81 FR 15633 - Temporary General License
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 81, Issue 57 (March 24, 2016)
Bureau of Industry and Security
Federal Register Volume 81, Issue 57 (March 24, 2016)
| Page Range | 15633-15635 | |
| FR Document | 2016-06689 |
[Federal Register Volume 81, Number 57 (Thursday, March 24, 2016)] [Rules and Regulations] [Pages 15633-15635] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06689] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [Docket No. 160106014-6262-02] RIN 0694-AG82 Temporary General License AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule creates a temporary general license that temporarily restores the licensing requirements and policies under the Export Administration Regulations (EAR) for exports, reexports, and transfers (in-country) to two entities added to the Entity List on March 8, 2016. BIS is issuing this rule in connection with a request to remove or modify the listing. DATES: This rule is effective March 24, 2016 through June 30, 2016. FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee, Office of the Assistant Secretary, Export Administration, Bureau of Industry and Security, Department of Commerce, [[Page 15634]] Phone: (202) 482-5991, Fax: (202) 482-3911, Email: [email protected]. SUPPLEMENTARY INFORMATION: Background The Entity List (Supplement No. 4 to Part 744) identifies entities and other persons reasonably believed to be involved, or to pose a significant risk of being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States. The End-User Review Committee (ERC), composed of representatives of the Departments of Commerce (Chair), State, Defense, Energy and, where appropriate, the Treasury, makes all decisions regarding additions to, removals from, or other modifications to the Entity List. The ERC makes all decisions to add an entry to the Entity List by majority vote and all decisions to remove or modify an entry by unanimous vote. This final rule does not amend the Entity List, but modifies an entry on the Entity List as described further below by adding a temporary general license for two entities recently added to the Entity List. Addition of ZTE to the Entity List and Overview of Requests for Removal BIS added Zhongxing Telecommunications Equipment (ZTE) Corporation (ZTE Corporation), ZTE Kangxun Telecommunications Ltd. (ZTE Kangxun), and two other entities to the Entity List on March 8, 2016. Details regarding the scope of the listing are at 81 FR 12004 (Mar. 8, 2016), (``Additions to the Entity List''). Each person on the Entity List has the right to request that its listing on the Entity List be removed or modified. Instructions on the request for removal or modification process are found at Sec. 744.16 of the EAR. The ERC reviews such requests in accordance with the procedures set forth in Supplement No. 5 to part 744. Specifically, as part of its review of requests to remove or modify a listing, the ERC will consider whether the circumstances that led to the decision to add the entity to the Entity List continue to exist. This includes reviewing whether there continues to be reasonable cause to believe, based on specific and articulable facts, that the entity has been involved, is involved, or poses a significant risk of being or becoming involved in activities that are contrary to the national security or foreign policy interests of the United States--the standard for revising the Entity List established in Sec. 744.11(b) of the EAR. In connection with a request by ZTE Corporation and ZTE Kangxun to remove or modify their listings on the Entity List submitted to BIS pursuant to the foregoing provisions, and binding commitments made by these entities to the U.S. Government, BIS is modifying the effect of their entries on the Entity List by adding a temporary general license to restore temporarily the status quo ante licensing policy pertaining to exports, reexports, and transfers (in-country) to