80 FR 75633 - Wassenaar Arrangement 2014 Plenary Agreements Implementation and Country Policy Amendments; Correction
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 80, Issue 232 (December 3, 2015)
Bureau of Industry and Security
Federal Register Volume 80, Issue 232 (December 3, 2015)
| Page Range | 75633-75636 | |
| FR Document | 2015-30253 |
[Federal Register Volume 80, Number 232 (Thursday, December 3, 2015)] [Rules and Regulations] [Pages 75633-75636] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30253] [[Page 75633]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 738, 740, 743, 772 and 774 [Docket No. 150304217-5727-02] RIN 0694-AG44 Wassenaar Arrangement 2014 Plenary Agreements Implementation and Country Policy Amendments; Correction AGENCY: Bureau of Industry and Security, Commerce. ACTION: Correcting amendments. ----------------------------------------------------------------------- SUMMARY: The Bureau of Industry and Security (BIS) maintains, as part of its Export Administration Regulations (EAR), the Commerce Control List (CCL), which identifies certain of the items subject to Department of Commerce jurisdiction. This correction rule revises the Commerce Country Chart by implementing revisions that BIS inadvertently omitted from the ``Wassenaar Arrangement 2014 Plenary Agreements Implementation and Country Policy Amendments'' rule published on May 21, 2015 (80 FR 29442) (``May 21 rule''), for Argentina and South Africa. This rule also implements the Wassenaar Arrangement (WA) agreement to make a clarification to the control text for rebreathing equipment that BIS inadvertently did not make in the May 21 rule. A license requirement note indicating jurisdiction is corrected and a related control note is clarified in an entry on the CCL controlling space launch vehicles and ``spacecraft,'' ``space buses,'' ``spacecraft payloads,'' etc., as the range of the reference was incorrectly stated in the May 21 rule. The reference concerning jurisdiction for ``specially designed'' parts, components, systems and structures, for launch vehicles, launch vehicle propulsion systems or ``spacecraft'' is corrected in the CCL entry controlling such items in this rule. In addition, this rule makes one minor correction to remove Fiji from Column D:5 ``U.S. Arms Embargoed Countries,'' as well as from Country Group D, because Fiji is not listed under any other column within Country Group D and because the Department of State published a final rule that revised the International Traffic in Arms Regulations (ITAR) to rescind the previous policy of denying the export of defense articles and defense services to Fiji. Lastly, this rule removes an outdated reference in the Definitions part of the EAR. DATES: This rule is effective December 3, 2015. FOR FURTHER INFORMATION CONTACT: For general questions contact Sharron Cook, Office of Exporter Services, Bureau of Industry and Security, U.S. Department of Commerce at 202-482 2440 or by email: [email protected]. For technical questions contact: Categories 7 & 9: Daniel Squire 202-482-3710 or Reynaldo Garcia 202-482-3462 Category 8: Michael Tu 202-482-6462 SUPPLEMENTARY INFORMATION: Background Supplement No. 1 to Part 738--Commerce Country Chart In the May 21 rule, Argentina and South Africa were added to Country Group A:1. The intent of that rule was also to harmonize Country Group A:1 with national security column 2 and regional stability column 2 of the Commerce Country Chart. However, BIS inadvertently did not remove the corresponding Xs for South Africa and Argentina. Therefore, the Commerce Country Chart is corrected by revising the second columns for national security (NS:2), and regional stability (RS:2) in order to harmonize these columns with the newly revised Country Group A:1, making the license requirement consistent with the risk of diversion to unauthorized end users, end uses and destinations. Specifically, this rule would remove the X, i.e., license requirement, in the NS:2 Column for South Africa, as well as remove the X in the RS:2 Column for Argentina and South Africa, because the risk of diversion to unauthorized destinations, parties or uses is low for these countries. Both Argentina and South Africa are WA Participating States, but are not NATO member countries. Part 740--Country Groups This rule removes Fiji from Country Group D:5 ``U.S. Arms Embargoed Countries,'' and from Country Group D in Supplement No. 1 to part 740 of the EAR. This minor correction is not the result of a Wassenaar Arrangement agreement, but rather of a final rule published by the Department of State on May 29, 2015, 80 FR 30614 titled ``Amendment to the International Traffic in Arms Regulations: Policy on Exports to the Republic of Fiji.'' The State Department's rule revised ITAR Sec. 126.1 to remove Fiji from paragraph (p), establishing that it is the policy of the United States to no longer deny licenses or other approval for exports or imports of defense articles and defense services destined for or originating in Fiji. The reasoning behind the change stated in the State Department rule was, ``On September 17, 