80 FR 70675 - Export Administration Regulations: Removal of Special Comprehensive License Provisions

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 80, Issue 220 (November 16, 2015)

The Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) Supplement that lists ``Information Collection Requirements Under the Paperwork Reduction Act: OMB Control Numbers'' to remove certain citations related to Special Comprehensive Licenses listed under Collection number 0607-0152. This final rule is precipitated by an error contained in a final rule published on August 26, 2015 that resulted in the retention of these citations. This action will ensure the accurate and complete implementation of the purposes of the August 26, 2015 final rule: To remove all Special Comprehensive License provisions and related provisions from the EAR.

[Federal Register Volume 80, Number 220 (Monday, November 16, 2015)]
[Rules and Regulations]
[Pages 70675-70676]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29084]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 730

[Docket No. 140613501-5956-03]
RIN 0694-AG13


Export Administration Regulations: Removal of Special 
Comprehensive License Provisions

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; correcting amendment.

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SUMMARY: The Bureau of Industry and Security (BIS) publishes this final 
rule to amend the Export Administration Regulations (EAR) Supplement 
that lists ``Information Collection Requirements Under the Paperwork 
Reduction Act: OMB Control Numbers'' to remove certain citations 
related to Special Comprehensive Licenses listed under Collection 
number 0607-0152. This final rule is precipitated by an error contained 
in a final rule published on August 26, 2015 that resulted in the 
retention of these citations. This action will ensure the accurate and 
complete implementation of the purposes of the August 26, 2015 final 
rule: To remove all Special Comprehensive License provisions and 
related provisions from the EAR.

DATES: This rule is effective November 16, 2015.

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

SUPPLEMENTARY INFORMATION: On August 26, 2015, the Bureau of Industry 
and Security (BIS) published the final rule ``Export Administration 
Regulations: Removal of Special Comprehensive License Provisions'' (80 
FR 51725), effective September 25, 2015. In that rule, BIS amended the 
Export Administration Regulations (EAR) by removing the Special 
Comprehensive License (SCL) provisions and made conforming amendments.
    The August 26 rule included amendatory instructions to revise or 
remove certain Collection numbers in Supplement No. 1 to part 730 
(Information Collection Requirements Under the Paperwork Reduction Act: 
OMB Control Numbers). However, the amendatory instruction erroneously 
identified Collection number ``0607-0152'' as Collection number ``0694-
0152,'' and as a result, the entry for Collection number 0607-0152 was 
not amended. In this final rule, BIS amends the Supplement by revising 
Collection number ``0607-0152'' to remove references to ``Sec. Sec.  
752.7(b) and 752.15(a)'' under the ``Reference in the EAR'' Column as 
originally intended. This correction will ensure the accurate and 
complete implementation of the purposes of the August 26, 2015 final 
rule: To remove all the SCL provisions and related provisions from the 
EAR.
    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.
    2. This rule does not contain an information collection subject to 
the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.). 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 provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring notice of proposed

[[Page 70676]]

rulemaking and the opportunity for public participation are waived for 
good cause because they are unnecessary and contrary to the public 
interest. (See 5 U.S.C. 553(b)(B)). The changes contained in this rule 
are technical corrections of a previously published final rule. This 
rule is necessary to prevent confusion caused by the continued 
inclusion in Supplement No. 1 to part 730 of references to the sections 
of the EAR that were removed by the August 26, 2015 rule. Collection 
number, ``0607-0152,'' needs to be revised for purposes of removing all 
the SCL provisions from the EAR. Therefore, this change is essential to 
ensure the accurate and complete implementation of the changes intended 
by the August 26, 2015 final rule.
    The provision of the Administrative Procedure Act (5 U.S.C. 553) 
requiring a 30-day delay in effectiveness is also waived for good 
cause. (5 U.S.C. 553(d)(3)). The correction contained in this final 
rule is merely a technical correction necessitated by a typographical 
error in a previously published rule, for which a notice, comment and 
delay were completed. The revisions made in this rule are technical 
corrections which should be in place as soon as possible to avoid 
confusion caused by the incorrect inclusion of references to sections 
of the EAR removed by the August 26, 2015 rule in OMB Collection number 
0607-0152 in Supplement No. 1 to part 730. This change is necessary to 
ensure immediate, accurate and complete implementation of the purposes 
of the August 26, 2015 final rule.
    Further, no other law requires that a notice of proposed rulemaking 
and an opportunity for public comment be given for this final rule. 
Because a notice of proposed rulemaking and an opportunity for public 
comment are not required to be given for this rule under the 
Administrative Procedure Act or by any other law, the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. Therefore, this regulation is issued in final form.

List of Subjects in CFR Part 730

    Administrative practice and procedure, Advisory committees, 
Exports, Reporting and recordkeeping requirements, Strategic and 
critical materials.
    For the reasons stated in the preamble, part 730 of the Export 
Administration Regulations (15 CFR parts 730-774) is amended as 
follows:

PART 730--[AMENDED]

0
1. The authority citation for 15 CFR part 730 continues to read as 
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 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); Notice of 
September 18, 2015, 80 FR 57281 (September 22, 2015).

Supplement No. 1 to Part 730--[Amended]

0
2. Supplement No. 1 to part 730 is amended by revising the entry for 
Collection number ``0607-0152'' to read as follows:

 Supplement No. 1 to Part 730--Information Collection Requirements Under
            the Paperwork Reduction Act: OMB Control Numbers
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------------------------------------------------------------------------
 
                              * * * * * * *
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Collection No.                 Title.................  Reference in the
                                                        EAR
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                              * * * * * * *
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.
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    Dated: November 5, 2015.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2015-29084 Filed 11-13-15; 8:45 am]
 BILLING CODE 3510-33-P