81 FR 36481 - Amendment to the Export Administration Regulations: Removal of Special Iraq Reconstruction License
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 81, Issue 109 (June 7, 2016)
Bureau of Industry and Security
Federal Register Volume 81, Issue 109 (June 7, 2016)
| Page Range | 36481-36484 | |
| FR Document | 2016-13397 |
[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)] [Proposed Rules] [Pages 36481-36484] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13397] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 730, 747, 748, and 762 [Docket No. 160303182-6182-01] RIN 0694-AG89 Amendment to the Export Administration Regulations: Removal of Special Iraq Reconstruction License AGENCY: Bureau of Industry and Security, Commerce. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: In this rule, the Bureau of Industry and Security (BIS) proposes to amend the Export Administration Regulations (EAR) to remove the Special Iraq Reconstruction License (SIRL) from the EAR. The action, if published in final form, would further the objectives of the Retrospective Regulatory Review Initiative that directs BIS and other federal agencies to streamline regulations and reduce unnecessary regulatory burdens on the public. Specifically, the SIRL is outdated and seldom used by exporters, who now have more efficient options for exports and reexports to Iraq and transfers (in-country) in Iraq. This rule also makes conforming changes. DATES: Comments must be received by July 7, 2016. ADDRESSES: You may submit comments by any of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. The identification number for this rulemaking is BIS-2016-0017. By email directly to: publiccomments@bis.doc.gov. Include RIN 0694-AG89 in the subject line. By mail or delivery to Regulatory Policy Division, Bureau of Industry and Security, U.S. Department of Commerce, Room 2099B, 14th Street and Pennsylvania Avenue NW., Washington, DC 20230. Refer to RIN 0694-AG89. [[Page 36482]] 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) 482-8016 or by email at Thomas.Andrukonis@bis.doc.gov. SUPPLEMENTARY INFORMATION: Background In this rule, the Bureau of Industry and Security (BIS) proposes to continue to advance the President's directives in the Retrospective Regulatory Review Initiative to streamline regulations, reduce unnecessary regulatory burdens on the public and modernize export controls. (See ``Improving Regulatory Review'' (Executive Order 13563 of January 18, 2011). Consistent with these directives and objectives, in this rule, BIS proposes to remove the Special Iraq Reconstruction License (SIRL) from the Export Administration Regulations (EAR). BIS established the SIRL in 2004 (69 FR 46070, July 30, 2004) to supplement options to facilitate exports and reexports to Iraq and transfers within Iraq of items in furtherance of civil reconstruction and other projects in Iraq funded by specified entities, including the United States government. At the time of its establishment, SIRL was intended to benefit the public by allowing for faster processing times as compared to individual license applications, and longer license validity periods, which would extend to the completion or discontinuation of the associated reconstruction project (in contrast, individual license applications generally only had a two-year validity period). However, exporters supplying items used in support of the civil reconstruction efforts in Iraq have not relied on the SIRL to advance those efforts, apparently because of its complexity and narrowness. Since 2004, BIS has processed only three applications for the SIRL, and granted only one approval, as compared to over 400 approved individual license applications for items to Iraq between 2012 and 2015. A SIRL applicant must provide details regarding the items to be exported or reexported to or transferred within Iraq, a narrative statement to identify all parties to the transaction, and a description of the reconstruction project that formed the basis of the transaction. In addition, the applicant must provide separate written statements from all agencies providing funding, and certification that all parties to the transaction will obtain licenses prior to transferring the items on the license application within Iraq or reexporting the items to end users not authorized under the SIRL. SIRL holders must submit reports when the Iraq project is discontinued or is completed and must get approval from BIS to make specified changes to the respective SIRL. These requirements are numerous compared to the individual license application process or the use of other authorizations such as eligible license exceptions, resulting in exporters choosing to apply for or use individual licenses and other authorizations under the EAR to ship items to Iraq instead of the SIRL. In addition, with the implementation of updates to the EAR, the relative advantages of the SIRL have been offset by changes to individual licenses and other types of authorizations offered by BIS that provide less complex alternatives to the SIRL. For example, in addition to streamlined procedures for submitting license applications and improved processing times, BIS now issues individual licenses with a four-year validity period, with agency consideration of requests to extend the validity period. Similarly, most individual licenses now do not include a requirement for reports on the authorized items exported or