2014, Fiji's acting government followed through on its longstanding commitment to hold democratic elections.'' There are specific license exception restrictions that pertain to Country Group D:5 that will no longer apply to Fiji. See Part 740 of the EAR. This revision also affects the national security (Sec. 742.4) and regional stability (Sec. 742.6) license review policy for 9x515 or ``600 series'' ECCNs when destined to Fiji, as well as the application of the de minimis rules (Sec. 734.4) for foreign products incorporating controlled U.S. content destined to Fiji. Section 743.3 Thermal Imaging Camera Reporting BIS inadvertently removed a thermal imaging camera reporting requirement exemption for Canada in the May 21 rule. The reporting requirements for thermal imaging cameras are corrected by exempting Canada from the reporting requirements, as was the policy prior to the publication of the May 21, 2015, Wassenaar rule. The exception is added to paragraph (b) of Sec. 743.3 of the EAR. Part 772--Definitions This rule removes a reference for ``signal analyzer (dynamic) . . .'' that was inadvertently not removed when the definition for ``dynamic signal analyzer'' was removed from this part. Supplement No. 1 to Part 774--Commerce Control List ECCN 8A620--Submersible Vessels, Oceanographic and Associated Commodities The May 21 rule inadvertently did not make a regulatory amendment that should have been made to implement a 2014 Wassenaar Arrangement agreement pertaining to diving and underwater swimming apparatus specially designed and modified for military use. The EAR amendment, which this rule makes, replaces paragraph .f with a new paragraph containing two subparagraphs: Subparagraph f.1 for self-contained diving rebreathers, closed or semi-closed circuit; and subparagraph f.2 for underwater swimming apparatus ``specially designed'' for use with equipment specified in paragraph f.1. Paragraph f.1 narrows the scope by adding the ``self-contained'' parameter, while f.2 is an expansion of controls. [[Page 75634]] ECCN 9A004 Space Launch Vehicles and ``Spacecraft'' The May 21 rule added paragraphs a. through f. to ECCN 9A004 in order to harmonize that ECCN with the Wassenaar dual-use list entry 9.A.4., even though the controls for these goods would be under ECCN 9A515. Because the EAR is used globally for export compliance, BIS decided that it would be easier for people to find these goods on the list where they would expect to find them on the European Union List or on the CCL prior to Export Control Reform (ECR) (in ECCN 9A004) and then follow the references in ECCN 9A004 to USML Category IV or ECCN 9A515. However, the range of reference for the paragraphs impacted by ECCN 9A515 in the License Requirement Note for 9A004.a was incorrect. The range of reference in the License Requirement Note is corrected to read ``9A004.b through .f.'' Also, Note 3 in the Related Controls is revised for clarity. 9A010 ``Specially Designed'' ``Parts,'' ``Components,'' Systems and Structures, for Launch Vehicles, Launch Vehicle Propulsion Systems or ``Spacecraft'' The Heading to ECCN 9A010 is corrected by removing the reference to the ITAR for jurisdiction over these items and instead referring to the newly added Related Controls paragraph. The added Related Controls paragraph refers to USML Category IV of the ITAR and ECCN 9A604 for paragraphs 9A010.a, .b and .d, as well as USML Category XV of the ITAR and ECCN 9A515 for paragraph 9A010.c. The Related Controls paragraph also refers to Supplement No. 4 to part 774, Order of Review, because one is supposed to review the referenced ITAR category first and if the item is not found there, then the referenced CCL ECCN should be reviewed to determine classification of items specified in ECCN 9A010. 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. Saving Clause Shipments of items removed from license exception eligibility or eligibility for export, reexport, or transfer (in-country) without a license as a result of this regulatory action that were on dock for loading, on lighter, laden aboard a carrier, or en route aboard a carrier to a port, on December 3, 2015, pursuant to actual orders to a destination, may proceed to that destination under the previous license exception eligibility or without a license so long as they have been exported, reexported, or transferred (in-country) before February 1, 2016. Any such items not actually exported, reexported, or transferred (in-country) before midnight, on February 1, 2016, require a license in accordance with this regulation. Rulemaking Requirements 1. Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been determined to be not significant for purposes of Executive Order 12866. 2. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. This rule involves two collections of information subject to the PRA. One of the collections has been approved by OMB under control number 0694-0088, ``Multi-Purpose Application,'' and carries a burden hour estimate of 58 minutes for a manual or electronic submission. The other of the collections has been approved by OMB under control number 0694-0106, ``Reporting and Recordkeeping Requirements under the Wassenaar Arrangement,'' and carries a burden hour estimate of 21 minutes for a manual or electronic submission. Send comments regarding these burden estimates or any other aspect of these collections of information, including suggestions for reducing the burden, to OMB Desk Officer, New Executive Office Building, Washington, DC 20503; and to Jasmeet Seehra, OMB Desk Officer, by email at [email protected] or by fax to (202) 395-7285; and to the Office of Administration, Bureau of Industry and Security, Department of Commerce, 1401 Constitution Ave. NW., Room 6622, Washington, DC 20230. 3. This rule does not contain policies with Federalism implications as that term is defined under Executive Order 13132. 4. The provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public participation, and a 30-day delay in effective date, are inapplicable because this regulation involves a military and foreign affairs function of the United States (5 U.S.C. 553(a)(1)). Immediate implementation of these amendments fulfills the United States' international obligation to the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies. The Wassenaar Arrangement contributes to international security and regional stability by promoting greater responsibility in transfers of conventional arms and dual use goods and technologies, thus preventing destabilizing accumulations of such items. The Wassenaar Arrangement consists of 41 member countries that act on a consensus basis. The corrections set forth in this rule ensure the correct implementation of agreements reached at the December 2014 plenary session of the WA. Because the United States is a significant exporter of the items covered by this rule, implementation of this rule is necessary for the WA to achieve its purpose. Any delay in implementation will create a disruption in the movement of affected items globally because of disharmony between export control measures implemented by WA members. Export controls work best when all countries implement the same export controls in a timely manner. If this rulemaking were delayed to allow for notice and comment and a 30-day delay in effectiveness, it would prevent the United States from fulfilling its commitment to the WA in a timely manner and would injure the credibility of the United States in this and other multilateral regimes. The removal of Fiji from Country Group D:5 also involves a military and foreign affairs function of the United States (5 U.S.C. 553(a)(1)). Country Group D:5 identifies countries that are [[Page 75635]] subject to a United States arms embargo for purposes of some license requirements and license exception availability. Designating a country as subject to a United States arms embargo is a function of the Department of State. The Department of State has determined that is in the best interests of U.S. foreign policy, national security, and human rights concerns to rescind the previous policy of denying the export of defense articles and defense services to Fiji. In this rule, BIS is merely recording the removal of the arms embargo in Fiji in its regulations to be consistent with the overall U.S. government policy regarding sales of military items that is set by the State Department. Even if BIS received public comments recommending that the arms embargo on Fiji be restored, BIS has no authority to take that action. Incurring the expense and delay of the notice and comment process in a situation where BIS has no authority to take action in response to those comments would be contrary to the public interest. 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. Although there is no formal comment period, public comments on this regulation are welcome on a continuing basis. Comments should be submitted to Sharron Cook, Office of Exporter Services, Bureau of Industry and Security, Department of Commerce, 14th and Pennsylvania Ave. NW., Room 2099, Washington, DC 20230. List of Subjects 15 CFR Parts 738 and 772 Exports. 15 CFR Part 740 Administrative practice and procedure, Exports, Reporting and recordkeeping requirements. 15 CFR Part 743 Administrative practice and procedure, Reporting and recordkeeping requirements. 15 CFR Part 774 Exports, Reporting and recordkeeping requirements. Accordingly, Parts 738, 740, 743, 772 and 774 of the Export Administration Regulations (15 CFR parts 730 through 774) are amended as follows: PART 738 [AMENDED] 0 1. The authority citation for part 738 continues to read as follows: Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015). Supplement No. 1 to Part 738 [AMENDED] 0 2. Supplement No. 1 is amended by: 0 a. Removing the X from the RS:2 column for Argentina; and 0 b. Removing the X from the NS:2 column and the RS:2 column for South Africa. PART 740 [AMENDED] 0 3. The authority citation for part 740 continues to read as follows: Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015). 0 4. Supplement No. 1 to part 740, Country Group D is amended by removing the entry for Fiji from the table. PART 743 [AMENDED] 0 5. The authority citation for part 743 continues to read as follows: Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; 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). 