ZTE Corporation and ZTE Kangxun. This final rule does not apply to the other two entities added to Supplement No. 4 to part 744 (The Entity List) on March 8, 2016. Specifically, this final rule makes the following change to the EAR: Addition of Temporary General License This final rule amends the EAR by adding Supplement No. 7 to Part 744 to create a Temporary General License that returns until June 30, 2016 the licensing and other policies of the EAR regarding exports, reexports, and transfers (in-country) to Zhongxing Telecommunications Equipment (ZTE) Corporation and ZTE Kangxun to that which was in effect just prior to their having been added to the Entity List on March 8, 2016. For example, the authority of NLR or a License Exception that was available as of March 7, 2016, may be used as per this temporary general license. The temporary general license is renewable if the U.S. Government determines, in its sole discretion, that ZTE Corporation and ZTE Kangxun are timely performing their undertakings to the U.S. Government and otherwise cooperating with the U.S. Government in resolving the matter. The impact of this temporary general license is that the license and other requirements specified in Sec. 744.11 and Supplement No. 4 to part 744 pertaining to exports, reexports, and transfers (in- country) to ZTE Corporation and ZTE Kangxun do not apply during the period the temporary general license is in effect. This means that the license requirements, license review policies, and license exceptions that applied on March 7, 2016, are applicable regarding exports, reexports, and transfers (in-country) to ZTE Corporation and ZTE Kangxun until June 30, 2016, unless amended. However, the temporary general license does not relieve persons of other obligations under part 744 of the EAR or under other parts of the EAR, such as those specified in Sec. Sec. 744.2, 744.3 and 744.4 of the EAR. For example, this temporary general license does not relieve persons of their obligations under General Prohibition 5 in Sec. 736.2(b)(5) of the EAR which provides that, ``you may not, without a license, knowingly export or reexport any item subject to the EAR to an end-user or end-use that is prohibited by part 744 of the EAR.'' Additionally, this temporary general license does not relieve persons of their obligation to apply for export, reexport, or in-country transfer licenses required by other provisions of the EAR. BIS strongly urges the use of Supplement No. 3 to part 732 of the EAR, ``BIS's `Know Your Customer' Guidance and Red Flags,'' when persons are involved in transactions that are subject to the EAR. 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, 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 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 regulation involves collections previously approved by OMB under control number 0694-0088, Simplified Network Application Processing System, which includes, among other things, license [[Page 15635]] applications and carries a burden estimate of 43.8 minutes for a manual or electronic submission. Total burden hours associated with the PRA and OMB control number 0694-0088 are not expected to increase as a result of this rule. You may send comments regarding the collection of information associated with this rule, including suggestions for reducing the burden, to Jasmeet K. Seehra, Office of Management and Budget (OMB), by email to [email protected], or by fax to (202) 395-7285. 3. This rule does not contain policies with Federalism implications as that term is defined in 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 comment, and a delay in effective date are inapplicable because this regulation involves a military or foreign affairs function of the United States. (See 5 U.S.C. 553(a)(1)). If this rule were delayed to allow for notice and comment and a delay in effective date, then the national security and foreign policy objectives of this rule would be harmed. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule by 5 U.S.C. 553, or by any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared. List of Subject in 15 CFR Part 744 Exports, Reporting and recordkeeping requirements, Terrorism. Accordingly, part 744 of the Export Administration Regulations (15 CFR parts 730 through 774) is amended as follows: PART 744--[AMENDED] 0 1. The authority citation for 15 CFR part 744 continues to read as follows: Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; 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; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015); Notice of September 18, 2015, 80 FR 57281 (September 22, 2015); Notice of November 12, 2015, 80 FR 70667 (November 13, 2015); Notice of January 20, 2016, 81 FR 3937 (January 22, 2016). 0 2. Add Supplement No. 7 to part 744 to read as follows: SUPPLEMENT NO. 7 TO PART 744--TEMPORARY GENERAL LICENSE Notwithstanding the requirements and other provisions of supplement 4 to part 744, which became effective on March 8, 2016, the licensing and other requirements in the EAR as of March 7, 2016, pertaining to exports, reexports, and transfers (in-country) of items ``subject to the EAR'' to Zhongxing Telecommunications Equipment (ZTE) Corporation, ZTE Plaza, Keji Road South, Hi-Tech Industrial Park, Nanshan District, Shenzhen, China, and ZTE Kangxun Telecommunications Ltd., 2/3 Floor, Suite A, ZTE Communication Mansion Keji (S) Road, Hi-New Shenzhen, 518057 China, are restored as of March 24, 2016 and through June 30, 2016. Thus, for example, the authority of NLR or a License Exception that was available as of March 7, 2016, may be used as per this temporary general license. The temporary general license is renewable if the U.S. Government determines, in its sole discretion, that ZTE Corporation and ZTE Kangxun are timely performing their undertakings to the U.S. Government and otherwise cooperating with the U.S. Government in resolving the matter. Dated: March 21, 2016. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2016-06689 Filed 3-21-16; 4:15 pm] BILLING CODE 3510-33-P
![Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Rules and Regulations 15633
Washington, IA, Washington Muni, Takeoff Wilmington, OH, Wilmington Air Park, VOR Auburn, WA, Auburn Muni, AUBURN ONE
Minimums and Obstacle DP, Amdt 2 RWY 22R, Amdt 4C, CANCELED Graphic DP, CANCELED
Indianapolis, IN, Eagle Creek Airpark, Wilmington, OH, Wilmington Air Park, VOR/ Cumberland, WI, Cumberland Muni, GPS
Takeoff Minimums and Obstacle DP, Amdt DME RWY 22R, Amdt 5, CANCELED RWY 27, Orig, CANCELED
3 Tulsa, OK, Tulsa Intl, ILS OR LOC RWY 18L, Cumberland, WI, Cumberland Muni, RNAV
Winamac, IN, Arens Field, RNAV (GPS) RWY Amdt 16 (GPS) RWY 9, Orig
9, Amdt 1 Tulsa, OK, Tulsa Intl, ILS OR LOC RWY 18R, Cumberland, WI, Cumberland Muni, RNAV
Winamac, IN, Arens Field, RNAV (GPS) RWY Amdt 7D (GPS) RWY 27, Orig
27, Amdt 1 Tulsa, OK, Tulsa Intl, ILS OR LOC RWY 36R, Cumberland, WI, Cumberland Muni, Takeoff
Independence, KS, Independence Muni, ILS RWY 36R (SA CAT I), ILS RWY 36R Minimums and Obstacle DP, Orig
RNAV (GPS) RWY 17, Amdt 1 (CAT II), Amdt 29E Lake Geneva, WI, Grand Geneva Resort,
Springfield, KY, Lebanon Springfield-George Tulsa, OK, Tulsa Intl, RNAV (GPS) RWY 8, Takeoff Minimums and Obstacle DP, Amdt
Hoerter Field, RNAV (GPS) RWY 11, Amdt Amdt 2A 1
1 Tulsa, OK, Tulsa Intl, RNAV (GPS) RWY 18L, Wisconsin Rapids, WI, Alexander Field
Springfield, KY, Lebanon Springfield-George Amdt 1C South Wood County, NDB RWY 30, Amdt
Hoerter Field, RNAV (GPS) RWY 29, Amdt Tulsa, OK, Tulsa Intl, RNAV (GPS) RWY 18R, 9A, CANCELED
1 Amdt 1D
Springfield, KY, Lebanon Springfield-George Tulsa, OK, Tulsa Intl, RNAV (GPS) RWY 26, Effective 28 APRIL 2016
Hoerter Field, Takeoff Minimums and Amdt 3D Pittsburgh, PA, Pittsburgh Intl, RNAV (RNP)
Obstacle DP, Amdt 3 Tulsa, OK, Tulsa Intl, RNAV (GPS) RWY 36L, Z RWY 32, Amdt 1C
Cumberland, MD, Greater Cumberland Rgnl, Orig-D RESCINDED: On February 19, 2016 (81 FR
