81 FR 81663 - Temporary General License: Extension of Validity

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 81, Issue 223 (November 18, 2016)

Page Range		81663-81664
FR Document		2016-27772

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 February 27, 2017. In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of November 28, 2016, and to substitute the date of February 27, 2017. This final rule makes no other changes to the EAR.

Federal Register, Volume 81 Issue 223 (Friday, November 18, 2016)

[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Rules and Regulations]
[Pages 81663-81664]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27772]


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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.

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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 February 27, 2017. In order to implement this 
decision, this final rule revises the temporary general license to 
remove the expiration date of November 28, 2016, and to substitute the 
date of February 27, 2017. This final rule makes no other changes to 
the EAR.

DATES: This rule is effective November 18, 2016 through February 27, 
2017. The expiration date of the final rule published on March 24, 2016 
(81 FR 15633) is extended until February 27, 2017.

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. On 
August 19, 2016, BIS published a final rule, Temporary General License: 
Extension of Validity (81 FR 55372), which extended, for a second time, 
the validity of the Temporary General License until November 28, 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 and August 19 
extension of validity final rules, in connection with a request to 
remove or modify the listings. The March 24 final rule, and the June 28 
and August 19 final rules, 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 performing their 
undertakings to the U.S. Government in a timely manner 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 February 27, 2017. In order to 
implement this U.S. Government decision, this final rule revises the 
temporary general license to remove the date of November 28, 2016, and 
substitute the date of February 27, 2017. 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 or 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

[[Page 81664]]

U.S.C. 553(a)(1)). If this rule were delayed to allow for notice and 
comment and a delay in effective date, then the national security and 
foreign policy objectives of this rule would be harmed. Because a 
notice of proposed rulemaking and an opportunity for public comment are 
not required to be given for this rule by 5 U.S.C. 553, or by any other 
law, the analytical requirements of the Regulatory Flexibility Act, 5 
U.S.C. 601 et seq., are not applicable. Accordingly, no regulatory 
flexibility analysis is required and none has been prepared.

List of Subject in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, part 744 of the Export Administration Regulations (15 
CFR parts 730 through 774) is amended as follows:

PART 744--[AMENDED]

0
 1. The authority citation for 15 CFR part 744 continues to read as 
follows:

    Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 
U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; 
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 
CFR, 2001 Comp., p. 786; Notice of 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); 
Notice of September 15, 2016, 81 FR 64343 (September 19, 2016).

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

0
2. In Supplement No. 7 to part 744, remove ``November 28, 2016'' and 
add in its place ``February 27, 2017''.

    Dated: November 14, 2016.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2016-27772 Filed 11-17-16; 8:45 am]
 BILLING CODE 3510-33-P

Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations 81663

Issued in Kansas City, Missouri, on amended the EAR by adding Regulations in effect under the
November 7, 2016. Supplement No. 7 to part 744 to create International Emergency Economic
Pat Mullen, a temporary general license that Powers Act. BIS continues to carry out
Acting Manager, Small Airplane Directorate, returned, until June 30, 2016, the the provisions of the Export
Aircraft Certification Service. licensing and other policies of the EAR Administration Act, as appropriate and
[FR Doc. 2016–27444 Filed 11–17–16; 8:45 am] regarding exports, reexports, and to the extent permitted by law, pursuant
BILLING CODE 4910–13–P transfers (in-country) to Zhongxing to Executive Order 13222, as amended
Telecommunications Equipment (ZTE) by Executive Order 13637.
Corporation and ZTE Kangxun to that
Rulemaking Requirements
DEPARTMENT OF COMMERCE which were in effect prior to their
addition to the Entity List on March 8, 1. Executive Orders 13563 and 12866
Bureau of Industry and Security 2016. direct agencies to assess all costs and
On June 28, 2016, BIS published a benefits of available regulatory
15 CFR Part 744 final rule, Temporary General License: alternatives and, if regulation is
Extension of Validity (81 FR 41799), necessary, to select regulatory
[Docket No. 160106014–6728–04] which extended the validity of the approaches that maximize net benefits
RIN 0694–AG82 temporary general license until August (including potential economic,
30, 2016. On August 19, 2016, BIS environmental, public health and safety
Temporary General License: Extension published a final rule, Temporary effects, distributive impacts, and
of Validity General License: Extension of Validity equity). Executive Order 13563
(81 FR 55372), which extended, for a emphasizes the importance of
AGENCY: Bureau of Industry and second time, the validity of the quantifying both costs and benefits, of
Security, Commerce. Temporary General License until reducing costs, of harmonizing rules,
ACTION: Final rule. November 28, 2016. Details regarding and of promoting flexibility. This rule
the scope of the listing are at 81 FR has been determined to be not
SUMMARY: On March 24, 2016, the 12004 (Mar. 8, 2016), (‘‘Additions to the significant for purposes of Executive
Bureau of Industry and Security (BIS) Entity List’’). Details regarding the Order 12866.
published a final rule, Temporary Temporary General License can be 2. Notwithstanding any other
General License. The March 24 final found in the March 24 final rule and in provision of law, no person is required
rule created a temporary general license Supplement No. 7 to Part 744— to respond to or be subject to a penalty
that restored, for a specified time Temporary General License. for failure to comply with a collection
period, the licensing requirements and BIS issued the March 24 final rule, of information, subject to the
policies under the Export and the June 28 and August 19 requirements of the Paperwork
Administration Regulations (EAR) for extension of validity final rules, in Reduction Act of 1995 (44 U.S.C. 3501
exports, reexports, and transfers (in- connection with a request to remove or et seq.) (PRA), unless that collection of
country) as of March 7, 2016, to two modify the listings. The March 24 final information displays a currently valid
entities (ZTE Corporation and ZTE rule, and the June 28 and August 19 Office of Management and Budget
Kangxun) that were added to the Entity final rules, specified that the temporary (OMB) Control Number. This regulation
List on March 8, 2016. At this time, the general license was renewable if the involves collections previously
U.S. Government has decided to extend U.S. Government determined, in its sole approved by OMB under control
the temporary general license until discretion, that ZTE Corporation and number 0694–0088, Simplified Network
February 27, 2017. In order to ZTE Kangxun were performing their Application Processing System, which
implement this decision, this final rule undertakings to the U.S. Government in includes, among other things, license
revises the temporary general license to a timely manner and otherwise applications and carries a burden
remove the expiration date of November cooperating with the U.S. Government estimate of 43.8 minutes for a manual or
28, 2016, and to substitute the date of in resolving the matter which led to the electronic submission. Total burden
February 27, 2017. This final rule makes two entities’ listing. hours associated with the PRA and
no other changes to the EAR. At this time, the U.S. Government has OMB control number 0694–0088 are not
DATES: This rule is effective November decided to extend the temporary general expected to increase as a result of this
18, 2016 through February 27, 2017. The license until February 27, 2017. In order rule. You may send comments regarding
expiration date of the final rule to implement this U.S. Government the collection of information associated
published on March 24, 2016 (81 FR decision, this final rule revises the with this rule, including suggestions for
15633) is extended until February 27, temporary general license to remove the reducing the burden, to Jasmeet K.
2017. date of November 28, 2016, and Seehra, Office of Management and
substitute the date of February 27, 2017. Budget (OMB), by email to Jasmeet_K._
FOR FURTHER INFORMATION CONTACT:
This final rule makes no other changes Seehra@omb.eop.gov, or by fax to (202)
Chair, End-User Review Committee,
to the EAR. 395–7285.
Office of the Assistant Secretary, Export 3. This rule does not contain policies
Administration, Bureau of Industry and Export Administration Act with Federalism implications as that
Security, Department of Commerce, Although the Export Administration term is defined in Executive Order
Phone: (202) 482–5991, Email: ERC@ Act expired on August 20, 2001, the 13132.
bis.doc.gov. President, through Executive Order 4. The provisions of the
mstockstill on DSK3G9T082PROD with RULES