0 6. Section 743.3 is amended by revising paragraph (b) to read as follows: Sec. 743.3 Thermal imaging camera reporting. * * * * * (b) Transactions to be reported. Exports that are not authorized by an individually validated license of thermal imaging cameras controlled by ECCN 6A003.b.4.b to a destination in Country Group A:1 (see Supplement No. 1 to part 740 of the EAR), except Canada, must be reported to BIS. * * * * * PART 772 [AMENDED] 0 7. The authority citation for part 772 continues to read as follows: Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015). Sec. 772.1 [Amended] 0 8. In Sec. 772.1, remove the entry ``Signal analyzers. (dynamic) (Cat 3)--(See ``Dynamic signal analyzers''.)'' PART 774 [AMENDED] 0 9. The authority citation for part 774 continues to read as follows: Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015). 0 10. In Supplement No. 1 to part 774, Category 8, ECCN 8A620 is amended by revising Items paragraph f., to read as follows: Supplement No. 1 to Part 774--The Commerce Control List * * * * * 8A620 Submersible vessels, oceanographic and associated commodities (see List of Items Controlled). * * * * * List of Items Controlled * * * * * Items: * * * * * f. Diving and underwater swimming apparatus specially designed or modified for military use, as follows: f.1. Self-contained diving rebreathers, closed or semi-closed circuit; f.2. Underwater swimming apparatus specially designed for use with the diving apparatus specified in subparagraph f.1; N.B.: See also 8A002.q. * * * * * 0 11. In Supplement No. 1 to part 774, Category 9, ECCN 9A004 is amended by: 0 a. Revising the License Requirement Note in the License Requirements section; and 0 b. Revising Note 3 in the Related Controls paragraph of the List of Items Controlled section, to read as follows: [[Page 75636]] 9A004 Space Launch Vehicles and ``Spacecraft,'' ``Spacecraft Buses,'' ``Spacecraft Payloads,'' ``Spacecraft'' On-board Systems or Equipment, and Terrestrial Equipment, as Follows (see List of Items Controlled). License Requirements * * * * * License Requirements Note: 9A004.b through .f are controlled under ECCN 9A515. * * * * * List of Items Controlled Related Controls*** (3) See USML Categories IV for the space launch vehicles and XV for other spacecraft that are ``subject to the ITAR'' (see 22 CFR parts 120 through 130). * * * * * 0 12. In Supplement No. 1 to part 774, Category 9, ECCN 9A010 is amended by: 0 a. Revising the Heading; and 0 b. Adding a Related Controls Note to the List of Items Controlled Section, to read as follows: 9A010 ``Specially Designed'' ``Parts,'' ``Components,'' Systems and Structures, for Launch Vehicles, Launch Vehicle Propulsion Systems or ``Spacecraft''. (See Related Controls paragraph.) List of Items Controlled Related Controls: (1) See USML Category IV of the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120 through 130) and ECCN 9A604 for paragraphs 9A010.a, .b and .d. (2) See USML Category XV of the ITAR and ECCN 9A515 for paragraph 9A010.c. (3) See Supplement No. 4 to part 774, Order of Review for guidance on the process for determining classification of items. * * * * * Dated: November 23, 2015. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2015-30253 Filed 12-2-15; 8:45 am] BILLING CODE 3510-33-P
![Federal Register / Vol. 80, No. 232 / Thursday, December 3, 2015 / Rules and Regulations 75633
DEPARTMENT OF COMMERCE DATES: This rule is effective December 3, services destined for or originating in
2015. Fiji. The reasoning behind the change
Bureau of Industry and Security FOR FURTHER INFORMATION CONTACT: For stated in the State Department rule was,
general questions contact Sharron Cook, ‘‘On September 17, 2014, Fiji’s acting
15 CFR Parts 738, 740, 743, 772 and Office of Exporter Services, Bureau of government followed through on its
774 Industry and Security, U.S. Department longstanding commitment to hold
[Docket No. 150304217–5727–02] of Commerce at 202–482 2440 or by democratic elections.’’ There are
email: Sharron.Cook@bis.doc.gov. specific license exception restrictions
RIN 0694–AG44 For technical questions contact: that pertain to Country Group D:5 that
Categories 7 & 9: Daniel Squire 202– will no longer apply to Fiji. See Part 740
Wassenaar Arrangement 2014 Plenary
482–3710 or Reynaldo Garcia 202–482– of the EAR. This revision also affects the
Agreements Implementation and
3462 national security (§ 742.4) and regional
Country Policy Amendments;
Category 8: Michael Tu 202–482–6462
Correction stability (§ 742.6) license review policy
SUPPLEMENTARY INFORMATION:
for 9x515 or ‘‘600 series’’ ECCNs when
AGENCY: Bureau of Industry and
Security, Commerce. Background destined to Fiji, as well as the
Supplement No. 1 to Part 738— application of the de minimis rules
ACTION: Correcting amendments.
Commerce Country Chart (§ 734.4) for foreign products
SUMMARY: The Bureau of Industry and incorporating controlled U.S. content
Security (BIS) maintains, as part of its In the May 21 rule, Argentina and destined to Fiji.