LOC–A, Amdt 4, CANCELED Tulsa, OK, Tulsa Intl, RNAV (GPS) RWY 36R, 8394), the FAA published an Amendment in
Cumberland, MD, Greater Cumberland Rgnl, Amdt 1B Docket No. 31058, Amdt No. 3679, to Part 97
LOC/DME RWY 23, Amdt 7 Tulsa, OK, Tulsa Intl, Takeoff Minimums and of the Federal Aviation Regulations, under
Cumberland, MD, Greater Cumberland Rgnl, Obstacle DP, Amdt 1A section 97.23. The following entries for
RNAV (GPS) RWY 5, Amdt 2 Dillon, SC, Dillon County, NDB RWY 7, Greenville, MS, Rochester, NY, and Aiken,
Cumberland, MD, Greater Cumberland Rgnl, Amdt 5A, CANCELED SC, effective March 3, 2016, are hereby
Takeoff Minimums and Obstacle DP, Amdt Centerville, TN, Centerville Muni, VOR RWY rescinded in their entirety:
7 2, Amdt 6, CANCELED
Centerville, TN, Centerville Muni, VOR/DME Greenville, MS, Greenville Mid-Delta, VOR/
Blue Earth, MN, Blue Earth Muni, NDB OR
OR GPS RWY 2, Amdt 2, CANCELED DME RWY 18L, Amdt 13A, CANCELED
GPS RWY 34, Amdt 1, CANCELED
Sparta, TN, Upper Cumberland Rgnl, RNAV Rochester, NY, Greater Rochester Intl, VOR/
Blue Earth, MN, Blue Earth Muni, RNAV
(GPS) RWY 4, Orig-C DME RWY 4, Amdt 4A, CANCELED
(GPS) RWY 34, Orig
Dallas, TX, Dallas Executive, VOR RWY 31, Aiken, SC, Aiken Muni, VOR/DME–A, Amdt
Blue Earth, MN, Blue Earth Muni, Takeoff
Amdt 1, CANCELED 1A, CANCELED
Minimums and Obstacle DP, Orig
Park Rapids, MN, Park Rapids Muni-Konshok Dallas, TX, Dallas Love Field, ILS OR LOC [FR Doc. 2016–06324 Filed 3–23–16; 8:45 am]
Field, VOR RWY 31, Amdt 14A, RWY 31L, Amdt 22 BILLING CODE 4910–13–P
CANCELED Dallas, TX, Dallas Love Field, ILS OR LOC
Warroad, MN, Warroad Intl Memorial, RNAV RWY 31R, ILS RWY 31R (SA CAT I), Amdt
(GPS) RWY 13, Amdt 1 6
St Louis, MO, Spirit of St Louis, ILS OR LOC Dallas, TX, Dallas Love Field, ILS Y OR LOC DEPARTMENT OF COMMERCE
RWY 8R, Amdt 14A Y RWY 13L, Amdt 33
St Louis, MO, Spirit of St Louis, ILS OR LOC Dallas, TX, Dallas Love Field, ILS Y OR LOC Bureau of Industry and Security
RWY 26L, Orig-C Y RWY 13R, Amdt 5A
St Louis, MO, Spirit of St Louis, NDB RWY Dallas, TX, Dallas Love Field, RNAV (GPS) 15 CFR Part 744
8R, Amdt 11E Y RWY 13L, Amdt 1B
St Louis, MO, Spirit of St Louis, NDB RWY Dallas, TX, Dallas Love Field, RNAV (GPS) [Docket No. 160106014–6262–02]
26L, Amdt 3A Y RWY 13R, Orig-A
RIN 0694–AG82
St Louis, MO, Spirit of St Louis, RNAV (GPS) Dallas, TX, Dallas Love Field, RNAV (GPS)
RWY 8L, Orig-A Y RWY 31L, Amdt 1D
St Louis, MO, Spirit of St Louis, RNAV (GPS) Dallas, TX, Dallas Love Field, RNAV (GPS)
Temporary General License
RWY 8R, Orig-A Y RWY 31R, Amdt 2 AGENCY: Bureau of Industry and
St Louis, MO, Spirit of St Louis, RNAV (GPS) Dallas, TX, Dallas Love Field, RNAV (GPS) Security, Commerce.
RWY 26L, Orig-B Z RWY 13L, Amdt 3
St Louis, MO, Spirit of St Louis, RNAV (GPS) Dallas, TX, Dallas Love Field, RNAV (GPS) ACTION: Final rule.
RWY 26R, Orig-A Z RWY 13R, Amdt 1B
Greenville, MS, Greenville Mid-Delta, VOR/ Dallas, TX, Dallas Love Field, RNAV (RNP) SUMMARY: This final rule creates a
DME RWY 18L, Amdt 13A, CANCELED W RWY 13L, Orig-B temporary general license that
Bowman, ND, Bowman Regional, RNAV Dallas, TX, Dallas Love Field, RNAV (RNP) temporarily restores the licensing
(GPS) RWY 13, Orig W RWY 13R, Orig-C requirements and policies under the
Bowman, ND, Bowman Regional, RNAV Dallas, TX, Dallas Love Field, RNAV (RNP) Export Administration Regulations
(GPS) RWY 31, Orig X RWY 13L, Orig-B (EAR) for exports, reexports, and
Bowman, ND, Bowman Regional, Takeoff Dallas, TX, Dallas Love Field, RNAV (RNP) transfers (in-country) to two entities
Minimums and Obstacle DP, Orig X RWY 13R, Orig-C
added to the Entity List on March 8,
Columbus, OH, Port Columbus Intl, ILS OR Dallas, TX, Dallas Love Field, RNAV (RNP)
LOC RWY 28L, ILS RWY 28L (SA CAT I), Z RWY 31L, Orig-B 2016. BIS is issuing this rule in
ILS RWY 28L (SA CAT II), Amdt 30 Dallas, TX, Dallas Love Field, RNAV (RNP) connection with a request to remove or
modify the listing.