reexported. Additionally, license exceptions such as License Exception Temporary imports, exports, and reexports, and transfers (in- country) (TMP) (Section 740.9 of the EAR) have been expanded. (TMP now includes authorizations for temporary exports to a U.S. person's foreign subsidiary, affiliates, or facility abroad outside of Country Group B. Additionally, BIS will, upon request, authorize the retention of items abroad that were exported under License Exception TMP beyond one year and up to a total of four years.) Thus, the SIRL has proven not to be useful. Its removal from the EAR is consistent with and would advance regulatory initiatives priorities. As part of the removal, this rule also would make conforming changes in 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, reducing costs, harmonizing rules, and promoting flexibility. This rule has been determined to be not significant for purposes of Executive Order 12866. 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; and 0694-0137, ``License Exemptions and Exclusions.'' 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 proposed removal of part 747 of the EAR and related provisions if the rule is eventually issued in final form, thereby reducing burden hours associated with approved collections related to the EAR. Public comment is sought regarding: whether the collection of information, for the provisions BIS proposes to remove, is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the burden estimate; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information, including through the use of automated collection techniques or other forms of information technology. Send comments on these or any other aspects of the collection of information to Regulatory Policy Division, Bureau of Industry and Security, U.S. Department of Commerce at the ADDRESSES above, and email to OMB at OIRA_Submission@omb.eop.gov, or fax to (202) 395-7285. 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 [[Page 36483]] 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. Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.). The Chief Counsel for Regulation of the Department of Commerce has certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted in final form, would not have a significant economic impact on a substantial number of small entities. Economic Impact. BIS believes this rule would have no economic impact, because, although this rule would eliminate the availability of the SIRL, entities are not using the SIRL. Moreover, they could still obtain individual validated licenses from BIS to export their product(s). The individual validated licenses that BIS issues are generally less burdensome and require fewer compliance/reporting measures than the measures required for a SIRL. For example, a SIRL applicant must provide a narrative statement to identify all parties to the transaction, and a description of the reconstruction project. In addition, the applicant must provide separate written statements for all participating agencies and certification that all parties to the transaction will obtain licenses prior to transferring items within Iraq or reexporting items outside of Iraq for end users not authorized under the SIRL. SIRL holders must submit reports when the Iraq project is discontinued or is completed and must get prior approval for any changes to their SIRL. Although these requirements may be included as conditions on an individual validated license, BIS's license applications review process for individual validated licenses includes other methods, less burdensome on the exporter, to vet the bona fides of parties to the proposed transaction and to verify compliance. Also, impacted entities would have the convenience of applying for a license via the Simplified Network Application Process-Redesign (SNAP-R) System, an updated system for electronically filing export and reexport license applications, which is not available for the submission of SIRL applications. Finally, the historical lack of usage of the SIRL does not warrant maintaining such a complex option. Number of Small Entities. Since the SIRL's introduction in 2004, there have been only three applications for it, with only one application approved. Due to the nature of the SIRL and the complexity of its requirements, BIS expects that past applicants would be considered large entities under the Small Business Administration's size standards. However, BIS does not collect data on the size or annual revenue of these entities, and thus some of these entities may be considered small under the SBA size standards. Also, although small entities likely would not be the direct or the primary users of the SIRL, BIS acknowledges that small entities may have been parties to SIRL transactions. To assist in the evaluation of a significant economic impact of this rule on a substantial number of small entities, BIS welcomes comments to explain how and to what extent your business or organization could be affected, if your business or organization is a small entity and if adoption of any of the amendments discussed in this proposed rulemaking could have a significant financial impact on your operations. List of Subjects 15 CFR Part 730 Administrative practice and procedure, Advisory committees, Exports, Reporting and recordkeeping requirements, Strategic and critical materials. 15 CFR Part 747 Administrative practice and procedure, Exports, Foreign trade, Reporting and recordkeeping requirements. 