Export Administration Regulations South Africa were added to Country
(EAR), the Commerce Control List Group A:1. The intent of that rule was Section 743.3 Thermal Imaging
(CCL), which identifies certain of the also to harmonize Country Group A:1 Camera Reporting
items subject to Department of with national security column 2 and
regional stability column 2 of the BIS inadvertently removed a thermal
Commerce jurisdiction. This correction imaging camera reporting requirement
rule revises the Commerce Country Commerce Country Chart. However, BIS
inadvertently did not remove the exemption for Canada in the May 21
Chart by implementing revisions that
corresponding Xs for South Africa and rule. The reporting requirements for
BIS inadvertently omitted from the
‘‘Wassenaar Arrangement 2014 Plenary Argentina. Therefore, the Commerce thermal imaging cameras are corrected
Agreements Implementation and Country Chart is corrected by revising by exempting Canada from the reporting
Country Policy Amendments’’ rule the second columns for national requirements, as was the policy prior to
published on May 21, 2015 (80 FR security (NS:2), and regional stability the publication of the May 21, 2015,
29442) (‘‘May 21 rule’’), for Argentina (RS:2) in order to harmonize these Wassenaar rule. The exception is added
and South Africa. This rule also columns with the newly revised to paragraph (b) of § 743.3 of the EAR.
implements the Wassenaar Arrangement Country Group A:1, making the license
requirement consistent with the risk of Part 772—Definitions
(WA) agreement to make a clarification
to the control text for rebreathing diversion to unauthorized end users, This rule removes a reference for
equipment that BIS inadvertently did end uses and destinations. Specifically, ‘‘signal analyzer (dynamic) . . .’’ that
not make in the May 21 rule. A license this rule would remove the X, i.e., was inadvertently not removed when
requirement note indicating jurisdiction license requirement, in the NS:2 the definition for ‘‘dynamic signal
is corrected and a related control note Column for South Africa, as well as analyzer’’ was removed from this part.
is clarified in an entry on the CCL remove the X in the RS:2 Column for
controlling space launch vehicles and Argentina and South Africa, because the Supplement No. 1 to Part 774—
‘‘spacecraft,’’ ‘‘space buses,’’ ‘‘spacecraft risk of diversion to unauthorized Commerce Control List
payloads,’’ etc., as the range of the destinations, parties or uses is low for
ECCN 8A620—Submersible Vessels,
reference was incorrectly stated in the these countries. Both Argentina and
Oceanographic and Associated
May 21 rule. The reference concerning South Africa are WA Participating
States, but are not NATO member Commodities
jurisdiction for ‘‘specially designed’’
parts, components, systems and countries. The May 21 rule inadvertently did not
structures, for launch vehicles, launch Part 740—Country Groups make a regulatory amendment that
vehicle propulsion systems or should have been made to implement a
‘‘spacecraft’’ is corrected in the CCL This rule removes Fiji from Country
2014 Wassenaar Arrangement agreement
entry controlling such items in this rule. Group D:5 ‘‘U.S. Arms Embargoed
pertaining to diving and underwater
In addition, this rule makes one minor Countries,’’ and from Country Group D
in Supplement No. 1 to part 740 of the swimming apparatus specially designed
correction to remove Fiji from Column
EAR. This minor correction is not the and modified for military use. The EAR
D:5 ‘‘U.S. Arms Embargoed Countries,’’
result of a Wassenaar Arrangement amendment, which this rule makes,
as well as from Country Group D,
because Fiji is not listed under any agreement, but rather of a final rule replaces paragraph .f with a new
other column within Country Group D published by the Department of State on paragraph containing two
and because the Department of State May 29, 2015, 80 FR 30614 titled subparagraphs: Subparagraph f.1 for
published a final rule that revised the ‘‘Amendment to the International self-contained diving rebreathers, closed
International Traffic in Arms Traffic in Arms Regulations: Policy on or semi-closed circuit; and
Regulations (ITAR) to rescind the Exports to the Republic of Fiji.’’ The subparagraph f.2 for underwater
Lhorne on DSK5TPTVN1PROD with RULES
previous policy of denying the export of State Department’s rule revised ITAR swimming apparatus ‘‘specially
defense articles and defense services to § 126.1 to remove Fiji from paragraph designed’’ for use with equipment
Fiji. (p), establishing that it is the policy of specified in paragraph f.1. Paragraph f.1
Lastly, this rule removes an outdated the United States to no longer deny narrows the scope by adding the ‘‘self-
reference in the Definitions part of the licenses or other approval for exports or contained’’ parameter, while f.2 is an
EAR. imports of defense articles and defense expansion of controls.