asabaliauskas on DSK3SPTVN1PROD with RULES
Wilmington, OH, Wilmington Air Park, ILS Z RWY 31R, Orig-B
OR LOC RWY 22R, ILS RWY 22R (CAT II), Wichita Falls, TX, Kickapoo Downtown, DATES: This rule is effective March 24,
ILS RWY 22R (CAT III), Amdt 5B RNAV (GPS) RWY 35, Amdt 1 2016 through June 30, 2016.
Wilmington, OH, Wilmington Air Park, NDB Logan, UT, Logan-Cache, ILS OR LOC/DME
FOR FURTHER INFORMATION CONTACT:
RWY 4L, Amdt 2E, CANCELED RWY 17, Amdt 1
Wilmington, OH, Wilmington Air Park, NDB Logan, UT, Logan-Cache, RNAV (GPS) RWY Chair, End-User Review Committee,
RWY 22R, Amdt 7E, CANCELED 17, Amdt 2 Office of the Assistant Secretary, Export
Wilmington, OH, Wilmington Air Park, VOR Logan, UT, Logan-Cache, RNAV (GPS) RWY Administration, Bureau of Industry and
RWY 4L, Amdt 6, CANCELED 35, Amdt 3 Security, Department of Commerce,
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![Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Rules and Regulations 15635
applications and carries a burden 2015, 80 FR 57281 (September 22, 2015); 026–1 is designed to ensure that
estimate of 43.8 minutes for a manual or Notice of November 12, 2015, 80 FR 70667 applicable entities use protective relay
electronic submission. (November 13, 2015); Notice of January 20, systems that can differentiate between
Total burden hours associated with 2016, 81 FR 3937 (January 22, 2016). faults and stable power swings.
the PRA and OMB control number ■ 2. Add Supplement No. 7 to part 744 DATES: This rule will become effective
0694–0088 are not expected to increase to read as follows: May 23, 2016.
as a result of this rule. You may send FOR FURTHER INFORMATION CONTACT:
comments regarding the collection of SUPPLEMENT NO. 7 TO PART 744—
TEMPORARY GENERAL LICENSE Kenneth Hubona (Technical
information associated with this rule, Information), Office of Electric
including suggestions for reducing the Notwithstanding the requirements Reliability, Federal Energy Regulatory
burden, to Jasmeet K. Seehra, Office of and other provisions of supplement 4 to Commission, 888 First Street NE.,
Management and Budget (OMB), by part 744, which became effective on Washington, DC 20426, (301) 665–
email to Jasmeet_K._Seehra@ March 8, 2016, the licensing and other 1608, kenneth.hubona@ferc.gov.
omb.eop.gov, or by fax to (202) 395– requirements in the EAR as of March 7, Kevin Ryan (Legal Information), Office
7285. 2016, pertaining to exports, reexports, of the General Counsel, Federal
3. This rule does not contain policies and transfers (in-country) of items Energy Regulatory Commission, 888
with Federalism implications as that ‘‘subject to the EAR’’ to Zhongxing First Street NE., Washington, DC
term is defined in Executive Order Telecommunications Equipment (ZTE) 20426, (202) 502–6840, kevin.ryan@
