81_FR_61276 81 FR 61104 - Amendments to Existing Validated End-User Authorization in the People's Republic of China: Boeing Tianjin Composites Co. Ltd.

81 FR 61104 - Amendments to Existing Validated End-User Authorization in the People's Republic of China: Boeing Tianjin Composites Co. Ltd.

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 81, Issue 172 (September 6, 2016)

Page Range61104-61106
FR Document2016-21333

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing Validated End-User (VEU) list for the People's Republic of China (PRC) by updating the list of eligible destinations (facilities) for VEU Boeing Tianjin Composites Co. Ltd. (BTC). Specifically, BIS amends supplement No. 7 to part 748 of the EAR to change the written address of BTC's existing facility. The physical location of the facility has not changed. BIS updated the facility address after receiving notification of the change from BTC. The End-User Review Committee reviewed and authorized the amendment in accordance with established procedures. The updated address contributes to maintaining accurate location information for BTC's VEU.

Federal Register, Volume 81 Issue 172 (Tuesday, September 6, 2016)
[Federal Register Volume 81, Number 172 (Tuesday, September 6, 2016)]
[Rules and Regulations]
[Pages 61104-61106]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21333]


=======================================================================
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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 748

[Docket No. 160810722-6722-01]
RIN 0694-AH05


Amendments to Existing Validated End-User Authorization in the 
People's Republic of China: Boeing Tianjin Composites Co. Ltd.

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends 
the Export Administration Regulations (EAR) to revise the existing 
Validated End-User (VEU) list for the People's Republic of China (PRC) 
by updating the list of eligible destinations (facilities) for VEU 
Boeing Tianjin Composites Co. Ltd. (BTC). Specifically, BIS amends 
supplement No. 7 to part 748 of the EAR to change the written address 
of BTC's existing facility. The physical location of the facility has 
not changed. BIS updated the facility address after receiving 
notification of the change from BTC. The End-User Review Committee 
reviewed and authorized the amendment in accordance with established 
procedures. The updated address contributes to maintaining accurate 
location information for BTC's VEU.

DATES: This rule is effective September 6, 2016.

FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee, 
Office of the Assistant Secretary, Export Administration, Bureau of 
Industry and Security, U.S. Department of Commerce, Phone: 202-482-
5991; Email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

Authorization Validated End-User

    Validated End-Users (VEUs) are designated entities located in 
eligible destinations to which eligible items may be exported, 
reexported, or transferred (in-country) under a general authorization 
instead of a license. The names of the VEUs, as well as the dates they 
were so designated, and their respective eligible destinations 
(facilities) and items are identified in supplement No. 7 to part 748 
of the EAR. Under the terms described in that supplement, VEUs may 
obtain eligible items without an export license from BIS, in conformity 
with Sec.  748.15 of the EAR. Eligible items vary between VEUs and may 
include commodities, software, and technology, except those controlled 
for missile technology or crime control reasons on the Commerce Control 
List (CCL) (part 774 of the EAR).
    VEUs are reviewed and approved by the U.S. Government in accordance 
with the provisions of Sec.  748.15 and supplement Nos. 8 and 9 to part 
748 of the EAR. The End-User Review Committee (ERC), composed of 
representatives from the Departments of State, Defense, Energy, 
Commerce, and other agencies as appropriate, is responsible for 
administering the VEU program. BIS amended the EAR in a final rule 
published on June 19, 2007 (72 FR 33646), to create Authorization VEU.

Amendment to Existing VEU Authorization for Boeing Tianjin Composites 
Co. Ltd. (BTC) in the People's Republic of China

Revision to the List of ``Eligible Destinations'' for BTC

    In this rule, BIS amends supplement No. 7 to part 748 to revise 
BTC's VEU authorization. Specifically, in this rule, BIS updates the 
written address of BTC's facility in the People's Republic of China to 
which the company's eligible items may be exported, reexported or 
transferred (in-country). The physical location of the facility has not 
changed.
    The amendment to the address of BTC's facility is in response to a 
request from BTC. This amendment was approved by the ERC. The revision 
is as follows:

[[Page 61105]]

Revision to Address of BTC's Eligible Destination (Facility)

    Current address: Boeing Tianjin Composites Co. Ltd., No. 4-388 
Hebei Road, Tanggu Tianjin, China.
    New address: Boeing Tianjin Composites Co. Ltd., 4566 Hebei Road, 
Marine Hi-Tech Development Area, Tanggu District, Tianjin, China 
300451.

