82 FR 11505 - Temporary General License: Extension of Validity

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 36 (February 24, 2017)

Page Range		11505-11506
FR Document		2017-03664

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 March 29, 2017. In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of February 27, 2017, and to substitute the date of March 29, 2017. This final rule makes no other changes to the EAR.

Federal Register, Volume 82 Issue 36 (Friday, February 24, 2017)

[Federal Register Volume 82, Number 36 (Friday, February 24, 2017)]
[Rules and Regulations]
[Pages 11505-11506]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03664]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 160106014-7155-06]
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 March 29, 2017. In order to implement this 
decision, this final rule revises the temporary general license to 
remove the expiration date of February 27, 2017, and to substitute the 
date of March 29, 2017. This final rule makes no other changes to the 
EAR.

DATES: This rule is effective February 24, 2017 through March 29, 2017. 
The expiration date of the final rule published on March 24, 2016 (81 
FR 15633) is extended until March 29, 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. 
On November 18, 2016, BIS published a final rule, Temporary General 
License: Extension of Validity (81 FR 81663), which extended, for a 
third time, the validity of the Temporary General License until 
February 27, 2017. 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, August 19, and 
November 18 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, August 19, and November 18 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 March 29, 2017. In order to implement 
this U.S. Government decision, this final rule revises the temporary 
general license to remove the date of February 27, 2017, and substitute 
the date of March 29, 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

[[Page 11506]]

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 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 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); Notice of November 8, 2016, 81 FR 79379 (November 10, 2016).

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

0
2. In Supplement No. 7 to part 744, remove ``February 27, 2017'' and 
add in its place ``March 29, 2017''.

    Dated: February 21, 2017.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2017-03664 Filed 2-23-17; 8:45 am]
 BILLING CODE 3510-33-P

Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Rules and Regulations 11505

DEPARTMENT OF TRANSPORTATION DEPARTMENT OF COMMERCE which were in effect prior to their
addition to the Entity List on March 8,
Federal Aviation Administration Bureau of Industry and Security 2016.
On June 28, 2016, BIS published a
14 CFR Part 71 15 CFR Part 744 final rule, Temporary General License:
Extension of Validity (81 FR 41799),
[Docket No. 160106014–7155–06]
[Docket No. FAA–2016–9265; Airspace
which extended the validity of the
Docket No. 16–ANM–11] RIN 0694–AG82 temporary general license until August
30, 2016. On August 19, 2016, BIS
Temporary General License: Extension published a final rule, Temporary
RIN 2120–AA66 of Validity General License: Extension of Validity
(81 FR 55372), which extended, for a
Amendment of VOR Federal Airways AGENCY: Bureau of Industry and second time, the validity of the
V–235 and V–293 in the Vicinity of Security, Commerce. Temporary General License until
Cedar City, Utah ACTION: Final rule. November 28, 2016. On November 18,
2016, BIS published a final rule,
AGENCY:Federal Aviation SUMMARY: On March 24, 2016, the
Temporary General License: Extension
Administration (FAA), DOT. Bureau of Industry and Security (BIS)
of Validity (81 FR 81663), which
published a final rule, Temporary extended, for a third time, the validity
ACTION: Final rule; correction. General License. The March 24 final of the Temporary General License until