15 CFR Part 748 Administrative practice and procedure, Exports, Reporting and recordkeeping requirements. 15 CFR Part 762 Administrative practice and procedure, Business and industry, Confidential business information, Exports, Reporting and recordkeeping requirements. Accordingly, parts 730, 747, 748 and 762 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 continues to read as follows: Authority: 50 U.S.C. 4601 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; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. 4305; 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, 78 FR 16129, 3 CFR, 2014 Comp., p. 223; 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); Notice of November 12, 2015, 80 FR 70667 (November 13, 2015); Notice of January 20, 2016, 81 FR 3937 (January 22, 2016). Supplement No. 1 to Part 730-- [Amended] 0 2. Supplement No. 1 to Part 730 is amended by revising the entry for Collection number ``0694-0129''. The revision reads as follows: SUPPLEMENT NO. 1 TO PART 730--INFORMATION COLLECTION REQUIREMENTS UNDER THE PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS * * * * * ------------------------------------------------------------------------ Collection No. Title Reference in the EAR ------------------------------------------------------------------------ * * * * * * * 0694-0129................... Export and Reexport Sec. Sec. 732.3, Controls For Iraq. 738, 744.18, 746.3(b)(1), 750, 758, 762, 772, 774. ------------------------------------------------------------------------ [[Page 36484]] * * * * * PART 747--[REMOVED AND RESERVED] 0 3. Remove and reserve part 747. PART 748--[AMENDED] 0 4. The authority citation for part 748 continues to read as follows: Authority: 50 U.S.C. 4601 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 5. Section 748.1 is amended by removing the parenthetical phrase ``(other than Special Iraq Reconstruction License applications)'' from the first sentence of paragraph (d). Sec. 748.7--[Amended] 0 6. Section 748.7 is amended by removing the parenthetical phrase ``(other than Special Iraq Reconstruction Licenses)'' from paragraphs (a) and (d). PART 762--[AMENDED] 0 7. The authority citation for part 762 continues to read as follows: Authority: 50 U.S.C. 4601 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 8. Section 762.2 is amended by removing and reserving paragraph (b)(17). Dated: June 1, 2016. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2016-13397 Filed 6-6-16; 8:45 am] BILLING CODE 3510-33-P
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Hunger-Free Kids Act of 2010 (HHFKA), requirements, or disregarded a rulemaking, the economic effect is not
Public Law 111–296, that affect the requirement of which they have been expected to be significant as explained
integrity of the Child Nutrition informed. Section 303 also provides the below.
Programs, including the National School Secretary the authority to establish an The comment period for this
Lunch Program (NSLP), the Special assessment against any State agency if proposed rule is extended until July 7,
Milk Program for Children (SMP), the the Secretary determines the State 2016 to provide additional time for
School Breakfast Program (SBP), the agency has failed to correct severe interested parties to review and submit
Summer Food Service Program (SFSP), mismanagement of any program, failed comments on this proposed rule.
the Child and Adult Care Food Program to correct repeated violations of program Dated: June 2, 2016.
(CACFP), and State Administrative requirements, or disregarded a
Yvette S. Jackson,
Expense Funds (SAE). In addition, this requirement of which they have been
rule would incorporate policy changes informed. Acting Administrator, Food and Nutrition
Service.
resulting from several findings from Section 322 of the HHFKA: SFSP
Disqualification—Section 322 requires [FR Doc. 2016–13489 Filed 6–6–16; 8:45 am]
recently conducted targeted
management evaluations of the CACFP the Secretary to establish procedures for BILLING CODE 3410–30–P
by the Food and Nutrition Service the termination and disqualification of
(FNS), and USDA Office of Inspector entities participating in the SFSP, to
General audit findings, as well as other maintain a list of entities that have been DEPARTMENT OF COMMERCE
miscellaneous revisions to the terminated or disqualified from SFSP,
regulations. The rule is intended to and to make this list available to States Bureau of Industry and Security
improve the integrity of all Child for use in approving or renewing service
Nutrition Programs. institutions’ applications for SFSP 15 CFR Parts 730, 747, 748, and 762
USDA anticipates that the provisions participation. [Docket No. 160303182–6182–01]
under this proposed rule would be Section 331(b) of the HHFKA: State
implemented 90 days following Agency/Sponsor Review Requirements RIN 0694–AG89
publication of the final rule, with the in the CACFP—Section 331(b) requires
exception of those related to CACFP the Secretary to develop for State Amendment to the Export
audit funds and those related to agencies additional criteria or priorities Administration Regulations: Removal
assessments against State agencies and for use in choosing institutions for of Special Iraq Reconstruction License
program operators. The provision review, including institutions at risk of AGENCY: Bureau of Industry and
granting eligible State agencies having serious management problems Security, Commerce.