VerDate Sep<11>2014 15:09 Dec 02, 2015 Jkt 238001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\03DER1.SGM 03DER1](https://thefederalregister.org/doc/80_FR_75865/page/1.svg)
![Federal Register / Vol. 80, No. 232 / Thursday, December 3, 2015 / Rules and Regulations 75635
subject to a United States arms embargo Accordingly, Parts 738, 740, 743, 772 PART 772 [AMENDED]
for purposes of some license and 774 of the Export Administration
requirements and license exception Regulations (15 CFR parts 730 through ■ 7. The authority citation for part 772
availability. Designating a country as 774) are amended as follows: continues to read as follows:
subject to a United States arms embargo
is a function of the Department of State. PART 738 [AMENDED] Authority: 50 U.S.C. app. 2401 et seq.; 50
The Department of State has determined U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
that is in the best interests of U.S. ■ 1. The authority citation for part 738 3 CFR, 2001 Comp., p. 783; Notice of August
foreign policy, national security, and continues to read as follows: 7, 2015, 80 FR 48233 (August 11, 2015).
human rights concerns to rescind the Authority: 50 U.S.C. app. 2401 et seq.; 50 § 772.1 [Amended]
previous policy of denying the export of U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
defense articles and defense services to 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et ■ 8. In § 772.1, remove the entry ‘‘Signal
Fiji. In this rule, BIS is merely recording seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); analyzers. (dynamic) (Cat 3)—(See
42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C.
the removal of the arms embargo in Fiji ‘‘Dynamic signal analyzers’’.)’’
1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
in its regulations to be consistent with U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
the overall U.S. government policy 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. PART 774 [AMENDED]
regarding sales of military items that is 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
set by the State Department. Even if BIS Comp., p. 783; Notice of August 7, 2015, 80 ■ 9. The authority citation for part 774
received public comments FR 48233 (August 11, 2015). continues to read as follows:
recommending that the arms embargo
Supplement No. 1 to Part 738 Authority: 50 U.S.C. app. 2401 et seq.; 50
on Fiji be restored, BIS has no authority
[AMENDED] U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
to take that action. Incurring the 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
expense and delay of the notice and ■ 2. Supplement No. 1 is amended by: seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u);
comment process in a situation where ■ a. Removing the X from the RS:2 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C.
BIS has no authority to take action in column for Argentina; and 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
response to those comments would be ■ b. Removing the X from the NS:2 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
contrary to the public interest. column and the RS:2 column for South 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
Further, no other law requires that a Africa. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
notice of proposed rulemaking and an Comp., p. 783; Notice of August 7, 2015, 80
opportunity for public comment be PART 740 [AMENDED] FR 48233 (August 11, 2015).
given for this final rule. Because a
notice of proposed rulemaking and an ■ 3. The authority citation for part 740 ■ 10. In Supplement No. 1 to part 774,
opportunity for public comment are not continues to read as follows: Category 8, ECCN 8A620 is amended by
required to be given for this rule under Authority: 50 U.S.C. app. 2401 et seq.; 50 revising Items paragraph f., to read as
the Administrative Procedure Act or by U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; follows:
any other law, the analytical E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp.,
Supplement No. 1 to Part 774—The
requirements of the Regulatory p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Commerce Control List
Flexibility Act (5 U.S.C. 601 et seq.) are Comp., p. 783; Notice of August 7, 2015, 80
not applicable. Therefore, this FR 48233 (August 11, 2015). * * * * *
regulation is issued in final form. ■ 4. Supplement No. 1 to part 740, 8A620 Submersible vessels, oceanographic
Although there is no formal comment Country Group D is amended by and associated commodities (see List of
period, public comments on this removing the entry for Fiji from the Items Controlled).
regulation are welcome on a continuing table. * * * * *
basis. Comments should be submitted to
Sharron Cook, Office of Exporter PART 743 [AMENDED] List of Items Controlled
Services, Bureau of Industry and * * * * *
Security, Department of Commerce, ■ 5. The authority citation for part 743 Items:
14th and Pennsylvania Ave. NW., Room continues to read as follows:
* * * * *
2099, Washington, DC 20230. Authority: 50 U.S.C. app. 2401 et seq.; 50 f. Diving and underwater swimming
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, apparatus specially designed or modified for
List of Subjects 3 CFR, 2001 Comp., p. 783; E.O. 13637 of military use, as follows:
15 CFR Parts 738 and 772 March 8, 2013, 78 FR 16129 (March 13,
f.1. Self-contained diving rebreathers,
2013); 78 FR 16129; Notice of August 7, 2015,
80 FR 48233 (August 11, 2015). closed or semi-closed circuit;
Exports.