13132. Corporation, ZTE Plaza, Keji Road ferc.gov.
4. The provisions of the South, Hi-Tech Industrial Park,
SUPPLEMENTARY INFORMATION:
Administrative Procedure Act (5 U.S.C. Nanshan District, Shenzhen, China, and
553) requiring notice of proposed ZTE Kangxun Telecommunications Ltd., Order No. 823
rulemaking, the opportunity for public 2/3 Floor, Suite A, ZTE Communication Final Rule
comment, and a delay in effective date Mansion Keji (S) Road, Hi-New
are inapplicable because this regulation Shenzhen, 518057 China, are restored as 1. Pursuant to section 215 of the
involves a military or foreign affairs of March 24, 2016 and through June 30, Federal Power Act (FPA), the
function of the United States. (See 5 2016. Thus, for example, the authority Commission approves Reliability
U.S.C. 553(a)(1)). If this rule were of NLR or a License Exception that was Standard PRC–026–1 (Relay
delayed to allow for notice and available as of March 7, 2016, may be Performance During Stable Power
comment and a delay in effective date, used as per this temporary general Swings).1 The North American Electric
then the national security and foreign license. The temporary general license Reliability Corporation (NERC), the
policy objectives of this rule would be is renewable if the U.S. Government Commission-certified Electric
harmed. Because a notice of proposed determines, in its sole discretion, that Reliability Organization (ERO),
rulemaking and an opportunity for ZTE Corporation and ZTE Kangxun are developed and submitted Reliability
public comment are not required to be timely performing their undertakings to Standard PRC–026–1 for Commission
given for this rule by 5 U.S.C. 553, or the U.S. Government and otherwise approval. Reliability Standard PRC–
by any other law, the analytical cooperating with the U.S. Government 026–1 applies to planning coordinators
requirements of the Regulatory in resolving the matter. and to generator owners and
Flexibility Act, 5 U.S.C. 601 et seq., are transmission owners that apply certain
Dated: March 21, 2016.
not applicable. Accordingly, no load-responsive protective relays in
Kevin J. Wolf, specific, identified circumstances.
regulatory flexibility analysis is required
and none has been prepared. Assistant Secretary for Export Reliability Standard PRC–026–1 is
Administration. designed to ensure the use of protective
List of Subject in 15 CFR Part 744 [FR Doc. 2016–06689 Filed 3–21–16; 4:15 pm] relay systems that can differentiate
Exports, Reporting and recordkeeping BILLING CODE 3510–33–P between faults and stable power swings.
requirements, Terrorism. 2. The Commission determines that
Accordingly, part 744 of the Export Reliability Standard PRC–026–1
Administration Regulations (15 CFR DEPARTMENT OF ENERGY satisfies the directive in Order No. 733
parts 730 through 774) is amended as concerning undesirable relay operation
follows: Federal Energy Regulatory due to power swings.2 The Commission
Commission concludes that Reliability Standard
PART 744—[AMENDED] PRC–026–1 provides an equally
18 CFR Part 40 effective and efficient alternative to the
■ 1. The authority citation for 15 CFR Order No. 733 directive requiring the
[Docket No. RM15–8–000; Order No. 823]
part 744 continues to read as follows: use of protective relay systems that can
Authority: 50 U.S.C. 4601 et seq.; 50 Relay Performance During Stable differentiate between faults and stable
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; Power Swings Reliability Standard power swings and, when necessary,
42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 retirement of protective relay systems
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, AGENCY: Federal Energy Regulatory that cannot meet this requirement.3
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, Commission, DOE. 3. The Commission approves NERC’s
3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 ACTION: Final rule. assigned violation risk factors, violation
asabaliauskas on DSK3SPTVN1PROD with RULES
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
12947, 60 FR 5079, 3 CFR, 1995 Comp., p. SUMMARY: The Federal Energy 1 16 U.S.C. 824o.
356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Regulatory Commission approves 2 Transmission Relay Loadability Reliability
Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR
Reliability Standard PRC–026–1 (Relay Standard, Order No. 733, 130 FERC ¶ 61,221, at P
Performance During Stable Power 153 (2010), order on reh’g and clarification, Order
44025, 3 CFR, 2001 Comp., p. 783; E.O. No. 733–A, 134 FERC ¶ 61,127, order on reh’g and
13224, 66 FR 49079, 3 CFR, 2001 Comp., p. Swings), submitted by the North clarification, Order No. 733–B, 136 FERC ¶ 61,185
786; Notice of August 7, 2015, 80 FR 48233 American Electric Reliability (2011).
(August 11, 2015); Notice of September 18, Corporation. Reliability Standard PRC– 3 Id. P 150.
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Document Created: 2016-03-24 00:58:01
Document Modified: 2016-03-24 00:58:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective March 24, 2016 through June 30, 2016. | |
| Contact | Chair, End-User Review Committee, Office of the Assistant Secretary, Export Administration, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482-5991, Fax: (202) 482-3911, Email: [email protected] | |
| FR Citation | 81 FR 15633 | |
| RIN Number | 0694-AG82 | |
| CFR Associated | Exports; Reporting and Recordkeeping Requirements and Terrorism |
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