additional CACFP audit funds will be and institutions conducting activities ACTION: Proposed rule.
implemented upon publication of the other than the CACFP.
final rule. Because States and school Section 332 of the HHFKA: State SUMMARY: In this rule, the Bureau of
districts have been working diligently to Liability for Payments to Aggrieved Industry and Security (BIS) proposes to
implement the provisions of the Child Care Institutions—Section 332 amend the Export Administration
Healthy, Hunger-Free Kids Act, USDA requires State agencies to pay all valid Regulations (EAR) to remove the Special
anticipates that the provision claims for reimbursement, from non- Iraq Reconstruction License (SIRL) from
establishing criteria for assessments Federal sources, if the required the EAR. The action, if published in
against State agencies and program timeframes for a fair hearing are not final form, would further the objectives
operators would be implemented one met. of the Retrospective Regulatory Review
school year following publication of the Section 335 of the HHFKA: CACFP Initiative that directs BIS and other
final rule to provide entities the time Audit Funding—Section 335 allows the federal agencies to streamline
they need to complete successful Department to increase the amount of regulations and reduce unnecessary
implementation. audit funds made available to a CACFP regulatory burdens on the public.
State agency if the State agency Specifically, the SIRL is outdated and
Summary of the Major Provisions of the
demonstrates it can effectively use the seldom used by exporters, who now
Regulatory Action
funds to improve Program management have more efficient options for exports
The major provisions addressed in in accordance with criteria established and reexports to Iraq and transfers (in-
this rule are: by the Department.
Section 303 of the HHFKA: Fines for country) in Iraq. This rule also makes
Section 362 of the HHFKA: conforming changes.
Violating Program Requirements— Disqualified Schools, Institutions, and
Section 303 of the HHFKA requires the DATES: Comments must be received by
Individuals—Section 362 makes any
Secretary to establish criteria for the school, institution, service institution, July 7, 2016.
imposition of fines in the Child facility, or individual that has been ADDRESSES: You may submit comments
Nutrition Programs, referred to as terminated from any Child Nutrition by any of the following methods:
assessments in this proposed rule. An Program and who is on the CACFP or • Federal eRulemaking Portal: http://
assessment refers to a required payment SFSP National Disqualified List www.regulations.gov. The identification
of funds from non-Federal sources. ineligible for participation in or number for this rulemaking is BIS–
Under section 303, the Secretary or a administration of any Child Nutrition 2016–0017.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
State agency may establish an Program. • By email directly to:
assessment against any school food publiccomments@bis.doc.gov. Include
authority or school administering the Costs and Benefits RIN 0694–AG89 in the subject line.
Child Nutrition Programs if the While all entities—school food • By mail or delivery to Regulatory
Secretary or the State agency determines authorities, schools, institutions, Policy Division, Bureau of Industry and
that the school or school food authority sponsors sites, sponsoring Security, U.S. Department of Commerce,
failed to correct severe mismanagement organizations, day care centers and State Room 2099B, 14th Street and
of any program, failed to correct agencies—administering Child Nutrition Pennsylvania Avenue NW., Washington,
repeated violations of program Programs will be affected by this DC 20230. Refer to RIN 0694–AG89.
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with, a collection of information subject export and reexport license Confidential business information,
to the requirements of the PRA, unless applications, which is not available for Exports, Reporting and recordkeeping
that collection of information displays a the submission of SIRL applications. requirements.
currently valid OMB Control Number. Finally, the historical lack of usage of Accordingly, parts 730, 747, 748 and
3. This rule does not contain policies the SIRL does not warrant maintaining 762 of the Export Administration
with Federalism implications as that such a complex option. Regulations (15 CFR parts 730–774) are
term is defined under Executive Order Number of Small Entities. Since the
amended as follows:
13132. SIRL’s introduction in 2004, there have
4. Regulatory Flexibility Act of 1980 been only three applications for it, with PART 730—[AMENDED]
(5 U.S.C. 601 et seq.). The Chief Counsel only one application approved. Due to
for Regulation of the Department of the nature of the SIRL and the ■ 1. The authority citation for part 730
Commerce has certified to the Chief complexity of its requirements, BIS continues to read as follows:
Counsel for Advocacy of the Small expects that past applicants would be
Business Administration that this Authority: 50 U.S.C. 4601 et seq.; 50
considered large entities under the
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
proposed rule, if adopted in final form, Small Business Administration’s size 7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151 note;
would not have a significant economic standards. However, BIS does not 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30
impact on a substantial number of small collect data on the size or annual U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 43
entities. revenue of these entities, and thus some U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. 4305;
Economic Impact. BIS believes this of these entities may be considered 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
rule would have no economic impact, small under the SBA size standards. 11912, 41 FR 15825, 3 CFR, 1976 Comp., p.
because, although this rule would Also, although small entities likely 114; E.O. 12002, 42 FR 35623, 3 CFR, 1977
eliminate the availability of the SIRL, would not be the direct or the primary Comp., p. 133; E.O. 12058, 43 FR 20947, 3
entities are not using the SIRL. CFR, 1978 Comp., p. 179; E.O. 12214, 45 FR
users of the SIRL, BIS acknowledges
Moreover, they could still obtain 29783, 3 CFR, 1980 Comp., p. 256; E.O.
that small entities may have been 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
individual validated licenses from BIS parties to SIRL transactions. To assist in 608; E.O. 12854, 58 FR 36587, 3 CFR, 1993
to export their product(s). The the evaluation of a significant economic Comp., p. 179; E.O. 12918, 59 FR 28205, 3
individual validated licenses that BIS impact of this rule on a substantial CFR, 1994 Comp., p. 899; E.O. 12938, 59 FR
issues are generally less burdensome number of small entities, BIS welcomes 59099, 3 CFR, 1994 Comp., p. 950; E.O.
and require fewer compliance/reporting comments to explain how and to what 12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
measures than the measures required for extent your business or organization 356; E.O. 12981, 60 FR 62981, 3 CFR, 1995
a SIRL. For example, a SIRL applicant could be affected, if your business or Comp., p. 419; E.O. 13020, 61 FR 54079, 3
must provide a narrative statement to CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR
organization is a small entity and if
identify all parties to the transaction, 58767, 3 CFR, 1996 Comp., p. 228; E.O.
adoption of any of the amendments 13099, 63 FR 45167, 3 CFR, 1998 Comp., p.
and a description of the reconstruction discussed in this proposed rulemaking 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001
project. In addition, the applicant must could have a significant financial Comp., p. 783; E.O. 13224, 66 FR 49079, 3
provide separate written statements for impact on your operations. CFR, 2001 Comp., p. 786; E.O. 13338, 69 FR
all participating agencies and 26751, 3 CFR, 2004 Comp., p 168; E.O.
certification that all parties to the List of Subjects 13637, 78 FR 16129, 3 CFR, 2014 Comp., p.
transaction will obtain licenses prior to 15 CFR Part 730 223; Notice of May 6, 2015, 80 FR 26815
transferring items within Iraq or (May 8, 2015); Notice of August 7, 2015, 80
Administrative practice and FR 48233 (August 11, 2015); Notice of
reexporting items outside of Iraq for end
procedure, Advisory committees, September 18, 2015, 80 FR 57281 (September
users not authorized under the SIRL.
Exports, Reporting and recordkeeping 22, 2015); Notice of November 12, 2015, 80
SIRL holders must submit reports when
requirements, Strategic and critical FR 70667 (November 13, 2015); Notice of
the Iraq project is discontinued or is January 20, 2016, 81 FR 3937 (January 22,
materials.
completed and must get prior approval 2016).
for any changes to their SIRL. Although 15 CFR Part 747
these requirements may be included as Supplement No. 1 to Part 730—
Administrative practice and [Amended]
conditions on an individual validated procedure, Exports, Foreign trade,
license, BIS’s license applications Reporting and recordkeeping ■ 2. Supplement No. 1 to Part 730 is
review process for individual validated requirements. amended by revising the entry for
licenses includes other methods, less Collection number ‘‘0694–0129’’. The
burdensome on the exporter, to vet the 15 CFR Part 748 revision reads as follows:
bona fides of parties to the proposed Administrative practice and
transaction and to verify compliance. SUPPLEMENT NO. 1 TO PART 730—
procedure, Exports, Reporting and INFORMATION COLLECTION
Also, impacted entities would have the recordkeeping requirements.
convenience of applying for a license REQUIREMENTS UNDER THE
via the Simplified Network Application 15 CFR Part 762 PAPERWORK REDUCTION ACT: OMB
Process-Redesign (SNAP–R) System, an Administrative practice and CONTROL NUMBERS
updated system for electronically filing procedure, Business and industry, * * * * *
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Collection No. Title Reference in the EAR
* * * * * * *
0694–0129 ........................... Export and Reexport Controls For Iraq .......................... §§ 732.3, 738, 744.18, 746.3(b)(1), 750, 758, 762, 772,
774.
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* * * * * hold a public roundtable meeting, at jotchin@cftc.gov or 202–418–5623;
which invited participants will discuss Michael Penick, Economist, Office of
PART 747—[REMOVED AND specific elements of the Commission’s the Chief Economist (OCE), mpenick@
RESERVED] notice of proposed rulemaking (NPRM) cftc.gov or 202–418–5279; Richard
■ 3. Remove and reserve part 747. regarding Regulation Automated Haynes, Supervisory Research Analyst,
Trading (Regulation AT). The staff OCE, rhaynes@cftc.gov or 202–418–
PART 748—[AMENDED] roundtable, which will be held at the 5063; Carlin Metzger, Trial Attorney,
Commission’s Washington, DC, office, Division of Enforcement, cmetzger@
■ 4. The authority citation for part 748 will commence at 9:00 a.m. and end at cftc.gov or 312–596–0536; or John
continues to read as follows: 4:00 p.m. Additional information, Dunfee, Assistant General Counsel,
Authority: 50 U.S.C. 4601 et seq.; 50 including the agenda, is available in the Office of General Counsel, jdunfee@
U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, ‘‘Press Room’’ section of the cftc.gov or 202–418–5396.
3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 Commission’s Web site at www.cftc.gov.
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice SUPPLEMENTARY INFORMATION:
In conjunction with the staff roundtable
of August 7, 2015, 80 FR 48233 (August 11, I. Background
on June 10, the Commission is
2015).
reopening the comment period for
The Commission’s NPRM for
§ 748.1—[Amended] specific elements of Regulation AT. This
Regulation Automated Trading was
■ 5. Section 748.1 is amended by additional comment period is intended
published in the Federal Register on
removing the parenthetical phrase to accept public comments solely on the
December 17, 2015 (80 FR 78824). The
‘‘(other than Special Iraq Reconstruction specific items in the agenda and that
NPRM was open for a 90-day comment
License applications)’’ from the first arise during the staff roundtable.
period, from December 17, 2015 through
sentence of paragraph (d). DATES: The staff roundtable will take March 16, 2016. The comment file for
place on Friday, June 10, 2016, Regulation AT is available at: http://
§ 748.7—[Amended] commencing at 9:00 a.m. and ending at comments.cftc.gov/PublicComments/
■ 6. Section 748.7 is amended by 4:00 p.m. The comment period will be CommentList.aspx?id=1646.