f.2. Underwater swimming apparatus
15 CFR Part 740 ■ 6. Section 743.3 is amended by specially designed for use with the diving
revising paragraph (b) to read as follows: apparatus specified in subparagraph f.1;
Administrative practice and N.B.: See also 8A002.q.
procedure, Exports, Reporting and § 743.3 Thermal imaging camera reporting.
recordkeeping requirements. * * * * * * * * * *
(b) Transactions to be reported. ■ 11. In Supplement No. 1 to part 774,
15 CFR Part 743
Exports that are not authorized by an Category 9, ECCN 9A004 is amended by:
Administrative practice and individually validated license of
Lhorne on DSK5TPTVN1PROD with RULES
thermal imaging cameras controlled by ■ a. Revising the License Requirement
procedure, Reporting and recordkeeping
requirements. ECCN 6A003.b.4.b to a destination in Note in the License Requirements
Country Group A:1 (see Supplement No. section; and
15 CFR Part 774 1 to part 740 of the EAR), except ■ b. Revising Note 3 in the Related
Exports, Reporting and recordkeeping Canada, must be reported to BIS. Controls paragraph of the List of Items
requirements. * * * * * Controlled section, to read as follows:
VerDate Sep<11>2014 15:09 Dec 02, 2015 Jkt 238001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\03DER1.SGM 03DER1](https://thefederalregister.org/doc/80_FR_75865/page/3.svg)
![75636 Federal Register / Vol. 80, No. 232 / Thursday, December 3, 2015 / Rules and Regulations
9A004 Space Launch Vehicles and Avenue Bridge across the English Kills, ENVIRONMENTAL PROTECTION
‘‘Spacecraft,’’ ‘‘Spacecraft Buses,’’ mile 3.4, at New York City, New York. AGENCY
‘‘Spacecraft Payloads,’’ ‘‘Spacecraft’’ On- This deviation is necessary to perform
board Systems or Equipment, and Terrestrial operating machinery installation. This 40 CFR Part 52
Equipment, as Follows (see List of Items
Controlled).
deviation allows the bridge to remain in [EPA–R06–OAR–2012–0400; FRL–9939–47–
the closed position for approximately 3 Region 6]
License Requirements days.
* * * * * Approval and Promulgation of
License Requirements Note: 9A004.b
DATES: This deviation is effective from
Implementation Plans; New Mexico;
through .f are controlled under ECCN 9A515. 6 a.m. on December 7, 2015 to 5 p.m.
Albuquerque-Bernalillo County;
on December 10, 2015.
* * * * * Infrastructure and Interstate Transport
ADDRESSES: The docket for this State Implementation Plan for the 2008
List of Items Controlled
deviation, [USCG–2015–1019] is Lead National Ambient Air Quality
Related Controls*** (3) See USML available at http://www.regulations.gov. Standards
Categories IV for the space launch vehicles
and XV for other spacecraft that are ‘‘subject FOR FURTHER INFORMATION CONTACT: If AGENCY: Environmental Protection
to the ITAR’’ (see 22 CFR parts 120 through you have questions on this temporary Agency (EPA).
130). deviation, call or email Ms. Judy K. ACTION: Final rule.
* * * * * Leung-Yee, Project Officer, First Coast
Guard District, telephone (212) 514– SUMMARY: EPA is approving a State
■ 12. In Supplement No. 1 to part 774, Implementation Plan (SIP) submission
Category 9, ECCN 9A010 is amended by: 4330, email judy.k.leung-yee@uscg.mil.
from the Governor of New Mexico for
■ a. Revising the Heading; and SUPPLEMENTARY INFORMATION: New York the City of Albuquerque-Bernalillo
■ b. Adding a Related Controls Note to City DOT requested this temporary County for the 2008 Lead (Pb) National
the List of Items Controlled Section, to deviation from the normal operating Ambient Air Quality Standards
read as follows: schedule to perform operating (NAAQS). The submittal addresses how
9A010 ‘‘Specially Designed’’ ‘‘Parts,’’ machinery installation. the existing SIP provides for
‘‘Components,’’ Systems and Structures, for The Metropolitan Avenue Bridge, implementation, maintenance, and
Launch Vehicles, Launch Vehicle Propulsion mile 3.4, across the English Kills has a enforcement of the 2008 Pb NAAQS
Systems or ‘‘Spacecraft’’. (See Related vertical clearance in the closed position (infrastructure SIP or i-SIP). This i-SIP
Controls paragraph.) of 10 feet at mean high water and 15 feet ensures that the State’s SIP for
List of Items Controlled at mean low water. The existing bridge Albuquerque-Bernalillo County is
Related Controls: (1) See USML Category operating regulations are found at 33 adequate to meet the state’s
IV of the International Traffic in Arms CFR 117.801(e). responsibilities under the Federal Clean
Regulations (ITAR) (22 CFR parts 120 Air Act (CAA or Act), including the four
The waterway has one commercial
through 130) and ECCN 9A604 for CAA requirements for interstate
facility located upstream of the bridge.