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, 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 involves collections previously approved by the Office 
of Management and Budget (OMB) under Control Number 0694-0088, ``Multi-
Purpose Application,'' which carries a burden hour estimate of 43.8 
minutes to prepare and submit form BIS-748; and for recordkeeping, 
reporting and review requirements in connection with Authorization VEU, 
which carries an estimated burden of 30 minutes per submission. This 
rule is expected to result in a decrease in license applications 
submitted to BIS. Total burden hours associated with the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA) and OMB Control 
Number 0694-0088 are not expected to increase significantly as a result 
of this rule. Notwithstanding any other provisions 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 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. Pursuant to the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(B), BIS finds good cause to waive the otherwise applicable 
requirement that this rule be subject to notice and the opportunity for 
public comment because it is unnecessary. In determining whether to 
grant VEU designations, a committee of U.S. Government agencies 
evaluates information about and commitments made by candidate 
companies, the nature and terms of which are set forth in 15 CFR part 
748, supplement No. 8. The criteria for evaluation by the committee are 
set forth in 15 CFR 748.15(a)(2). The information, commitments, and 
criteria for this extensive review were all established through the 
notice of proposed rulemaking and public comment process (71 FR 38313 
(July 6, 2006) (proposed rule), and 72 FR 33646 (June 19, 2007) (final 
rule)). Given the similarities between the authorizations provided 
under the VEU program and export licenses (as discussed further below), 
the publication of this information does not establish new policy. In 
publishing this final rule, BIS amends the authorization for an 
existing eligible VEU to update the address of the eligible destination 
(facility). This change has been made within the established regulatory 
framework of the VEU program. Further, this rule does not abridge the 
rights of the public or eliminate the public's option to export under 
any of the forms of authorization set forth in the EAR.
    Publication of this rule in other than final form is unnecessary 
because the authorizations granted in the rule are consistent with the 
authorizations granted to exporters for individual licenses (and 
amendments or revisions thereof), which do not undergo public review. 
In addition, as with license applications, VEU authorization 
applications contain confidential business information, which is 
necessary for the extensive review conducted by the U.S. Government in 
assessing such applications. This information is extensively reviewed 
according to the criteria for VEU authorizations, as set out in 15 CFR 
748.15(a)(2). Additionally, just as license applications are reviewed 
through an interagency review process, the authorizations granted under 
the VEU program involve interagency deliberation and result from review 
of public and non-public sources, including licensing data, and the 
measurement of such information against the VEU authorization criteria. 
Given the nature of the review, and in light of the parallels between 
the VEU application review process and the review of license 
applications, public comment on this authorization and subsequent 
amendments prior to publication is unnecessary. Moreover, because, as 
noted above, the criteria and process for authorizing and administering 
VEUs were developed with public comments, allowing additional public 
comment on this amendment to individual VEU authorizations, which was 
determined according to those criteria, is unnecessary.
    Section 553(d) of the APA generally provides that rules may not 
take effect earlier than thirty (30) days after they are published in 
the Federal Register. However, BIS finds good cause to waive the 30-day 
delay in effectiveness for this rule pursuant to 5 U.S.C. 553(d)(3) 
because the delay would be contrary to the public interest. BIS is 
simply amending the authorization of an existing VEU to update the 
address of the eligible destination (facility). BIS amends the EAR in 
this rule consistent with established objectives and parameters 
administered and enforced by the responsible designated departmental 
representatives to the End-User Review Committee. Delaying this 
action's effectiveness would likely cause confusion regarding which 
items are authorized by the U.S. Government to be shipped to which 
eligible destination (facility), which would stifle the purpose of the 
VEU Program. Accordingly, it is contrary to the public interest to 
delay this rule's effectiveness.
    No other law requires that a notice of proposed rulemaking and an 
opportunity for public comment be given for this final rule. Because a 
notice of proposed rulemaking and an opportunity for public comment are 
not required under the APA or by any other law, the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. As a result, no final regulatory flexibility 
analysis is required and none has been prepared.

List of Subjects in 15 CFR Part 748

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements.


