From the                       reflected in the regulatory text of this
                                             practical matter, there is a likelihood                 Proposed Rule                                         final rule.
                                             exporters might need more than one                        This rule publishes in final form the               Export Administration Act
                                             individual license or need to replace an                proposed amendments to the SCL as
                                             existing license more than once within                  described initially in the September 30                 Although the Export Administration
                                             a four-year validity period to complete                 rule, except for one change to the                    Act expired on August 20, 2001, the
                                             transactions under the EAR. However,                    proposed expiration date of the SCL and               President, through Executive Order
                                             BIS licensing information indicates that                two proposed amendments that were                     13222 of August 17, 2001, 3 CFR, 2001
                                             SCL holders typically have applied for                  overtaken by a recent rulemaking.                     Comp., p. 783 (2002), as amended by
                                             additional licenses under the EAR to                                                                          Executive Order 13637 of March 8,
                                                                                                     Change to Expiration Date of the SCL                  2013, 78 FR 16129 (March 13, 2013) and
                                             fully accommodate the SCL
                                             holders’export and reexport needs                          In the proposed rule, BIS proposed                 as extended by the Notice of August 7,
                                             under the EAR. Please see Response to                   that all SCLs would expire one year                   2015, 80 FR 48233 (August 11, 2015),
                                             Comment 1. Regarding the commenter’s                    from the date of publication of a final               has continued the Export
                                             assertion that exporters will be unable                 rule or the expiration date of the SCL                Administration Regulations in effect
                                             to amend export and reexport licenses,                  under the particular terms of the                     under the International Emergency
                                             BIS expects that changes to individual                  license, whichever would come earlier.                Economic Powers Act. BIS continues to
                                             licenses will be handled in a similar                   BIS provides instead in this final rule               carry out the provisions of the Export
                                             fashion as amendments to SCL                            that all SCLs still in effect at this                 Administration Act, as appropriate and
                                             amendments.                                             publication will expire one year from                 to the extent permitted by law, pursuant
                                                                                                     the effective date of this rule, which will           to Executive Order 13222 as amended
                                             Other                                                   be September 26, 2016.                                by Executive Order 13637.
                                                Comment 10: A commenter suggested                                                                          Rulemaking Requirements
                                                                                                     The Intervening Changes
                                             that to offset the removal of the SCL, BIS
                                             should entertain the possibility of                        In the September 30 rule, BIS                         1. Executive Orders 13563 and 12866
                                             issuing export and reexport licenses to                 proposed to remove a reference to an                  direct agencies to assess all costs and
                                             include all countries except those                      exception to required filing of support               benefits of available regulatory
                                             sanctioned or embargoed. The                            documents for a SCL by removing and                   alternatives and, if regulation is
                                             commenter believed that this approach                   reserving paragraph (a)(6) of Section                 necessary, to select regulatory
                                             would help mitigate the risk of losing                  748.9 (formerly Support documents for                 approaches that maximize net benefits
                                             new business opportunities.                             license applications). A final rule,                  (including potential economic,
                                                Response 10: BIS will consider the                   Revisions to Support Document                         environmental, public health and safety
                                             commenter’s recommendation                              Requirements for License Applications                 effects, distributive impacts, and
                                             consistent with pertinent authorities                   under the Export Administration                       equity). Executive Order 13563
                                                                                                     Regulations, published in the Federal                 emphasizes the importance of
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                                             and U.S. and allied policy objectives.
                                                Comment 11: A commenter asserted                     Register March 13, 2015 (80 FR 13210)                 quantifying both costs and benefits,
                                             that the two 2012 comments from                         (hereinafter ‘‘the March 13 final rule’’),            reducing costs, harmonizing rules, and
                                             industry cited in the September 30                      revised Section 748.9 (currently Support              promoting flexibility. This rule has been
                                             proposed rule that expressed                            documents for evaluation of foreign                   determined to be a not significant
                                             reservations about the benefits of the                  parties in license applications) and in               regulatory action for purposes of
                                             SCL do not extend to other U.S.                         doing so moved the reference to the SCL               Executive Order 12866.


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                                                               Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations                                                        51729

                                                2. This rule amends collections                             proposed rule and is not repeated here.                   2151 note; 22 U.S.C. 3201 et seq.; 22 U.S.C.
                                             previously approved by the Office of                           BIS received no comments that                             6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C.
                                             Management and Budget (OMB) under                              addressed the economic impact of this                     2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 15
                                                                                                            rule on small entities. Therefore, a final                U.S.C. 1824a; 50 U.S.C. app. 5; 22 U.S.C.
                                             Control Numbers 0694–0088,
                                                                                                                                                                      7201 et seq.; 22 U.S.C. 7210; E.O. 11912, 41
                                             ‘‘Simplified Network Application                               regulatory flexibility analysis is not                    FR 15825, 3 CFR, 1976 Comp., p. 114; E.O.
                                             Processing + System (SNAP+) and the                            required and one was not prepared.                        12002, 42 FR 35623, 3 CFR, 1977 Comp., p.
                                             Multi-Purpose Application,’’ which                                                                                       133; E.O. 12058, 43 FR 20947, 3 CFR, 1978
                                                                                                            List of Subjects
                                             carries a burden hour estimate of 43.8                                                                                   Comp., p. 179; E.O. 12214, 45 FR 29783, 3
                                             minutes to prepare and submit form                             15 CFR Part 730                                           CFR, 1980 Comp., p. 256; E.O. 12851, 58 FR
                                             BIS–748; 0694–0089, ‘‘Special                                                                                            33181, 3 CFR, 1993 Comp., p. 608; E.O.
                                                                                                              Administrative practice and                             12854, 58 FR 36587, 3 CFR, 1993 Comp., p.
                                             Comprehensive License,’’ which carries                         procedure, Advisory committees,
                                             a burden hour estimate of 40 hours to                                                                                    179; E.O. 12918, 59 FR 28205, 3 CFR, 1994
                                                                                                            Exports, Reporting and recordkeeping                      Comp., p. 899; E.O. 12938, 59 FR 59099, 3
                                             complete an application, 30 minutes to                         requirements, Strategic and critical                      CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR
                                             complete annual extension requests, 4                          materials.                                                5079, 3 CFR, 1995 Comp., p. 356; E.O. 12981,
                                             hours to complete amendments, and six                                                                                    60 FR 62981, 3 CFR, 1995 Comp., p. 419; E.O.
                                             hours to perform recordkeeping and                             15 CFR Parts 732, 748, and 752                            13020, 61 FR 54079, 3 CFR, 1996 Comp., p.
                                             internal control program annual                                  Administrative practice and                             219; E.O. 13026, 61 FR 58767, 3 CFR, 1996
                                             certifications; and 0694–0152,                                 procedure, Exports, Reporting and                         Comp., p. 228; E.O. 13099, 63 FR 45167, 3
                                             ‘‘Automated Export System (AES)                                recordkeeping requirements.                               CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR
                                             Program,’’ which carries a burden hour                                                                                   44025, 3 CFR, 2001 Comp., p. 783; E.O.
                                             estimate of three minutes or 0.05 hours                        15 CFR Parts 738 and 772                                  13224, 66 FR 49079, 3 CFR, 2001 Comp., p.
                                             per electronic submission.                                                                                               786; E.O. 13338, 69 FR 26751, 3 CFR, 2004
                                                                                                                Exports.                                              Comp., p 168; E.O. 13637 of March 8, 2013,
                                                The total burden hours associated
                                                                                                            15 CFR Part 743                                           78 FR 16129 (March 13, 2013); Notice of
                                             with the Paperwork Reduction Act of                                                                                      September 17, 2014, 79 FR 56475 (September
                                             1995 (44 U.S.C. 3501 et seq.) (PRA) and                          Administrative practice and                             19, 2014); Notice of November 7, 2014, 79 FR
                                             the aforementioned OMB Control                                 procedure, Reporting and recordkeeping                    67035 (November 12, 2014); Notice of
                                             Numbers would be expected to decrease                          requirements.                                             January 21, 2015, 80 FR 3461 (January 22,
                                             as a result of this removal of part 752                                                                                  2015); Notice of May 6, 2015, 80 FR 26815
                                             of the EAR and related provisions in                           15 CFR Part 762                                           (May 8, 2015); Notice of August 7, 2015, 80
                                             this rule issued in final form, thereby                          Administrative practice and                             FR 48233 (August 11, 2015).
                                             reducing burden hours associated with                          procedure, Business and industry,                         § 730.8       [Amended]
                                             approved collections related to the EAR.                       Confidential business information,
                                                Notwithstanding any other provision                         Exports, Reporting and recordkeeping                      ■ 2. Section 730.8 is amended by
                                             of the law, no person is required to                           requirements.                                             removing the next to last sentence in
                                             respond to, nor shall any person be                                                                                      paragraph (a)(5).
                                             subject to a penalty for failure to comply                     15 CFR Part 774
                                                                                                                                                                      Supplement No. 1 to Part 730
                                             with, a collection of information subject                        Exports, Reporting and recordkeeping                    [Amended]
                                             to the requirements of the PRA, unless                         requirements.
                                             that collection of information displays a                        Accordingly, under the authority of                     ■ 3. Supplement No. 1 to Part 730 is
                                             currently valid OMB Control Number.                            50 U.S.C. 1701 et seq., parts 730, 732,                   amended by:
                                                3. This rule does not contain policies                      738, 743, 748, 752, 762, 772 and 774 of                   ■ a. Revising the entries for Collection
                                             with Federalism implications as that                           the Export Administration Regulations                     number ‘‘0694–0088’’ and Collection
                                             term is defined under Executive Order                          (15 CFR parts 730–774) are amended as                     number ‘‘0694–0152’’; and;
                                             13132.                                                         follows:                                                  ■ b. Removing the entry for Collection
                                                4. The Chief Counsel for Regulation at                                                                                number ‘‘0694–0089’’.
                                             the Department of Commerce certified                           PART 730—[AMENDED]                                          The revisions read as follow:
                                             to the Chief Counsel for Advocacy at the
                                             Small Business Administration that this                        ■  1. The authority citation for part 730                 Supplement No. 1 to Part 730—
                                             rule, if adopted, would not have a                             is revised to read as follows:                            Information Collection Requirements
                                             significant economic impact on a                                                                                         Under the Paperwork Reduction Act:
                                                                                                               Authority: Authority: 50 U.S.C. app. 2401              OMB Control Numbers
                                             substantial number of small entities.                          et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 7420;
                                             The factual basis was published in the                         10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C.              *      *        *     *     *

                                                           Collection No.                                                            Title                                                 Reference in the EAR


                                                     *                              *                       *                    *                 *                                     *                  *
                                             0694–0088 .....................................   Simplified Network Application Processing+ System (SNAP+) and the                     Parts 746 and 748, and § 762.2(b).
                                                                                                 Multipurpose Export License Application.

                                                     *                              *                      *                  *                          *                               *                    *
                                             0607–0152 .....................................   Automated Export System (AES) Program ............................................    §§ 740.1(d), 740.3(a)(3), 754.2(h),
                                                                                                                                                                                       754.4(c), 758.1, 758.2, and
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                                                                                                                                                                                       758.3 of the EAR.




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                                             51730            Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations

                                             PART 732—[AMENDED]                                      PART 748—[AMENDED]                                       Authority: 50 U.S.C. app. 2401 et seq.; 50
                                                                                                                                                           U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
                                                                                                     ■  12. The authority citation for part 748            3 CFR, 2001 Comp., p. 783; Notice of August
                                             ■  4. The authority citation for part 732                                                                     7, 2015, 80 FR 48233 (August 11, 2015).
                                             is revised to read as follows:                          is revised to read as follows:
                                               Authority: 50 U.S.C. app. 2401 et seq.; 50              Authority: 50 U.S.C. app. 2401 et seq.; 50          § 772.1    [Amended]
                                             U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767,           U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767,
                                                                                                                                                           ■ 22. Section 772.1 is amended by
                                             3 CFR, 1996 Comp., p. 228; E.O. 13222, 66               3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
                                                                                                     FR 44025, 3 CFR, 2001 Comp., p. 783; Notice           removing the definition ‘‘Controlled in
                                             FR 44025, 3 CFR, 2001 Comp., p. 783; Notice                                                                   fact.’’
                                             of August 7, 2015, 80 FR 48233 (August 11,              of August 7, 2015, 80 FR 48233 (August 11,
                                             2015).                                                  2015).
                                                                                                                                                           PART 774—[AMENDED]
                                             ■ 5. Section 732.5 is amended by                        § 748.1   [Amended]
                                                                                                                                                           ■  23. The authority citation for part 774
                                             revising the next to last sentence of                   ■  13. Section 748.1 is amended by                    is revised to read as follows:
                                             paragraph (b) to read as follows:                       removing the phrase ‘‘Special
                                                                                                     Comprehensive License or’’ from the                     Authority: 50 U.S.C. app. 2401 et seq.; 50
                                             § 732.5 Steps regarding Electronic Export                                                                     U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
                                                                                                     first parenthetical in the first sentence             7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
                                             Information (EEI) requirements, Destination
                                             Control Statements, and recordkeeping.                  in paragraph (d), introductory text.                  seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u);
                                             *     *    *    *     *                                 § 748.4   [Amended]                                   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
                                               (b) * * * DCS requirements do not                     ■ 14. Section 748.4 is amended by                     U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
                                             apply to reexports * * *                                removing the next to last sentence in                 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
                                             *     *    *    *     *                                 paragraph (h).                                        228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
                                                                                                                                                           Comp., p. 783; Notice of August 7, 2015, 80
                                             § 732.6   [Amended]                                     § 748.7   [Amended]                                   FR 48233 (August 11, 2015).