SUPPLEMENTARY INFORMATION: 13222 of August 17, 2001, 3 CFR, 2001 Administrative Procedure Act (5 U.S.C.
Comp., p. 783 (2002), as amended by 553) requiring notice of proposed
Background Executive Order 13637 of March 8, rulemaking, the opportunity for public
On March 24, 2016, the Bureau of 2013, 78 FR 16129 (March 13, 2013) and comment, and a delay in effective date
Industry and Security (BIS) published a as extended by the Notice of August 4, are inapplicable because this regulation
final rule, Temporary General License 2016, 81 FR 52587 (August 8, 2016), has involves a military or foreign affairs
(81 FR 15633). The March 24 final rule continued the Export Administration function of the United States. (See 5

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81664 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations

U.S.C. 553(a)(1)). If this rule were ACTION: Final rule. warranty. The Rule additionally
delayed to allow for notice and provides that the Buyers Guide
comment and a delay in effective date, SUMMARY: The Federal Trade disclosures are to be incorporated by
then the national security and foreign Commission (‘‘FTC’’ or ‘‘Commission’’) reference into the sales contract, and are
policy objectives of this rule would be amends the Used Motor Vehicle Trade to govern in the event of an
harmed. Because a notice of proposed Regulation Rule (‘‘Rule’’ or ‘‘Used Car inconsistency between the Buyers Guide
rulemaking and an opportunity for Rule’’). The Final Rule adopts the and the sales contract. The Rule requires
public comment are not required to be following proposals: adding a Buyers Spanish language versions of the Buyers
given for this rule by 5 U.S.C. 553, or Guide statement recommending that Guide when dealers conduct sales in
by any other law, the analytical consumers obtain a vehicle history Spanish. The Rule also requires other
requirements of the Regulatory report (‘‘VHR’’), and directing them to disclosures that must be printed directly
Flexibility Act, 5 U.S.C. 601 et seq., are an FTC website for more information on the Buyers Guide, including: a
not applicable. Accordingly, no about VHRs and safety recalls; revising suggestion that consumers ask the
regulatory flexibility analysis is required the Buyers Guide statement describing dealer if a pre-purchase inspection is
and none has been prepared. the meaning of an ‘‘As Is’’ sale in which permitted; a warning against reliance on
a dealer offers a vehicle for sale without spoken promises that are not confirmed
List of Subject in 15 CFR Part 744 a warranty; adding boxes to the front of in writing; and a list of fourteen major
Exports, Reporting and recordkeeping the Buyers Guide where dealers can systems of a used motor vehicle and the
requirements, Terrorism. indicate additional warranty and service major defects that may occur in these
Accordingly, part 744 of the Export contract coverage; adding a Spanish systems (‘‘List of Systems’’).
Administration Regulations (15 CFR statement to the English Buyers Guide In July 2008, the Commission
parts 730 through 774) is amended as advising consumers to ask for a copy of commenced its periodic regulatory
follows: the Buyers Guide in Spanish if the review of the Rule (‘‘Regulatory
dealer is conducting the sale in Spanish Review’’) to examine its efficacy, costs,
PART 744—[AMENDED] (and providing a Spanish translation of and benefits, and to determine whether
the optional consumer acknowledgment to retain, to modify, or to rescind the
■ 1. The authority citation for 15 CFR of receipt of the Buyers Guide); and Rule.2 The Commission also asked for
part 744 continues to read as follows: adding air bags and catalytic converters public comments on the Spanish
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. to the list of major defects on the back translation of the Buyers Guide, the List
1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. of the Buyers Guide. of Systems and defects on the back of
2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; DATES: This Rule is effective on January the Buyers Guide, and whether to revise
E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., the Buyers Guide by adding boxes
27, 2017.
p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 where dealers could disclose non-dealer
Comp., p. 608; E.O. 12938, 59 FR 59099, 3 ADDRESSES: Copies of this document are
available on the Commission’s website, warranties offered by third parties.3 The
CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR
5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, www.ftc.gov. Commission received twenty-five
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. comments from twenty-one
FOR FURTHER INFORMATION CONTACT: John commenters, including an automobile
13099, 63 FR 45167, 3 CFR, 1998 Comp., p. C. Hallerud, (312) 960–5634, Attorney,
208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 auction firm, an automotive repair firm,
Comp., p. 783; E.O. 13224, 66 FR 49079, 3
Midwest Region, Federal Trade an online seller of used cars, automobile
CFR, 2001 Comp., p. 786; Notice of Commission, 55 West Monroe Street, dealers, individual consumers, a
November 12, 2015, 80 FR 70667 (November Suite 1825, Chicago, IL 60603. consumer protection attorney, a group
13, 2015); Notice of January 20, 2016, 81 FR SUPPLEMENTARY INFORMATION: of consumer advocacy organizations,
3937 (January 22, 2016); Notice of August 4, national automobile dealers’
2016, 81 FR 52587 (August 8, 2016); Notice I. Background
associations, state automobile dealers’
of September 15, 2016, 81 FR 64343 The Used Car Rule requires dealers to
(September 19, 2016).
associations, suppliers of dealer forms,
display on used cars offered for sale a county consumer protection agencies,
Supplement No. 7 to Part 744— window sticker called a ‘‘Buyers Guide’’ the National Association of Attorneys
[Amended] containing warranty and other General, the International Association of
information. The Commission Lemon Law Administrators, and the
■ 2. In Supplement No. 7 to part 744, promulgated the Used Car Rule in 1984,
remove ‘‘November 28, 2016’’ and add Wisconsin Department of
and the Rule became effective in 1985.1 Transportation.4 Among other things,
in its place ‘‘February 27, 2017’’. One of the principal goals of the Used commenters recommended that the
Dated: November 14, 2016. Car Rule is to prevent oral Commission require dealers to provide
Kevin J. Wolf, misrepresentations and unfair omissions consumers with VHRs.5
Assistant Secretary for Export of material facts by used car dealers In December 2012, the FTC issued a
Administration. concerning warranty coverage. To notice of proposed rulemaking
[FR Doc. 2016–27772 Filed 11–17–16; 8:45 am] accomplish that goal, the Rule provides (‘‘NPRM’’) with proposed changes to the
BILLING CODE 3510–33–P
a uniform method for disclosing Rule.6 In the NPRM, the Commission
warranty information on the ‘‘Buyers proposed adding a statement to the
Guide.’’ The Rule requires used car Buyers Guide advising consumers about
FEDERAL TRADE COMMISSION dealers to disclose on the Buyers Guide
whether they are offering a used car for 2 73 FR 42285 (July 21, 2008).
mstockstill on DSK3G9T082PROD with RULES

16 CFR Part 455 sale with a dealer’s warranty and, if so, 3 73 FR 42285.
the basic terms, including the duration 4 https://www.ftc.gov/policy/public-comments/
RIN 3084–AB05 of coverage, the percentage of total initiative-259; https://www.ftc.gov/policy/public-
comments/initiative-294.
Used Motor Vehicle Trade Regulation repair costs to be paid by the dealer, and 5 https://www.ftc.gov/policy/public-comments/

Rule the exact systems covered by the initiative-259; https://www.ftc.gov/policy/public-
comments/initiative-294.
AGENCY: Federal Trade Commission. 1 49 FR 45692 (Nov. 19, 1984). 6 77 FR 74746 (Dec. 17, 2012).

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Document Created: 2018-02-14 08:31:32
Document Modified: 2018-02-14 08:31:32

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective November 18, 2016 through February 27, 2017. The expiration date of the final rule published on March 24, 2016 (81 FR 15633) is extended until February 27, 2017.
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]
FR Citation		81 FR 81663
RIN Number		0694-AG82
CFR Associated		Exports; Reporting and Recordkeeping Requirements and Terrorism

81 FR 81663 - Temporary General License: Extension of Validity

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 81, Issue 223 (November 18, 2016)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security