removing the parenthetical phrase reopened as of June 10, 2016, and will
‘‘(other than Special Iraq Reconstruction close on June 24, 2016. II. Staff Roundtable Agenda
Licenses)’’ from paragraphs (a) and (d). ADDRESSES: Roundtable: The staff The staff roundtable 1 on June 10,
roundtable will take place in the 2016 will address the following items:
PART 762—[AMENDED]
Conference Center at the Commission’s (1) potential amendments to the
■ 7. The authority citation for part 762 headquarters at Three Lafayette Centre, proposed definition of ‘‘Direct
continues to read as follows: 1155 21st Street NW., Washington, DC. Electronic Access’’ (DEA), consistent
Authority: 50 U.S.C. 4601 et seq.; 50 Comments: Members of the public with and in furtherance of Regulation
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, may submit comment letters, identified AT’s proposed registration regime; (2)
3 CFR, 2001 Comp., p. 783; Notice of August by RIN 3038–AD52, by any of the potential quantitative measures to
7, 2015, 80 FR 48233 (August 11, 2015). following methods: establish the population of AT Persons;
• CFTC Web site: http:// (3) a potential alternative to Regulation
§ 762.2—[Amended] comments.cftc.gov. Follow the AT’s requirements for AT Persons in
■ 8. Section 762.2 is amended by instructions for submitting comments proposed §§ 1.80, 1.81, and 1.83(a),
removing and reserving paragraph through the Comments Online process which alternative could require that
(b)(17). on the Web site. FCMs impose specific requirements on
Dated: June 1, 2016. • Mail: Send to Christopher their customers and perform due
Kevin J. Wolf, Kirkpatrick, Secretary of the diligence regarding customers’
Assistant Secretary for Export
Commission, Commodity Futures compliance; (4) AT Persons’ compliance
Administration. Trading Commission, Three Lafayette with Regulation AT’s proposed
[FR Doc. 2016–13397 Filed 6–6–16; 8:45 am]
Centre, 1155 21st Street, NW., requirements for Algorithmic Trading
Washington, DC 20581. and Algorithmic Trading systems when
BILLING CODE 3510–33–P
• Hand Delivery/Courier: Same as using third-party algorithms or systems;
Mail, above. and (5) source code access and
• Federal eRulemaking Portal: http://
COMMODITY FUTURES TRADING retention.
www.regulations.gov. Follow the
COMMISSION instructions for submitting comments. The staff roundtable will be open to
the public with seating on a first-come,
FOR FURTHER INFORMATION CONTACT:
17 CFR Parts 1, 38, 40, and 170 first-served basis, and will take place in
Regarding the staff roundtable, please
RIN 3038–AD52 the Conference Center at the
contact the CFTC’s Office of Public
Commission’s headquarters at Three
Affairs at (202) 418–5080. Regarding the
Public Staff Roundtable on Elements Lafayette Centre, 1155 21st Street, NW.,
proposed rules in Regulation AT, please
of Regulation Automated Trading; Washington, DC. Members of the public
contact Sebastian Pujol Schott,
Reopening of Comment Period may also listen by telephone. Call-in
Associate Director, Division of Market
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
participants should be prepared to
AGENCY: Commodity Futures Trading Oversight (DMO), sps@cftc.gov or 202–
provide their first name, last name, and
Commission. 418–5641; Marilee Dahlman, Special
affiliation. The information for the
ACTION: Notice of staff roundtable Counsel, DMO, mdahlman@cftc.gov or
conference call may be found on the
discussion; reopening of comment 202–418–5264; Mark Schlegel, Special
CFTC’s Web site at www.cftc.gov.
period. Counsel, DMO, mschlegel@cftc.gov or
202–418–5055; Andrew Ridenour, 1 See ‘‘CFTC Staff to Hold Roundtable on Certain
SUMMARY:On June 10, 2016, staff of the Special Counsel, DMO, aridenour@ Elements of Regulation AT,’’ (May 27, 2016),
Commodity Futures Trading cftc.gov or 202–418–5438; Joseph available at: http://www.cftc.gov/PressRoom/
Commission (CFTC or Commission) will Otchin, Attorney Advisor, DMO, PressReleases/pr7377-16.
VerDate Sep<11>2014 16:45 Jun 06, 2016 Jkt 238001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\07JNP1.SGM 07JNP1](https://thefederalregister.org/doc/81_FR_36590/page/4.svg)
Document Created: 2018-02-08 07:31:22
Document Modified: 2018-02-08 07:31:22
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received by July 7, 2016. | |
| Contact | Thomas Andrukonis, Director, Export Management and Compliance Division, Office of Exporter Services, Bureau of Industry and Security, by telephone at (202) 482-8016 or by email at [email protected] | |
| FR Citation | 81 FR 36481 | |
| RIN Number | 0694-AG89 | |
| CFR Citation | 15
CFR
730 15 CFR 747 15 CFR 748 15 CFR 762 | |
| CFR Associated | Administrative Practice and Procedure; Advisory Committees; Exports; Reporting and Recordkeeping Requirements; Strategic and Critical Materials; Foreign Trade; Business and Industry and Confidential Business Information |
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