                                             ■ 6. Section 732.6 is amended by                        ■ 15. Section 748.7 is amended by                     Supplement No. 1 to Part 774
                                             removing and reserving paragraph (d).                   removing the phrase ‘‘Special                         [Amended]
                                                                                                     Comprehensive Licenses and’’ from the
                                             PART 738—[AMENDED]                                      parenthetical in the second sentence in               ■  24. Supplement No. 1 to part 774 (the
                                                                                                     paragraph (a) and from the parenthetical              Commerce Control List) is amended by
                                                                                                     in the first sentence in paragraph (d).               removing the phrase ‘‘Special
                                             ■ 7. The authority citation for 15 CFR
                                                                                                                                                           Comprehensive Licenses,’’ wherever it
                                             part 738 is revised to read as follows:                 § 748.9   [Amended]                                   is found.
                                               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.
                                                                                                     ■ 16. Section 748.9 is amended by                       Dated: August 17, 2015.
                                             7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et              removing and reserving paragraph                      Kevin J. Wolf,
                                             seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u);         (c)(1)(vi).                                           Assistant Secretary for Export
                                             42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C.              Supplement No. 1 to Part 748                          Administration.
                                             1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22                                                                   [FR Doc. 2015–20980 Filed 8–25–15; 8:45 am]
                                             U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
                                                                                                     [Amended]
                                                                                                                                                           BILLING CODE 3510–33–P
                                             13026, 61 FR 58767, 3 CFR, 1996 Comp., p.               ■  17. Supplement No. 1 to Part 748 is
                                             228; E.O. 13222, 66 FR 44025, 3 CFR, 2001               amended by:
                                             Comp., p. 783; Notice of August 7, 2015, 80
                                                                                                     ■ a. Removing the next to last sentence
                                             FR 48233 (August 11, 2015).                                                                                   ENVIRONMENTAL PROTECTION
                                                                                                     and the caption, ‘‘Special                            AGENCY
                                             § 738.4   [Amended]                                     Comprehensive License’’ that precedes
                                                                                                     it in paragraph ‘‘Block 5:’’ and                      40 CFR Part 52
                                             ■ 8. Section 738.4 is amended by                        ■ b. Removing and reserving paragraph
                                             removing the phrase ‘‘or Special                        ‘‘Block 8’’.                                          [EPA–R05–OAR–2009–0805; EPA–R05–
                                             Comprehensive License’’ at the end of                                                                         OAR–2011–0969; FRL–9932–97–Region 5]
                                             the sixth sentence in paragraph (b)(3).                 PART 752—[REMOVED AND
                                                                                                     RESERVED]                                             Illinois; Disapproval of State Board
                                             PART 743—[AMENDED]                                                                                            Infrastructure SIP Requirements for
                                                                                                     ■   18. Remove and reserve part 752.                  the 2006 PM2.5 and 2008 Ozone NAAQS
                                             ■  9. The authority citation for part 743                                                                     AGENCY:  Environmental Protection
                                             is revised to read as follows:                          PART 762—[AMENDED]
                                                                                                                                                           Agency (EPA).
                                               Authority: 50 U.S.C. app. 2401 et seq.; 50            ■  19. The authority citation for part 762            ACTION: Final rule.
                                             U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,           is revised to read as follows:
                                             3 CFR, 2001 Comp., p. 783; E.O. 13637 of                                                                      SUMMARY:    The Environmental Protection
                                             March 8, 2013, 78 FR 16129 (March 13,                      Authority: 50 U.S.C. app. 2401 et seq.; 50         Agency (EPA) is disapproving an
                                             2013); 78 FR 16129; Notice of August 7, 2015,           U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,         element of State Implementation Plan
                                             80 FR 48233 (August 11, 2015).                          3 CFR, 2001 Comp., p. 783; Notice of August
                                                                                                                                                           (SIP) submissions from Illinois
                                                                                                     7, 2015, 80 FR 48233 (August 11, 2015).
                                             § 743.1   [Amended]                                                                                           regarding the infrastructure
                                                                                                     § 762.2   [Amended]                                   requirements of section 110 of the Clean
                                             ■ 10. Section 743.1 is amended by                                                                             Air Act (CAA) for the 2006 fine
                                                                                                     ■ 20. Section 762.2 is amended by
                                             removing and reserving paragraph                                                                              particulate matter (PM2.5) and 2008
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                                                                                                     removing and reserving paragraphs
                                             (b)(2).                                                                                                       ozone National Ambient Air Quality
                                                                                                     (b)(31) through (38).
                                                                                                                                                           Standards (NAAQS). The infrastructure
                                             § 743.4   [Amended]
                                                                                                     PART 772—[AMENDED]                                    requirements are designed to ensure that
                                             ■ 11. Section 743.4 is amended by                                                                             the structural components of each
                                             removing and reserving paragraph                        ■  21. The authority citation for part 772            state’s air quality management program
                                             (b)(2).                                                 is revised to read as follows:                        are adequate to meet the requirements of


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Document Created: 2015-12-15 10:58:58
Document Modified: 2015-12-15 10:58:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis is effective September 25, 2015.
ContactThomas Andrukonis, Director, Export Management and Compliance Division, Office of Exporter Services, Bureau of Industry and Security, by telephone at (202) 482-6396 or by email at [email protected]
FR Citation80 FR 51725 
RIN Number0694-AG13
CFR Citation15 CFR 730
15 CFR 732
15 CFR 738
15 CFR 743
15 CFR 748
15 CFR 752
15 CFR 762
15 CFR 772
15 CFR 774
CFR AssociatedAdministrative Practice and Procedure; Advisory Committees; Exports; Reporting and Recordkeeping Requirements; Strategic and Critical Materials; Business and Industry and Confidential Business Information

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