[[Page 61106]]


    Accordingly, part 748 of the EAR (15 CFR parts 730-774) is amended 
as follows:

PART 748--[AMENDED]

0
1. 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 4, 2016, 81 FR 
52587 (August 8, 2016).


0
2. Amend supplement No. 7 to part 748 by revising the entry for 
``Boeing Tianjin Composites Co. Ltd.'' in ``China (People's Republic 
of)'' to read as follows:

  Supplement No. 7 to Part 748--Authorization Validated End-User (VEU): List of Validated End-Users, Respective
                   Items Eligible for Export, Reexport and Transfer, and Eligible Destinations
----------------------------------------------------------------------------------------------------------------
                              Validated  end-   Eligible items (by       Eligible
           Country                  user               ECCN)           destination    Federal Register  citation
----------------------------------------------------------------------------------------------------------------
 Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited
                                              to Sec.   748.15(c).
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                              Boeing Tianjin   1B001.f, 1D001        Boeing Tianjin   72 FR 59164, 10/19/07.
                               Composites Co.   (limited to           Composites Co.  74 FR 19382, 4/29/09.
                               Ltd.             ``software''          Ltd., 4566      77 FR 10953, 2/24/12.
                                                specially designed    Hebei Road,     77 FR 40258, 7/9/12.
                                                or modified for the   Marine Hi-Tech  81 FR [INSERT PAGE
                                                ``use'' of            Development      NUMBER],
                                                equipment             Area, Tanggu    September 6, 2016.
                                                controlled by         District,
                                                1B001.f), 2B001.b.2   Tianjin, China
                                                (limited to machine   300451.
                                                tools with
                                                accuracies no
                                                better than (i.e.,
                                                not less than) 13
                                                microns), 2D001
                                                (limited to
                                                ``software,'' other
                                                than that
                                                controlled by
                                                2D002, specially
                                                designed or
                                                modified for the
                                                ``use'' of
                                                equipment
                                                controlled by
                                                2B001.b.2), and
                                                2D002 (limited to
                                                ``software'' for
                                                electronic devices,
                                                even when residing
                                                in an electronic
                                                device or system,
                                                enabling such
                                                devices or systems
                                                to function as a
                                                ``numerical
                                                control'' unit,
                                                capable of
                                                coordinating
                                                simultaneously more
                                                than 4 axes for
                                                ``contouring
                                                control''
                                                controlled by
                                                2B001.b.2).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


    Dated: August 30, 2016.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2016-21333 Filed 9-2-16; 8:45 am]
BILLING CODE 3510-33-P



                                           61104            Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Rules and Regulations