rule created a temporary general license February 27, 2017. Details regarding the
SUMMARY: This action corrects the that restored, for a specified time
preamble to a final rule published in the scope of the listing are at 81 FR 12004
period, the licensing requirements and (Mar. 8, 2016), (‘‘Additions to the Entity
Federal Register of December 6, 2016, policies under the Export List’’). Details regarding the Temporary
amending two Air Traffic Service Administration Regulations (EAR) for General License can be found in the
Routes (ATS) in the vicinity of Cedar exports, reexports, and transfers (in- March 24 final rule and in Supplement
City, Utah. The three letter identifier for country) as of March 7, 2016, to two No. 7 to Part 744—Temporary General
the renamed Enoch VOR/DME entities (ZTE Corporation and ZTE License.
navigation aid is changed from (ENK) to Kangxun) that were added to the Entity BIS issued the March 24 final rule,
(EHK). List on March 8, 2016. At this time, the and the June 28, August 19, and
U.S. Government has decided to extend November 18 extension of validity final
DATES: The effective date of this final the temporary general license until
rule remains 0901 UTC, March 2, 2017. rules, in connection with a request to
March 29, 2017. In order to implement remove or modify the listings. The
The Director of the Federal Register this decision, this final rule revises the March 24 final rule, and the June 28,
approves this incorporation by reference temporary general license to remove the August 19, and November 18 final rules,
under Title 1, Code of Federal expiration date of February 27, 2017, specified that the temporary general
Regulations, part 51, subject to the and to substitute the date of March 29, license was renewable if the U.S.
annual revision of FAA Order 7400.11 2017. This final rule makes no other Government determined, in its sole
and publication of conforming changes to the EAR. discretion, that ZTE Corporation and
amendments. DATES: This rule is effective February ZTE Kangxun were performing their
24, 2017 through March 29, 2017. The undertakings to the U.S. Government in
FOR FURTHER INFORMATION CONTACT:
expiration date of the final rule a timely manner and otherwise
Kenneth Ready, Airspace Policy Group,
published on March 24, 2016 (81 FR cooperating with the U.S. Government
Office of Airspace Services, Federal 15633) is extended until March 29, in resolving the matter which led to the
Aviation Administration, 800 2017. two entities’ listing.
Independence Avenue SW., At this time, the U.S. Government has
Washington, DC 20591; telephone: (202) FOR FURTHER INFORMATION CONTACT:
decided to extend the temporary general
267–8783. Chair, End-User Review Committee,
license until March 29, 2017. In order to
Office of the Assistant Secretary, Export
SUPPLEMENTARY INFORMATION: implement this U.S. Government
Administration, Bureau of Industry and
decision, this final rule revises the
Correction Security, Department of Commerce,
temporary general license to remove the
Phone: (202) 482–5991, Email: ERC@
date of February 27, 2017, and
In the final rule FR Doc. 2016–29143, bis.doc.gov.
substitute the date of March 29, 2017.
beginning on page 87802, in the issue of SUPPLEMENTARY INFORMATION: This final rule makes no other changes
December 6, 2016, make the following to the EAR.
correction, in ‘‘The Rule’’ section: On Background
page 87802, column 3, line 61, remove On March 24, 2016, the Bureau of Export Administration Act
‘‘(ENK)’’ and add in its place ‘‘(EHK)’’. Industry and Security (BIS) published a Although the Export Administration
Issued in Washington, DC, on February 8,
final rule, Temporary General License Act expired on August 20, 2001, the
2017. (81 FR 15633). The March 24 final rule President, through Executive Order
amended the EAR by adding 13222 of August 17, 2001, 3 CFR, 2001
Leslie M. Swann,
Supplement No. 7 to part 744 to create Comp., p. 783 (2002), as amended by
pmangrum on DSK3GDR082PROD with RULES

