81_FR_55533 81 FR 55372 - Temporary General License: Extension of Validity

81 FR 55372 - Temporary General License: Extension of Validity

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 81, Issue 161 (August 19, 2016)

Page Range55372-55374
FR Document2016-19828

On March 24, 2016, the Bureau of Industry and Security (BIS) published a final rule, Temporary General License. The March 24 final rule created a temporary general license that restored, for a specified time period, the licensing requirements and policies under the Export Administration Regulations (EAR) for exports, reexports, and transfers (in-country) as of March 7, 2016, to two entities (ZTE Corporation and ZTE Kangxun) that were added to the Entity List on March 8, 2016. At this time, the U.S. Government has decided to extend the temporary general license until November 28, 2016. In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of August 30, 2016, and to substitute the date of November 28, 2016. This final rule makes no other changes to the EAR.

Federal Register, Volume 81 Issue 161 (Friday, August 19, 2016)
[Federal Register Volume 81, Number 161 (Friday, August 19, 2016)]
[Rules and Regulations]
[Pages 55372-55374]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19828]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 160106014-6728-04]
RIN 0694-AG82


Temporary General License: Extension of Validity

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

SUMMARY: On March 24, 2016, the Bureau of Industry and Security (BIS) 
published a final rule, Temporary General License. The March 24 final 
rule created a temporary general license that restored, for a specified 
time period, the licensing requirements and policies under the Export 
Administration Regulations (EAR) for exports, reexports, and transfers 
(in-country) as of March 7, 2016, to two entities (ZTE Corporation and 
ZTE Kangxun) that were added to the Entity List on March 8, 2016. At 
this time, the U.S. Government has decided to extend the temporary 
general license until November 28, 2016. In order to implement this 
decision, this final rule revises the temporary general license to

[[Page 55373]]

remove the expiration date of August 30, 2016, and to substitute the 
date of November 28, 2016. This final rule makes no other changes to 
the EAR.

DATES: This rule is effective August 19, 2016 through November 28, 
2016. The expiration date of the final rule published on March 24, 2016 
(81 FR 15633) is extended until November 28, 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, Phone: (202) 482-5991, 
Email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On March 24, 2016, the Bureau of Industry and Security (BIS) 
published a final rule, Temporary General License (81 FR 15633). The 
March 24 final rule amended the EAR by adding Supplement No. 7 to part 
744 to create a Temporary General License that returned, 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 were in 
effect prior to their addition to the Entity List on March 8, 2016. On 
June 28, 2016, BIS published a final rule, Temporary General License: 
Extension of Validity (81 FR 41799), which extended the validity of the 
Temporary General License until August 30, 2016. Details regarding the 
scope of the listing are at 81 FR 12004 (Mar. 8, 2016), (``Additions to 
the Entity List''). Details regarding the Temporary General License can 
be found in the March 24 final rule and in Supplement No. 7 to Part 
744--Temporary General License.
    BIS issued the March 24 final rule, and the June 28 final rule, in 
connection with a request to remove or modify the listing. The March 24 
final rule, and the June 28 final rule, specified that the temporary 
general license was renewable if the U.S. Government determined, in its 
sole discretion, that ZTE Corporation and ZTE Kangxun were timely 
performing their undertakings to the U.S. Government and otherwise 
cooperating with the U.S. Government in resolving the matter which led 
to the two entities' listing.
    At this time, the U.S. Government has decided to extend the 
temporary general license until November 28, 2016. In order to 
implement this U.S. Government decision, this final rule revises the 
temporary general license to remove the date of August 30, 2016, and 
substitute the date of November 28, 2016. This final rule makes no 
other changes 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 4, 2016, 81 FR 52587 (August 8, 2016), 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 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 Subjects 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 is revised 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 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); Notice of August 4, 2016, 81 FR 52587 (August 8, 2016).

Supplement No. 7 to Part 744--[Amended]

0
2. In Supplement No. 7 to part 744, remove ``August 30, 2016'' and add 
in its place ``November 28, 2016''.


[[Page 55374]]


    Dated: August 16, 2016.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2016-19828 Filed 8-18-16; 8:45 am]
BILLING CODE 3510-33-P



                                                55372              Federal Register / Vol. 81, No. 161 / Friday, August 19, 2016 / Rules and Regulations

                                                effective September 15, 2016, through                   7400.11A is effective September 15,                   § 71.51    [Amended]
                                                September 15, 2017. During the                          2016, through September 15, 2017.                     ■ 8. Section 71.51 is amended by
                                                incorporation by reference period, the                  During the incorporation by reference                 removing the words ‘‘FAA Order
                                                FAA will continue to process all                        period, proposed changes to the listings              7400.9Z’’ and adding, in their place, the
                                                proposed changes of the airspace                        of Class A, B, C, D, and E airspace areas;            words ‘‘FAA Order 7400.11A.’’
                                                listings in FAA Order 7400.11A in full                  air traffic service routes; and reporting
                                                text as proposed rule documents in the                  points will be published in full text as              § 71.61    [Amended]
                                                Federal Register. Likewise, all                         proposed rule documents in the Federal                ■ 9. Section 71.61 is amended by
                                                amendments of these listings will be                    Register. Amendments to the listings of               removing the words ‘‘FAA Order
                                                published in full text as final rules in                Class A, B, C, D, and E airspace areas;               7400.9Z’’ and adding, in their place, the
                                                the Federal Register. The FAA will                      air traffic service routes; and reporting             words ‘‘FAA Order 7400.11A.’’
                                                periodically integrate all final rule                   points will be published in full text as
                                                amendments into a revised edition of                    final rules in the Federal Register.                  § 71.71    [Amended]
                                                the Order, and submit the revised                       Periodically, the final rule amendments               ■ 10. Paragraphs (b), (c), (d), (e), and (f)
                                                edition to the Director of the Federal                  will be integrated into a revised edition             of section 71.71 are amended by
                                                Register for approval for incorporation                 of the Order and submitted to the                     removing the words ‘‘FAA Order
                                                by reference in section 71.1.                           Director of the Federal Register for                  7400.9Z’’ and adding, in their place, the
                                                                                                        approval for incorporation by reference               words ‘‘FAA Order 7400.11A.’’
                                                Regulatory Notices and Analyses
                                                                                                        in this section. Copies of FAA Order
                                                   The FAA has determined that this                     7400.11A may be obtained from                         § 71.901    [Amended]
                                                action: (1) Is not a ‘‘significant                      Airspace Policy Group, Federal Aviation               ■ 11. Paragraph (a) of section 71.901 is
                                                regulatory action’’ under Executive                     Administration, 800 Independence                      amended by removing the words ‘‘FAA
                                                Order 12866; (2) is not a ‘‘significant                 Avenue SW., Washington, DC 20591,                     Order 7400.9Z’’ and adding, in their
                                                rule’’ under DOT Regulatory Policies                    (202) 267–8783. An electronic version of              place, the words ‘‘FAA Order
                                                and Procedures (44 FR 11034; February                   the Order is available on the FAA Web                 7400.11A.’’.’’
                                                26, 1979); and (3) does not warrant                     site at http://www.faa.gov/air_traffic/
                                                preparation of a regulatory evaluation as               publications. Copies of FAA Order                       Issued in Washington, DC, on August 11,
                                                the anticipated impact is so minimal.                                                                         2016.
                                                                                                        7400.11A may be inspected in Docket
                                                This action neither places any new                      No. FAA–2016–XXXX; Amendment No.                      M. Randy Willis,
                                                restrictions or requirements on the                     71–48 on http://www.regulations.gov. A                Acting Manager, Airspace Policy Group.
                                                public, nor changes the dimensions or                   copy of FAA Order 7400.11A may be                     [FR Doc. 2016–19634 Filed 8–18–16; 8:45 am]
                                                operation requirements of the airspace                  inspected at the National Archives and                BILLING CODE 4910–13–P
                                                listings incorporated by reference in                   Records Administration (NARA). For
                                                part 71.                                                information on the availability of this
                                                List of Subjects in 14 CFR Part 71                      material at NARA, call (202) 741–6030,                DEPARTMENT OF COMMERCE
                                                                                                        or go to: http://www.archives.gov/
                                                 Airspace, Incorporation by reference,                  federal-register/cfr/ibr-locations.html.              Bureau of Industry and Security
                                                Navigation (air).
                                                                                                        § 71.5    [Amended]                                   15 CFR Part 744
                                                Adoption of the Amendment
                                                                                                        ■ 3. Section 71.5 is amended by                       [Docket No. 160106014–6728–04]
                                                  In consideration of the foregoing, the
                                                                                                        removing the words ‘‘FAA Order
                                                Federal Aviation Administration                                                                               RIN 0694–AG82
                                                                                                        7400.9Z’’ and adding, in their place, the
                                                amends 14 CFR part 71 as follows:
                                                                                                        words ‘‘FAA Order 7400.11A.’’
                                                                                                                                                              Temporary General License: Extension
                                                PART 71—DESIGNATION OF CLASS A,                         § 71.15   [Amended]                                   of Validity
                                                B, C, D, AND E AIRSPACE AREAS; AIR
                                                TRAFFIC SERVICE ROUTES; AND                             ■ 4. Section 71.15 is amended by                      AGENCY:  Bureau of Industry and
                                                REPORTING POINTS                                        removing the words ‘‘FAA Order                        Security, Commerce.
                                                                                                        7400.9Z’’ and adding, in their place, the             ACTION: Final rule.
                                                ■ 1. The authority citation for part 71                 words ‘‘FAA Order 7400.11A.’’
                                                continues to read as follows:                                                                                 SUMMARY:   On March 24, 2016, the
                                                                                                        § 71.31   [Amended]
                                                  Authority: 49 U.S.C. 106(f), 106(g); 40103,                                                                 Bureau of Industry and Security (BIS)
                                                40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,            ■ 5. Section 71.31 is amended by                      published a final rule, Temporary
                                                1959–1963 Comp., p. 389.                                removing the words ‘‘FAA Order                        General License. The March 24 final
                                                ■ 2. Section 71.1 is revised to read as                 7400.9Z’’ and adding, in their place, the             rule created a temporary general license
                                                follows:                                                words ‘‘FAA Order 7400.11A.’’                         that restored, for a specified time
                                                                                                                                                              period, the licensing requirements and
                                                § 71.1   Applicability.                                 § 71.33   [Amended]
                                                                                                                                                              policies under the Export
                                                   A listing for Class A, B, C, D, and E                ■ 6. Paragraph (c) of section 71.33 is                Administration Regulations (EAR) for
                                                airspace areas; air traffic service routes;             amended by removing the words ‘‘FAA                   exports, reexports, and transfers (in-
                                                and reporting points can be found in                    Order 7400.9Z’’ and adding, in their                  country) as of March 7, 2016, to two
                                                FAA Order 7400.11A, Airspace                            place, the words ‘‘FAA Order                          entities (ZTE Corporation and ZTE
jstallworth on DSK7TPTVN1PROD with RULES




                                                Designations and Reporting Points,                      7400.11A.’’                                           Kangxun) that were added to the Entity
                                                dated August 3, 2016. This                                                                                    List on March 8, 2016. At this time, the
                                                                                                        § 71.41   [Amended]
                                                incorporation by reference was                                                                                U.S. Government has decided to extend
                                                approved by the Director of the Federal                 ■ 7. Section 71.41 is amended by                      the temporary general license until
                                                Register in accordance with 5 U.S.C. 552                removing the words ‘‘FAA Order                        November 28, 2016. In order to
                                                (a) and 1 CFR part 51. The approval to                  7400.9Z’’ and adding, in their place, the             implement this decision, this final rule
                                                incorporate by reference FAA Order                      words ‘‘FAA Order 7400.11A.’’                         revises the temporary general license to


                                           VerDate Sep<11>2014   14:10 Aug 18, 2016   Jkt 238001   PO 00000   Frm 00022   Fmt 4700   Sfmt 4700   E:\FR\FM\19AUR1.SGM    19AUR1


                                                                   Federal Register / Vol. 81, No. 161 / Friday, August 19, 2016 / Rules and Regulations                                            55373

                                                remove the expiration date of August                    remove the date of August 30, 2016, and               Seehra, Office of Management and
                                                30, 2016, and to substitute the date of                 substitute the date of November 28,                   Budget (OMB), by email to Jasmeet_K._
                                                November 28, 2016. This final rule                      2016. This final rule makes no other                  Seehra@omb.eop.gov, or by fax to (202)
                                                makes no other changes to the EAR.                      changes to the EAR.                                   395–7285.
                                                DATES: This rule is effective August 19,                Export Administration Act                               3. This rule does not contain policies
                                                2016 through November 28, 2016. The                                                                           with Federalism implications as that
                                                expiration date of the final rule                         Although the Export Administration                  term is defined in Executive Order
                                                published on March 24, 2016 (81 FR                      Act expired on August 20, 2001, the                   13132.
                                                15633) is extended until November 28,                   President, through Executive Order
                                                                                                        13222 of August 17, 2001, 3 CFR, 2001                   4. The provisions of the
                                                2016.                                                                                                         Administrative Procedure Act (5 U.S.C.
                                                                                                        Comp., p. 783 (2002), as amended by
                                                FOR FURTHER INFORMATION CONTACT:                                                                              553) requiring notice of proposed
                                                                                                        Executive Order 13637 of March 8,
                                                Chair, End-User Review Committee,                                                                             rulemaking, the opportunity for public
                                                                                                        2013, 78 FR 16129 (March 13, 2013) and
                                                Office of the Assistant Secretary, Export                                                                     comment, and a delay in effective date
                                                                                                        as extended by the Notice of August 4,
                                                Administration, Bureau of Industry and                  2016, 81 FR 52587 (August 8, 2016), has               are inapplicable because this regulation
                                                Security, Department of Commerce,                       continued the Export Administration                   involves a military or foreign affairs
                                                Phone: (202) 482–5991, Email: ERC@                      Regulations in effect under the                       function of the United States. (See 5
                                                bis.doc.gov.                                            International Emergency Economic                      U.S.C. 553(a)(1)). If this rule were
                                                SUPPLEMENTARY INFORMATION:                              Powers Act. BIS continues to carry out                delayed to allow for notice and
                                                                                                        the provisions of the Export                          comment and a delay in effective date,
                                                Background                                                                                                    then the national security and foreign
                                                                                                        Administration Act, as appropriate and
                                                   On March 24, 2016, the Bureau of                     to the extent permitted by law, pursuant              policy objectives of this rule would be
                                                Industry and Security (BIS) published a                 to Executive Order 13222, as amended                  harmed. Because a notice of proposed
                                                final rule, Temporary General License                   by Executive Order 13637.                             rulemaking and an opportunity for
                                                (81 FR 15633). The March 24 final rule                                                                        public comment are not required to be
                                                amended the EAR by adding                               Rulemaking Requirements                               given for this rule by 5 U.S.C. 553, or
                                                Supplement No. 7 to part 744 to create                     1. Executive Orders 13563 and 12866                by any other law, the analytical
                                                a Temporary General License that                        direct agencies to assess all costs and               requirements of the Regulatory
                                                returned, until June 30, 2016, the                      benefits of available regulatory                      Flexibility Act, 5 U.S.C. 601 et seq., are
                                                licensing and other policies of the EAR                 alternatives and, if regulation is                    not applicable. Accordingly, no
                                                regarding exports, reexports, and                       necessary, to select regulatory                       regulatory flexibility analysis is required
                                                transfers (in-country) to Zhongxing                     approaches that maximize net benefits                 and none has been prepared.
                                                Telecommunications Equipment (ZTE)                      (including potential economic,
                                                                                                                                                              List of Subjects in 15 CFR Part 744
                                                Corporation and ZTE Kangxun to that                     environmental, public health and safety
                                                which were in effect prior to their                     effects, distributive impacts, and                      Exports, Reporting and recordkeeping
                                                addition to the Entity List on March 8,                 equity). Executive Order 13563                        requirements, Terrorism.
                                                2016. On June 28, 2016, BIS published                   emphasizes the importance of                            Accordingly, part 744 of the Export
                                                a final rule, Temporary General License:                quantifying both costs and benefits, of               Administration Regulations (15 CFR
                                                Extension of Validity (81 FR 41799),                    reducing costs, of harmonizing rules,                 parts 730 through 774) is amended as
                                                which extended the validity of the                      and of promoting flexibility. This rule               follows:
                                                Temporary General License until                         has been determined to be not
                                                August 30, 2016. Details regarding the                  significant for purposes of Executive                 PART 744—[AMENDED]
                                                scope of the listing are at 81 FR 12004                 Order 12866.
                                                (Mar. 8, 2016), (‘‘Additions to the Entity                 2. Notwithstanding any other                       ■ 1. The authority citation for 15 CFR
                                                List’’). Details regarding the Temporary                provision of law, no person is required               part 744 is revised to read as follows:
                                                General License can be found in the                     to respond to nor be subject to a penalty
                                                                                                                                                                Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.
                                                March 24 final rule and in Supplement                   for failure to comply with a collection
                                                                                                                                                              1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C.
                                                No. 7 to Part 744—Temporary General                     of information, subject to the                        2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
                                                License.                                                requirements of the Paperwork                         E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp.,
                                                   BIS issued the March 24 final rule,                  Reduction Act of 1995 (44 U.S.C. 3501                 p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993
                                                and the June 28 final rule, in connection               et seq.) (PRA), unless that collection of             Comp., p. 608; E.O. 12938, 59 FR 59099, 3
                                                with a request to remove or modify the                  information displays a currently valid                CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR
                                                listing. The March 24 final rule, and the               Office of Management and Budget                       5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026,
                                                June 28 final rule, specified that the                  (OMB) Control Number. This regulation                 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
                                                                                                        involves collections previously                       13099, 63 FR 45167, 3 CFR, 1998 Comp., p.
                                                temporary general license was
                                                                                                                                                              208; E.O. 13222, 66 FR 44025, 3 CFR, 2001
                                                renewable if the U.S. Government                        approved by OMB under control
                                                                                                                                                              Comp., p. 783; E.O. 13224, 66 FR 49079, 3
                                                determined, in its sole discretion, that                number 0694–0088, Simplified Network                  CFR, 2001 Comp., p. 786; Notice of
                                                ZTE Corporation and ZTE Kangxun                         Application Processing System, which                  September 18, 2015, 80 FR 57281 (September
                                                were timely performing their                            includes, among other things, license                 22, 2015); Notice of November 12, 2015, 80
                                                undertakings to the U.S. Government                     applications and carries a burden                     FR 70667 (November 13, 2015); Notice of
                                                and otherwise cooperating with the U.S.                 estimate of 43.8 minutes for a manual or              January 20, 2016, 81 FR 3937 (January 22,
                                                Government in resolving the matter                      electronic submission. Total burden                   2016); Notice of August 4, 2016, 81 FR 52587
jstallworth on DSK7TPTVN1PROD with RULES




                                                which led to the two entities’ listing.                 hours associated with the PRA and                     (August 8, 2016).
                                                   At this time, the U.S. Government has                OMB control number 0694–0088 are not                  Supplement No. 7 to Part 744—
                                                decided to extend the temporary general                 expected to increase as a result of this              [Amended]
                                                license until November 28, 2016. In                     rule. You may send comments regarding
                                                order to implement this U.S.                            the collection of information associated              ■  2. In Supplement No. 7 to part 744,
                                                Government decision, this final rule                    with this rule, including suggestions for             remove ‘‘August 30, 2016’’ and add in
                                                revises the temporary general license to                reducing the burden, to Jasmeet K.                    its place ‘‘November 28, 2016’’.


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                                                55374              Federal Register / Vol. 81, No. 161 / Friday, August 19, 2016 / Rules and Regulations

                                                  Dated: August 16, 2016.                               enforcement period, no vessel may                     313–568–9508, email
                                                Kevin J. Wolf,                                          transit this regulated area without                   Selena.M.Warnke@uscg.mil. If you have
                                                Assistant Secretary for Export                          approval from the Captain of the Port                 questions on viewing the docket, call
                                                Administration.                                         (COTP), Port Arthur or a COTP                         Cheryl Collins, Program Manager,
                                                [FR Doc. 2016–19828 Filed 8–18–16; 8:45 am]             designated representative.                            Docket Operations, telephone 202–366–
                                                BILLING CODE 3510–33–P                                     This notice of enforcement is issued               9826.
                                                                                                        under authority of 33 CFR 100.801 and                 SUPPLEMENTARY INFORMATION:
                                                                                                        5 U.S.C. 552(a). In addition to this
                                                                                                        notice of enforcement in the Federal                  I. Table of Abbreviations
                                                DEPARTMENT OF HOMELAND
                                                SECURITY                                                Register, the Coast Guard plans to                    DHS Department of Homeland Security
                                                                                                        provide notification of this enforcement              COTP Captain of the Port
                                                Coast Guard                                             period via the Local Notice to Mariners,              NAD 83 North American Datum of 1983
                                                                                                                                                              NPRM Notice of Proposed Rulemaking
                                                                                                        marine information broadcasts, Marine
                                                33 CFR Part 100                                         Safety Information Bulletins and Vessel               II. Background Information and
                                                [Docket No. USCG–2016–0700]                             Traffic Service (VTS) Advisories.                     Regulatory History
                                                                                                          Dated: August 16, 2016.                                The Coast Guard is issuing this
                                                Special Local Regulations; S.P.O.R.T.                   R.S. Ogrydziak,                                       temporary rule without prior notice and
                                                Boat Races, Sabine River, Orange, TX                    Captain, U.S. Coast Guard, Captain of the             opportunity to comment pursuant to
                                                AGENCY:  Coast Guard, DHS.                              Port, Port Arthur.                                    authority under section 4(a) of the
                                                                                                        [FR Doc. 2016–19831 Filed 8–18–16; 8:45 am]           Administrative Procedure Act (APA) (5
                                                ACTION: Notice of enforcement of
                                                                                                                                                              U.S.C. 553(b)). This provision
                                                regulation.                                             BILLING CODE 9110–04–P
                                                                                                                                                              authorizes an agency to issue a rule
                                                SUMMARY:   The Coast Guard will enforce                                                                       without prior notice and opportunity to
                                                special local regulations for the                       DEPARTMENT OF HOMELAND                                comment when the agency for good
                                                Southern Professional Outboard Racing                   SECURITY                                              cause finds that those procedures are
                                                Tour (S.P.O.R.T.) boat races to be held                                                                       ‘‘impracticable, unnecessary, or contrary
                                                on the Sabine River in Orange, TX,                      Coast Guard                                           to the public interest.’’ Under 5 U.S.C.
                                                September 16–18, 2016, to provide for                                                                         553(b)(B), the Coast Guard finds that
                                                the safety of life on navigable waterways               33 CFR Part 165                                       good cause exists for not publishing a
                                                during high speed boat races. Our                       [Docket No. USCG–2016–0751]                           notice of proposed rulemaking (NPRM)
                                                regulation for Recurring Marine Events                                                                        with respect to this rule because doing
                                                in Sector Houston-Galveston identifies                  RIN 1625–AA00                                         so would be impracticable. The final
                                                the regulated area for this regatta.                                                                          details of this event were not known to
                                                During the enforcement periods, no                      Safety Zone; Port Huron Float-Down,                   the Coast Guard until there was
                                                vessel may transit this regulated area                  St. Clair River, Port Huron, MI                       insufficient time remaining before the
                                                without approval from the Captain of                    AGENCY:    Coast Guard, DHS.                          event to publish an NPRM. Thus,
                                                the Port or a designated representative.                                                                      delaying the effective date of this rule to
                                                                                                        ACTION:   Temporary final rule.
                                                DATES: The regulations in 33 CFR                                                                              wait for a comment period to run would
                                                100.801, Table 3, Line no. 5, will be                   SUMMARY:    The Coast Guard is                        be impracticable because it would
                                                enforced from 3:00 p.m. to 6:00 p.m. on                 establishing a temporary safety zone for              inhibit the Coast Guard’s ability to
                                                September 16, 2016; and from 9:00 a.m.                  certain waters of the St. Clair River in              protect participants, mariners, and
                                                to 6:00 p.m. on September 17 and 18,                    the vicinity of Port Huron, Michigan.                 vessels from the hazards associated with
                                                2016.                                                   Though this is an unsanctioned, non-                  this event. Furthermore, under 5 U.S.C.
                                                                                                        permitted marine event, this action is                553(d)(3), the Coast Guard finds that
                                                FOR FURTHER INFORMATION CONTACT: If
                                                                                                        necessary to provide for the safety of life           good cause exists for making this
                                                you have questions about this notice of
                                                                                                        on these navigable waters near Port                   temporary rule effective less than 30
                                                enforcement, call or email Mr. Scott
                                                                                                        Huron, MI, during a float down event on               days after publication in the Federal
                                                Whalen, U.S. Coast Guard Marine Safety
                                                                                                        August 21, 2016. This regulation                      Register for the same reasons noted
                                                Unit, Port Arthur, TX; telephone 409–
                                                                                                        prohibits persons and vessels from                    above.
                                                719–5086, email scott.k.whalen@                                                                                  During the afternoon of August 21,
                                                uscg.mil.                                               being in the safety zone unless
                                                                                                        authorized by the Captain of the Port                 2016, a non-sanctioned public event,
                                                SUPPLEMENTARY INFORMATION: The Coast                                                                          advertised over various social-media
                                                                                                        Detroit or a designated representative.
                                                Guard will enforce special local                                                                              sites, in which a large number of
                                                                                                        DATES: This rule is effective from 12
                                                regulations in 33 CFR 100.801, Table 3,                                                                       persons float down a segment of the St.
                                                Line no. 5 from 3:00 p.m. until 6:00 p.m.               p.m. through 8 p.m. on August 21, 2016.
                                                                                                                                                              Clair River, using inner tubes and other
                                                on September 16, 2016, and from 9:00                    ADDRESSES: To view documents                          similar floatation devices is scheduled
                                                a.m. until 6:00 p.m. on September 17                    mentioned in this preamble as being                   to take place. The 2016 Float-Down
                                                and 18, 2016, for the Southern                          available in the docket, go to http://                event will occur between approximately
                                                Professional Outboard Racing Tour                       www.regulations.gov, type USCG–2016–                  12 p.m. and 8 p.m. on August 21, 2016.
                                                (S.P.O.R.T.) boat races. This action is                 0751 in the ‘‘SEARCH’’ box and click                  This event has taken place in the month
                                                being taken to provide for the safety of                ‘‘SEARCH.’’ Click on Open Docket                      of August yearly from 2009 through
jstallworth on DSK7TPTVN1PROD with RULES




                                                life on navigable waterways during the                  Folder on the line associated with this               2015.
                                                high speed boat races. Our regulation for               rule.                                                    While no private or municipal entity
                                                Recurring Marine Events in Sector                       FOR FURTHER INFORMATION CONTACT: If                   has requested a marine event permit
                                                Houston-Galveston, § 100.801, Table 3,                  you have questions on this temporary                  from the Coast Guard for this event, and
                                                Line no. 5, specifies the location of the               final rule, call or email Lieutenant                  although it has not received state or
                                                regulated area for this event. As                       Selena Warnke, Prevention Department,                 federal permits over these past years,
                                                specified in § 100.801, during the                      Sector Detroit, Coast Guard; telephone                the event has drawn over 3,000


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Document Created: 2016-08-19 01:35:32
Document Modified: 2016-08-19 01:35:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective August 19, 2016 through November 28, 2016. The expiration date of the final rule published on March 24, 2016 (81 FR 15633) is extended until November 28, 2016.
ContactChair, End-User Review Committee, Office of the Assistant Secretary, Export Administration, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482-5991, Email: [email protected]
FR Citation81 FR 55372 
RIN Number0694-AG82
CFR AssociatedExports; Reporting and Recordkeeping Requirements and Terrorism

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