                                           329–4090; email: karl.schletzbaum@faa.gov.              information on the availability of this               Phone: 202–482–5991; Email: ERC@
                                           Before using any approved AMOC on any                   material at the FAA, call (816) 329–4148. It          bis.doc.gov.
                                           balloon to which the AMOC applies, notify               is also available on the Internet at http://
                                           your appropriate principal inspector (PI) in            www.regulations.gov by searching for                  SUPPLEMENTARY INFORMATION:
                                           the FAA Flight Standards District Office                locating Docket No. FAA–2016–8989.
                                           (FSDO), or lacking a PI, your local FSDO.                  (6) You may view this service information          Background
                                              (2) Airworthy Product: For any requirement           that is incorporated by reference at the
                                           in this AD to obtain corrective actions from            National Archives and Records                         Authorization Validated End-User
                                           a manufacturer or other source, use these               Administration (NARA). For information on
                                           actions if they are FAA-approved. Corrective            the availability of this material at NARA, call          Validated End-Users (VEUs) are
                                           actions are considered FAA-approved if they             202–741–6030, or go to: http://                       designated entities located in eligible
                                           are approved by the State of Design Authority           www.archives.gov/federal-register/cfr/ibr-            destinations to which eligible items may
                                           (or their delegated agent). You are required            locations.html.                                       be exported, reexported, or transferred
                                           to assure the product is airworthy before it
                                                                                                     Issued in Kansas City, Missouri, on August          (in-country) under a general
                                           is returned to service.
                                              (3) Reporting Requirements: For any                  30, 2016.                                             authorization instead of a license. The
                                           reporting requirement in this AD, a federal             Pat Mullen,                                           names of the VEUs, as well as the dates
                                           agency may not conduct or sponsor, and a                Acting Manager, Small Airplane Directorate,           they were so designated, and their
                                           person is not required to respond to, nor               Aircraft Certification Service.                       respective eligible destinations
                                           shall a person be subject to a penalty for              [FR Doc. 2016–21409 Filed 9–2–16; 8:45 am]            (facilities) and items are identified in
                                           failure to comply with a collection of
                                                                                                   BILLING CODE 4910–13–P                                supplement No. 7 to part 748 of the
                                           information subject to the requirements of
                                           the Paperwork Reduction Act unless that                                                                       EAR. Under the terms described in that
                                           collection of information displays a current                                                                  supplement, VEUs may obtain eligible
                                           valid OMB Control Number. The OMB                       DEPARTMENT OF COMMERCE                                items without an export license from
                                           Control Number for this information                                                                           BIS, in conformity with § 748.15 of the
                                           collection is 2120–0056. Public reporting for           Bureau of Industry and Security                       EAR. Eligible items vary between VEUs
                                           this collection of information is estimated to
                                                                                                                                                         and may include commodities, software,
                                           be approximately 5 minutes per response,
                                           including the time for reviewing instructions,          15 CFR Part 748                                       and technology, except those controlled
                                           completing and reviewing the collection of                                                                    for missile technology or crime control
                                                                                                   [Docket No. 160810722–6722–01]
                                           information. All responses to this collection                                                                 reasons on the Commerce Control List
                                           of information are mandatory. Comments                  RIN 0694–AH05                                         (CCL) (part 774 of the EAR).
                                           concerning the accuracy of this burden and
                                           suggestions for reducing the burden should                                                                       VEUs are reviewed and approved by
                                                                                                   Amendments to Existing Validated
                                           be directed to the FAA at: 800 Independence                                                                   the U.S. Government in accordance with
                                                                                                   End-User Authorization in the People’s
                                           Ave. SW., Washington, DC 20591, Attn:
                                                                                                   Republic of China: Boeing Tianjin                     the provisions of § 748.15 and
                                           Information Collection Clearance Officer,                                                                     supplement Nos. 8 and 9 to part 748 of
                                           AES–200.                                                Composites Co. Ltd.
                                                                                                                                                         the EAR. The End-User Review
                                           (h) Special Flight Permit                               AGENCY:  Bureau of Industry and                       Committee (ERC), composed of
                                             Special flight permits are prohibited.                Security, Commerce.                                   representatives from the Departments of
                                                                                                   ACTION: Final rule.                                   State, Defense, Energy, Commerce, and
                                           (i) Related Information
                                                                                                                                                         other agencies as appropriate, is
                                              Refer to MCAI European Aviation Safety               SUMMARY:     In this rule, the Bureau of              responsible for administering the VEU
                                           Agency (EASA) AD No. 2016–0151, dated                   Industry and Security (BIS) amends the
                                           July 26, 2016, for related information. You
                                                                                                                                                         program. BIS amended the EAR in a
                                                                                                   Export Administration Regulations                     final rule published on June 19, 2007
                                           may examine the MCAI on the Internet at                 (EAR) to revise the existing Validated
                                           http://www.regulations.gov by searching for                                                                   (72 FR 33646), to create Authorization
                                                                                                   End-User (VEU) list for the People’s
                                           and locating Docket No. FAA–2016–8989.                                                                        VEU.
                                                                                                   Republic of China (PRC) by updating the
                                           (j) Material Incorporated by Reference                  list of eligible destinations (facilities) for        Amendment to Existing VEU
                                              (1) The Director of the Federal Register             VEU Boeing Tianjin Composites Co. Ltd.                Authorization for Boeing Tianjin
                                           approved the incorporation by reference                 (BTC). Specifically, BIS amends                       Composites Co. Ltd. (BTC) in the
                                           (IBR) of the service information listed in this         supplement No. 7 to part 748 of the EAR               People’s Republic of China
                                           paragraph under 5 U.S.C. 552(a) and 1 CFR               to change the written address of BTC’s
                                           part 51.                                                                                                      Revision to the List of ‘‘Eligible
                                                                                                   existing facility. The physical location
                                              (2) You must use this service information                                                                  Destinations’’ for BTC
                                           as applicable to do the actions required by             of the facility has not changed. BIS
                                           this AD, unless this AD specifies otherwise.            updated the facility address after
                                                                                                                                                            In this rule, BIS amends supplement
                                              (3) The following service information was            receiving notification of the change from
                                                                                                   BTC. The End-User Review Committee                    No. 7 to part 748 to revise BTC’s VEU
                                           approved for IBR on August 29, 2016 (81 FR
                                           57449, August 23, 2016).                                reviewed and authorized the                           authorization. Specifically, in this rule,
                                              (i) BALÓNY KUBÍČEK spol. s r.o. Service           amendment in accordance with                          BIS updates the written address of
                                           Bulletin No. BB/50, BB–S/11, AB24 rev.1,                established procedures. The updated                   BTC’s facility in the People’s Republic
                                           dated May 12, 2016.                                                                                           of China to which the company’s
                                                                                                   address contributes to maintaining
                                              (ii) Reserved.                                                                                             eligible items may be exported,
                                              (4) For BALÓNY KUBÍČEK spol. s r.o.               accurate location information for BTC’s
                                           service information identified in this AD,              VEU.                                                  reexported or transferred (in-country).
                                           contact BALÓNY KUBÍČEK spol. s r. o., Jarnı́         DATES: This rule is effective September               The physical location of the facility has
ehiers on DSK5VPTVN1PROD with RULES




                                           2a, 614 00 Brno, Czech Republic, telephone:             6, 2016.                                              not changed.
                                           +420 545 422 620; fax: +420 545 422 621;                                                                         The amendment to the address of
                                                                                                   FOR FURTHER INFORMATION CONTACT:
                                           email: info@kubicekballons.cz. Internet:
                                           http://www.kubicekballoons.eu.                          Chair, End-User Review Committee,                     BTC’s facility is in response to a request
                                              (5) You may view this service information            Office of the Assistant Secretary, Export             from BTC. This amendment was
                                           at the FAA, Small Airplane Directorate, 901             Administration, Bureau of Industry and                approved by the ERC. The revision is as
                                           Locust, Kansas City, Missouri 64106. For                Security, U.S. Department of Commerce,                follows:


                                      VerDate Sep<11>2014   15:06 Sep 02, 2016   Jkt 238001   PO 00000   Frm 00006   Fmt 4700   Sfmt 4700   E:\FR\FM\06SER1.SGM   06SER1


                                                            Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Rules and Regulations                                         61105

                                           Revision to Address of BTC’s Eligible                   required to respond to, nor be subject to             through an interagency review process,
                                           Destination (Facility)                                  a penalty for failure to comply with a                the authorizations granted under the
                                             Current address: Boeing Tianjin                       collection of information subject to the              VEU program involve interagency
                                           Composites Co. Ltd., No. 4–388 Hebei                    requirements of the PRA, unless that                  deliberation and result from review of
                                           Road, Tanggu Tianjin, China.                            collection of information displays a                  public and non-public sources,
                                                                                                   currently valid OMB Control Number.                   including licensing data, and the
                                             New address: Boeing Tianjin
                                                                                                      3. This rule does not contain policies             measurement of such information
                                           Composites Co. Ltd., 4566 Hebei Road,
                                                                                                   with Federalism implications as that                  against the VEU authorization criteria.
                                           Marine Hi-Tech Development Area,                        term is defined under Executive Order
                                           Tanggu District, Tianjin, China 300451.                                                                       Given the nature of the review, and in
                                                                                                   13132.                                                light of the parallels between the VEU
                                           Export Administration Act                                  4. Pursuant to the Administrative                  application review process and the
                                                                                                   Procedure Act (APA), 5 U.S.C.                         review of license applications, public
                                             Although the Export Administration                    553(b)(B), BIS finds good cause to waive
                                           Act expired on August 20, 2001, the                                                                           comment on this authorization and
                                                                                                   the otherwise applicable requirement                  subsequent amendments prior to
                                           President, through Executive Order                      that this rule be subject to notice and
                                           13222 of August 17, 2001, 3 CFR, 2001                                                                         publication is unnecessary. Moreover,
                                                                                                   the opportunity for public comment                    because, as noted above, the criteria and
                                           Comp., p. 783 (2002), as amended by                     because it is unnecessary. In
                                           Executive Order 13637 of March 8,                                                                             process for authorizing and
                                                                                                   determining whether to grant VEU
                                           2013, 78 FR 16129 (March 13, 2013) and                                                                        administering VEUs were developed
                                                                                                   designations, a committee of U.S.
                                           as extended by the Notice of August 4,                                                                        with public comments, allowing
                                                                                                   Government agencies evaluates
                                           2016, 81 FR 52587 (August 8, 2016), has                                                                       additional public comment on this
                                                                                                   information about and commitments
                                           continued the Export Administration                                                                           amendment to individual VEU
                                                                                                   made by candidate companies, the
                                           Regulations in effect under the                         nature and terms of which are set forth               authorizations, which was determined
                                           International Emergency Economic                        in 15 CFR part 748, supplement No. 8.                 according to those criteria, is
                                           Powers Act. BIS continues to carry out                  The criteria for evaluation by the                    unnecessary.
                                           the provisions of the Export                            committee are set forth in 15 CFR                        Section 553(d) of the APA generally
                                           Administration Act, as appropriate and                  748.15(a)(2). The information,                        provides that rules may not take effect
                                           to the extent permitted by law, pursuant                commitments, and criteria for this                    earlier than thirty (30) days after they
                                           to Executive Order 13222 as amended                     extensive review were all established                 are published in the Federal Register.
                                           by Executive Order 13637.                               through the notice of proposed                        However, BIS finds good cause to waive
                                           Rulemaking Requirements                                 rulemaking and public comment                         the 30-day delay in effectiveness for this
                                                                                                   process (71 FR 38313 (July 6, 2006)                   rule pursuant to 5 U.S.C. 553(d)(3)
                                              1. Executive Orders 13563 and 12866                  (proposed rule), and 72 FR 33646 (June                because the delay would be contrary to
                                           direct agencies to assess all costs and                 19, 2007) (final rule)). Given the                    the public interest. BIS is simply
                                           benefits of available regulatory                        similarities between the authorizations               amending the authorization of an
                                           alternatives and, if regulation is                      provided under the VEU program and                    existing VEU to update the address of
                                           necessary, to select regulatory                         export licenses (as discussed further                 the eligible destination (facility). BIS
                                           approaches that maximize net benefits                   below), the publication of this                       amends the EAR in this rule consistent
                                           (including potential economic,                          information does not establish new                    with established objectives and
                                           environmental, public health and safety                 policy. In publishing this final rule, BIS            parameters administered and enforced
                                           effects, distributive impacts, and                      amends the authorization for an existing              by the responsible designated
                                           equity). Executive Order 13563                          eligible VEU to update the address of                 departmental representatives to the End-
                                           emphasizes the importance of                            the eligible destination (facility). This             User Review Committee. Delaying this
                                           quantifying both costs and benefits,                    change has been made within the                       action’s effectiveness would likely cause
                                           reducing costs, harmonizing rules, and                  established regulatory framework of the               confusion regarding which items are
                                           promoting flexibility. This rule has been               VEU program. Further, this rule does                  authorized by the U.S. Government to
                                           determined to be not significant for                    not abridge the rights of the public or               be shipped to which eligible destination
                                           purposes of Executive Order 12866.                      eliminate the public’s option to export               (facility), which would stifle the
                                              2. This rule involves collections                    under any of the forms of authorization               purpose of the VEU Program.
                                           previously approved by the Office of                    set forth in the EAR.                                 Accordingly, it is contrary to the public
                                           Management and Budget (OMB) under                          Publication of this rule in other than             interest to delay this rule’s effectiveness.
                                           Control Number 0694–0088, ‘‘Multi-                      final form is unnecessary because the
                                           Purpose Application,’’ which carries a                  authorizations granted in the rule are                   No other law requires that a notice of
                                           burden hour estimate of 43.8 minutes to                 consistent with the authorizations                    proposed rulemaking and an
                                           prepare and submit form BIS–748; and                    granted to exporters for individual                   opportunity for public comment be
                                           for recordkeeping, reporting and review                 licenses (and amendments or revisions                 given for this final rule. Because a
                                           requirements in connection with                         thereof), which do not undergo public                 notice of proposed rulemaking and an
                                           Authorization VEU, which carries an                     review. In addition, as with license                  opportunity for public comment are not
                                           estimated burden of 30 minutes per                      applications, VEU authorization                       required under the APA or by any other
                                           submission. This rule is expected to                    applications contain confidential                     law, the analytical requirements of the
                                           result in a decrease in license                         business information, which is                        Regulatory Flexibility Act (5 U.S.C. 601
                                           applications submitted to BIS. Total                    necessary for the extensive review                    et seq.) are not applicable. As a result,
                                           burden hours associated with the                        conducted by the U.S. Government in                   no final regulatory flexibility analysis is
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                                           Paperwork Reduction Act of 1995 (44                     assessing such applications. This                     required and none has been prepared.
                                           U.S.C. 3501 et seq.) (PRA) and OMB                      information is extensively reviewed                   List of Subjects in 15 CFR Part 748
                                           Control Number 0694–0088 are not                        according to the criteria for VEU
                                           expected to increase significantly as a                 authorizations, as set out in 15 CFR                    Administrative practice and
                                           result of this rule. Notwithstanding any                748.15(a)(2). Additionally, just as                   procedure, Exports, Reporting and
                                           other provisions of law, no person is                   license applications are reviewed                     recordkeeping requirements.


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                                           61106            Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Rules and Regulations

                                             Accordingly, part 748 of the EAR (15                  PART 748—[AMENDED]                                      3 CFR, 2001 Comp., p. 783; Notice of August
                                           CFR parts 730–774) is amended as                                                                                4, 2016, 81 FR 52587 (August 8, 2016).
                                           follows:                                                ■ 1. The authority citation for part 748                ■ 2. Amend supplement No. 7 to part
                                                                                                   continues to read as follows:                           748 by revising the entry for ‘‘Boeing
                                                                                                     Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.          Tianjin Composites Co. Ltd.’’ in ‘‘China
                                                                                                   1701 et seq.; E.O. 13026, 61 FR 58767, 3 CFR,           (People’s Republic of)’’ to read as
                                                                                                   1996 Comp., p. 228; E.O. 13222, 66 FR 44025,            follows:

                                               SUPPLEMENT NO. 7 TO PART 748—AUTHORIZATION VALIDATED END-USER (VEU): LIST OF VALIDATED END-USERS,
                                                     RESPECTIVE ITEMS ELIGIBLE FOR EXPORT, REEXPORT AND TRANSFER, AND ELIGIBLE DESTINATIONS
                                                                 Validated                                  Eligible items                                                           Federal Register
                                               Country                                                                                                    Eligible destination
                                                                 end-user                                    (by ECCN)                                                                   citation

                                                     Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited to § 748.15(c).


                                                     *                   *                           *                   *                           *                     *                 *
                                                              Boeing             1B001.f, 1D001 (limited to ‘‘software’’ specially designed          Boeing Tianjin Composites     72 FR 59164, 10/19/
                                                                Tianjin            or modified for the ‘‘use’’ of equipment controlled by              Co. Ltd., 4566 Hebei          07.
                                                                Composites         1B001.f), 2B001.b.2 (limited to machine tools with ac-              Road, Marine Hi-Tech        74 FR 19382, 4/29/
                                                                Co. Ltd.           curacies no better than (i.e., not less than) 13 mi-                Development Area,             09.
                                                                                   crons), 2D001 (limited to ‘‘software,’’ other than that             Tanggu District, Tianjin,   77 FR 10953, 2/24/
                                                                                   controlled by 2D002, specially designed or modified                 China 300451.                 12.
                                                                                   for the ‘‘use’’ of equipment controlled by 2B001.b.2),                                          77 FR 40258, 7/9/12.
                                                                                   and 2D002 (limited to ‘‘software’’ for electronic de-                                           81 FR [INSERT
                                                                                   vices, even when residing in an electronic device or                                              PAGE NUMBER],
                                                                                   system, enabling such devices or systems to function                                            September 6, 2016.
                                                                                   as a ‘‘numerical control’’ unit, capable of coordinating
                                                                                   simultaneously more than 4 axes for ‘‘contouring con-
                                                                                   trol’’ controlled by 2B001.b.2).

                                                     *                       *                         *                      *                       *                      *                *



                                             Dated: August 30, 2016.                               antiseptic washes) are not generally                    Hampshire Ave., Bldg. 22, Rm. 5418,
                                           Kevin J. Wolf,                                          recognized as safe and effective (GRAS/                 Silver Spring, MD 20993–0002, 240–
                                           Assistant Secretary for Export                          GRAE) and are misbranded. FDA is                        402–0272.
                                           Administration.                                         issuing this final rule after considering               SUPPLEMENTARY INFORMATION:
                                           [FR Doc. 2016–21333 Filed 9–2–16; 8:45 am]              the recommendations of the
                                                                                                   Nonprescription Drugs Advisory                          Table of Contents
                                           BILLING CODE 3510–33–P
                                                                                                   Committee (NDAC); public comments                       I. Introduction
                                                                                                   on the Agency’s notices of proposed                        A. Terminology Used in the OTC Drug
                                                                                                   rulemaking; and all data and                                  Review Regulations
                                           DEPARTMENT OF HEALTH AND                                                                                           B. Topical Antiseptics
                                           HUMAN SERVICES                                          information on OTC consumer
                                                                                                   antiseptic wash products that have                         C. This Final Rule Covers Only Consumer
                                                                                                                                                                 Antiseptic Washes
                                           Food and Drug Administration                            come to the Agency’s attention. This                    II. Background
                                                                                                   final rule amends the 1994 tentative                       A. Significant Rulemakings Relevant to
                                           21 CFR Part 310                                         final monograph (TFM) for OTC                                 This Final Rule
                                                                                                   antiseptic drug products that published                    B. Public Meetings Relevant to This Final
                                           [Docket No. FDA–1975–N–0012; Formerly                   in the Federal Register of June 17, 1994                      Rule
                                           Part of Docket No. 1975N–0183H]                                                                                    C. Scope of This Final Rule
                                                                                                   (the 1994 TFM). The final rule is part of
                                           RIN 0910–AF69                                           the ongoing review of OTC drug                             D. Eligibility for the OTC Drug Review
                                                                                                                                                           III. Comments on the Proposed Rule and FDA
                                                                                                   products conducted by FDA.
                                           Safety and Effectiveness of Consumer                                                                                  Response
                                                                                                   DATES: This rule is effective September                    A. Introduction
                                           Antiseptics; Topical Antimicrobial                      6, 2017.                                                   B. Description of General Comments and
                                           Drug Products for Over-the-Counter                      ADDRESSES: For access to the docket to                        FDA Response
                                           Human Use                                               read background documents or                               C. Comments on Effectiveness and FDA
                                                                                                   comments received, go to http://                              Response
                                           AGENCY:    Food and Drug Administration,                                                                           D. Comments on Safety and FDA Response
                                           HHS.                                                    www.regulations.gov and insert the                         E. Comments on Individual Active
                                           ACTION:   Final rule.                                   docket number found in brackets in the                        Ingredients and FDA Response
                                                                                                   heading of this final rule into the                        F. Comments on the Preliminary
                                           SUMMARY:   The Food and Drug                            ‘‘Search’’ box and follow the prompts,                        Regulatory Impact Analysis and FDA
                                           Administration (FDA, we, or the                         and/or go to the Division of Dockets                          Response
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                                           Agency) is issuing this final rule                      Management, 5630 Fishers Lane, Rm.                      IV. Ingredients Not Generally Recognized as
                                                                                                   1061, Rockville, MD 20852.                                    Safe and Effective
                                           establishing that certain active                                                                                V. Effective Date
                                           ingredients used in over-the-counter                    FOR FURTHER INFORMATION CONTACT:                        VI. Summary of Regulatory Impact Analysis
                                           (OTC) consumer antiseptic products                      Pranvera Ikonomi, Center for Drug                          A. Introduction
                                           intended for use with water (referred to                Evaluation and Research, Food and                          B. Summary of Costs and Benefits
                                           throughout this document as consumer                    Drug Administration, 10903 New                          VII. Paperwork Reduction Act of 1995



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Document Created: 2018-02-09 12:04:10
Document Modified: 2018-02-09 12:04:10
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 September 6, 2016.
ContactChair, End-User Review Committee, Office of the Assistant Secretary, Export Administration, Bureau of Industry and Security, U.S. Department of Commerce, Phone: 202-482- 5991; Email: [email protected]
FR Citation81 FR 61104 
RIN Number0694-AH05
CFR AssociatedAdministrative Practice and Procedure; Exports and Reporting and Recordkeeping Requirements

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