Acting Manager, Airspace Policy Group. a temporary general license that Executive Order 13637 of March 8,
[FR Doc. 2017–03544 Filed 2–23–17; 8:45 am] returned, until June 30, 2016, the 2013, 78 FR 16129 (March 13, 2013) and
BILLING CODE 4910–13–P licensing and other policies of the EAR as extended by the Notice of August 4,
regarding exports, reexports, and 2016, 81 FR 52587 (August 8, 2016), has
transfers (in-country) to Zhongxing continued the Export Administration
Telecommunications Equipment (ZTE) Regulations in effect under the
Corporation and ZTE Kangxun to that International Emergency Economic

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11506 Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Rules and Regulations

Powers Act. BIS continues to carry out comment and a delay in effective date, DEPARTMENT OF HEALTH AND
the provisions of the Export then the national security and foreign HUMAN SERVICES
Administration Act, as appropriate and policy objectives of this rule would be
to the extent permitted by law, pursuant harmed. Because a notice of proposed Food and Drug Administration
to Executive Order 13222, as amended rulemaking and an opportunity for
by Executive Order 13637. public comment are not required to be 21 CFR Parts 510, 520, 522, 524, and
given for this rule by 5 U.S.C. 553, or 558
Rulemaking Requirements
by any other law, the analytical [Docket No. FDA–2016–N–0002]
1. Executive Orders 13563 and 12866
direct agencies to assess all costs and requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., are New Animal Drugs; Approval of New
benefits of available regulatory Animal Drug Applications; Withdrawal
alternatives and, if regulation is not applicable. Accordingly, no
regulatory flexibility analysis is required of Approval of a New Animal Drug
necessary, to select regulatory
and none has been prepared. Application; Change of Sponsor;
approaches that maximize net benefits
Change of Sponsor’s Address
(including potential economic, List of Subject in 15 CFR Part 744
environmental, public health and safety AGENCY: Food and Drug Administration,
effects, distributive impacts, and Exports, Reporting and recordkeeping HHS.
equity). Executive Order 13563 requirements, Terrorism. Final rule; technical
ACTION:
emphasizes the importance of amendment.
quantifying both costs and benefits, of Accordingly, part 744 of the Export
reducing costs, of harmonizing rules, Administration Regulations (15 CFR SUMMARY: The Food and Drug
and of promoting flexibility. This rule parts 730 through 774) is amended as Administration (FDA or we) is
has been determined to be not follows: amending the animal drug regulations to
significant for purposes of Executive reflect application-related actions for
Order 12866. PART 744—[AMENDED] new animal drug applications (NADAs)
2. Notwithstanding any other and abbreviated new animal drug
provision of law, no person is required ■ 1. The authority citation for 15 CFR applications (ANADAs) during
to respond to or be subject to a penalty part 744 continues to read as follows: September and October 2016. FDA is
for failure to comply with a collection also informing the public of the
of information, subject to the Authority: 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; availability of summaries of the basis of
requirements of the Paperwork approval and of environmental review
42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
Reduction Act of 1995 (44 U.S.C. 3501 documents, where applicable. The
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
et seq.) (PRA), unless that collection of animal drug regulations are also being
1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
information displays a currently valid amended to reflect changes of
3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
Office of Management and Budget sponsorship of several applications and
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
(OMB) Control Number. This regulation a change of a sponsor’s address.
12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
involves collections previously
356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 DATES: This rule is effective February
approved by OMB under control
Comp., p. 228; E.O. 13099, 63 FR 45167, 3 24, 2017, except for the amendment to
number 0694–0088, Simplified Network
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 21 CFR 524.1465, which is effective
Application Processing System, which
44025, 3 CFR, 2001 Comp., p. 783; E.O. March 6, 2017.
includes, among other things, license
13224, 66 FR 49079, 3 CFR, 2001 Comp., p. FOR FURTHER INFORMATION CONTACT:
applications and carries a burden
786; Notice of January 20, 2016, 81 FR 3937 George K. Haibel, Center for Veterinary
estimate of 43.8 minutes for a manual or (January 22, 2016); Notice of August 4, 2016,
electronic submission. Total burden Medicine (HFV–6), Food and Drug
81 FR 52587 (August 8, 2016); Notice of Administration, 7519 Standish Pl.,
hours associated with the PRA and September 15, 2016, 81 FR 64343 (September
OMB control number 0694–0088 are not Rockville, MD 20855, 240–402–5689,
19, 2016); Notice of November 8, 2016, 81 FR george.haibel@fda.hhs.gov.
expected to increase as a result of this 79379 (November 10, 2016).
rule. You may send comments regarding SUPPLEMENTARY INFORMATION:
the collection of information associated Supplement No. 7 to Part 744—
I. Approval Actions
with this rule, including suggestions for [AMENDED]
reducing the burden, to Jasmeet K. FDA is amending the animal drug
Seehra, Office of Management and ■ 2. In Supplement No. 7 to part 744, regulations to reflect approval actions
Budget (OMB), by email to Jasmeet_K._ remove ‘‘February 27, 2017’’ and add in for NADAs and ANADAs during
Seehra@omb.eop.gov, or by fax to (202) its place ‘‘March 29, 2017’’. September and October 2016, as listed
395–7285. in table 1. In addition, FDA is informing
Dated: February 21, 2017.
3. This rule does not contain policies the public of the availability, where
with Federalism implications as that Matthew S. Borman, applicable, of documentation of
term is defined in Executive Order Deputy Assistant Secretary for Export environmental review required under
13132. Administration. the National Environmental Policy Act
4. The provisions of the [FR Doc. 2017–03664 Filed 2–23–17; 8:45 am] (NEPA) and, for actions requiring
Administrative Procedure Act (5 U.S.C. BILLING CODE 3510–33–P review of safety or effectiveness data,
553) requiring notice of proposed summaries of the basis of approval (FOI
pmangrum on DSK3GDR082PROD with RULES

rulemaking, the opportunity for public Summaries) under the Freedom of
comment, and a delay in effective date Information Act (FOIA). These public
are inapplicable because this regulation documents may be seen in the Division
involves a military or foreign affairs of Dockets Management (HFA–305),
function of the United States. (See 5 Food and Drug Administration, 5630
U.S.C. 553(a)(1)). If this rule were Fishers Lane, Rm. 1061, Rockville, MD
delayed to allow for notice and 20852, between 9 a.m. and 4 p.m.,

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Document Created: 2017-02-24 01:17:43
Document Modified: 2017-02-24 01:17:43

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 February 24, 2017 through March 29, 2017. The expiration date of the final rule published on March 24, 2016 (81 FR 15633) is extended until March 29, 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		82 FR 11505
RIN Number		0694-AG82
CFR Associated		Exports; Reporting and Recordkeeping Requirements and Terrorism

82 FR 11505 - Temporary General License: Extension of Validity

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 82, Issue 36 (February 24, 2017)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security