paragraphs 9A010.a, .b and .d. (2) See USML transport of Pb emissions.
Category XV of the ITAR and ECCN 9A515 Under this temporary deviation, the DATES: This final rule is effective on
for paragraph 9A010.c. (3) See Supplement Metropolitan Avenue Bridge may January 4, 2016.
No. 4 to part 774, Order of Review for remain in the closed position from 6
guidance on the process for determining ADDRESSES: EPA has established a
a.m. on December 7, 2015 through 5
classification of items. docket for this action under Docket ID
p.m. on December 10, 2015.
No. EPA–R06–OAR–2012–0400. All
* * * * * Vessels able to pass through the documents in the docket are listed on
Dated: November 23, 2015. bridge in the closed positions may do so the http://www.regulations.gov Web
Kevin J. Wolf, at any time. The bridge will not be able site. Although listed in the index, some
Assistant Secretary for Export to open for emergencies and there is no information is not publicly available,
Administration. immediate alternate route for vessel to e.g., Confidential Business Information
[FR Doc. 2015–30253 Filed 12–2–15; 8:45 am] pass. or other information whose disclosure is
BILLING CODE 3510–33–P The Coast Guard will also inform the restricted by statute. Certain other
users of the waterways through our material, such as copyrighted material,
Local and Broadcast Notice to Mariners is not placed on the Internet and will be
DEPARTMENT OF HOMELAND of the change in operating schedule for publicly available only in hard copy
SECURITY the bridge so that vessels can arrange form. Publicly available docket
their transits to minimize any impact materials are available either
Coast Guard caused by the temporary deviation. electronically through http://
In accordance with 33 CFR 117.35(e), www.regulations.gov or in hard copy at
33 CFR Part 117 the drawbridge must return to its regular EPA Region 6, 1445 Ross Avenue, Suite
operating schedule immediately at the 700, Dallas, Texas 75202–2733.
[Docket No. USCG–2015–1019]
end of the effective period of this FOR FURTHER INFORMATION CONTACT:
Drawbridge Operation Regulation; temporary deviation. This deviation Tracie Donaldson, 214–665–6633,
English Kills, New York City, NY from the operating regulations is donaldson.tracie@epa.gov.
authorized under 33 CFR 117.35. SUPPLEMENTARY INFORMATION:
AGENCY: Coast Guard, DHS. Throughout this document wherever
Lhorne on DSK5TPTVN1PROD with RULES
Dated: November 18, 2015.
ACTION:Notice of deviation from ‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean
C.J. Bisignano, the EPA.
drawbridge regulation.
Supervisory Bridge Management Specialist,
SUMMARY: The Coast Guard has issued a First Coast Guard District. I. Background
temporary deviation from the operating [FR Doc. 2015–30587 Filed 12–2–15; 8:45 am] The background for this action is
schedule that governs the Metropolitan BILLING CODE 9110–04–P discussed in detail in our September 11,
VerDate Sep<11>2014 15:09 Dec 02, 2015 Jkt 238001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\03DER1.SGM 03DER1](https://thefederalregister.org/doc/80_FR_75865/page/4.svg)
Document Created: 2015-12-14 13:51:29
Document Modified: 2015-12-14 13:51:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Correcting amendments. | |
| Dates | This rule is effective December 3, 2015. | |
| Contact | For general questions contact Sharron Cook, Office of Exporter Services, Bureau of Industry and Security, U.S. Department of Commerce at 202-482 2440 or by email: [email protected] | |
| FR Citation | 80 FR 75633 | |
| RIN Number | 0694-AG44 | |
| CFR Citation | 15
CFR
738 15 CFR 740 15 CFR 743 15 CFR 772 15 CFR 774 | |
| CFR Associated | Exports; Administrative Practice and Procedure and Reporting and Recordkeeping Requirements |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR