82 FR 18217 - Revision to an Entry on the Entity List
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 82, Issue 73 (April 18, 2017)
Bureau of Industry and Security
Federal Register Volume 82, Issue 73 (April 18, 2017)
| Page Range | 18217-18220 | |
| FR Document | 2017-07833 |
[Federal Register Volume 82, Number 73 (Tuesday, April 18, 2017)] [Rules and Regulations] [Pages 18217-18220] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07833] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [Docket No. 170207154-7253-01] RIN 0694-AH32 Revision to an Entry on the Entity List AGENCY: Bureau of Industry and Security, Commerce ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule amends the Export Administration Regulations (EAR) by revising one existing entry in the Entity List, under the destination of Russia. The license requirement for the entry is being revised to conform with a general license issued by the Department of the Treasury's Office of Foreign Assets Control on February 2, 2017. DATES: This rule is effective April 18, 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: [[Page 18218]] Background The Entity List (Supplement No. 4 to Part 744) identifies entities and other persons reasonably believed to be involved, or to pose a significant risk of being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States. The EAR imposes additional license requirements on, and limits the availability of most license exceptions for, exports, reexports, and transfers (in-country) to those listed. The ``license review policy'' for each listed entity or other person is identified in the License Review Policy column on the Entity List and the impact on the availability of license exceptions is described in the Federal Register notice adding entities or other persons to the Entity List. BIS places entities and other persons on the Entity List pursuant to sections of part 744 (Control Policy: End-User and End-Use Based) and part 746 (Embargoes and Other Special Controls) of the EAR. The ERC, composed of representatives of the Departments of Commerce (Chair), State, Defense, Energy and, where appropriate, the Treasury, makes all decisions regarding additions to, removals from, or other modifications to the Entity List. The ERC makes all decisions to add an entry to the Entity List by majority vote and all decisions to remove or modify an entry by unanimous vote. Entity List Revision This rule implements the decision of the ERC to revise one existing entry in the Entity List, under the destination of Russia as described below. Modification to License Requirements for an Entry on the Entity List On February 2, 2017, the Department of the Treasury's Office of Foreign Assets Control (OFAC) issued General License No. 1, Authorizing Certain Transactions with the Federal Security Service, an entity in the Russian Federation. This general license authorizes transactions and activities, otherwise prohibited pursuant to Executive Order 13694 (E.O.) of April 1, 2015, as amended by E.O. 13757 of December 28, 2016, that are necessary and ordinarily incident to: Requesting, receiving, utilizing, paying for, or dealing in licenses, permits, certifications, or notifications issued or registered by the Federal Security Service (a.k.a. Federalnaya Sluzhba Bezopasnosti) (a.k.a. FSB) for the importation, distribution or use of information technology products in the Russian Federation, provided that (i) the exportation, reexportation, or provision of any goods or technology that are subject to the EAR, 15 CFR parts 730 through 774, are licensed or otherwise authorized by the Department of Commerce and (ii) the payment of any fees to the Federal Security Service for such licenses, permits, certifications, or notifications does not exceed $5,000 in any calendar year. The OFAC general license also authorizes transactions and activities ordinary and necessarily incident to complying with law enforcement or administrative actions or investigations involving the Federal Security Service and transactions and activities ordinary and necessarily incident to complying with rules and regulations administrated by the Federal Security Service. The general license does not authorize exportation, reexportation, or provision of any goods, technology, or services to the Crimea region of Ukraine or any transactions that otherwise violate E.O. 13757 of April 1, 2015. Any questions regarding to the scope of this general license should be directed to OFAC. In light of OFAC's General License No. 1, BIS makes a conforming change by modifying the listing for the Federal Security Service on the Entity List under the destination of Russia (the term used in the EAR for the Russian Federation). This final rule modifies the license requirement column for this entity to specify that the Entity List's license requirements do not apply to items subject to the EAR that are related to transactions authorized by OFAC pursuant to new General License No. 1 (i.e., transactions that are necessary and ordinarily incident to requesting, receiving, utilizing, paying for, or dealing in licenses, permits, certifications, or notifications issued or registered by the Federal Security Service (a.k.a. Federalnaya Sluzhba Bezopasnosti) (a.k.a. FSB) for the importation, distribution, or use of information technology products in the Russian Federation, so long as the transactions do not involve exportation, reexportation, or provision of any goods, technology, or services to the Crimea region of Ukraine and do not otherwise violate E.O. 13757). Except for the limited purposes described above, this conforming change does not authorize the exportation, reexportation, or provision of goods or technology to or on behalf of the Federal Security Service. This final rule makes the following revision to one entry on the Entity List: Russia (1) Federal Security Service (FSB), a.k.a., the following one alias: --Federalnaya Sluzhba Bezopasnosti. Ulitsa Kuznetskiy Most, Dom 22, Moscow 107031, Russia; and Lubyanskaya Ploschad, Dom 2, Moscow 107031, Russia. Note: As described above, the changes this final rule makes to this Russian entity are limited to the License requirement column for this entry. Export Administration Act of 1979 Although the Export Administration Act of 1979 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 of 1979, as appropriate and to the extent permitted by law, pursuant to Executive Order 13222, as amended by Executive Order 13637. Rulemaking Requirements 1. Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been determined to be not significant for purposes of Executive Order 12866. 2. Notwithstanding any other provision of law, no person is required to respond to nor be subject to a penalty for failure to comply with a collection of information, subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. This regulation involves collections previously approved by OMB under control number 0694-0088, Simplified Network Application Processing System, which includes, among other things, license [[Page 18219]] 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. Section 553(d) of the Administrative Procedure Act (APA) generally provides that rules may not take effect earlier than thirty (30) days after they are published in the Federal Register. BIS finds good cause to waive the 30-day delay in effectiveness under 5 U.S.C. 553(d)(1) because this rule is a substantive rule which relieves a restriction. This rule's revision of the license requirement for the Federal Security Service (FSB) reduces the compliance burden that may be imposed on exporters due to the inconsistent sanctions. The revision also reduces the parties that are affected by the license requirements, addressing an unintended consequence of listing this entity on the Entity List. In addition, the Department finds that there is good cause under 5 U.S.C. 553(b)(3)(B) to waive the provisions of the Administrative Procedure Act (APA) requiring prior notice and the opportunity for public comment for the revision included in this rule because they are either unnecessary or contrary to the public interest. The revision is limited to ensure consistency with OFAC's General License No. 1, and thus prior notice and the opportunity for public comment are unnecessary. The conforming change to the listing for Federal Security Service (FSB) is intended to ensure consistent treatment of this entity under both the EAR and OFAC's sanctions regime. Narrowing the scope of the license requirements addresses unintended consequences and unnecessary economic losses that U.S. exporters may face as they turn away potential sales due to this entity being listed on the Entity List. By publishing without prior notice and comment, U.S. exporters will be able to submit licenses, permits, certifications and notifications that are required under Russian law for information technology products imported into, distributed or used in Russia immediately, an action which was approved under OFAC's General License No. 1 since February 2, 2017. A prolonging of the inconsistent treatment for the sanctioned entity would create unnecessary compliance burden on exporters who are complying with OFAC and BIS regulations as well as additional delay and loss of potential sales for U.S. exporters. 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 744 Exports, Reporting and recordkeeping requirements, Terrorism. Accordingly, part 744 of the Export Administration Regulations (15 CFR parts 730-774) 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 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); Notice of January 13, 2017, 82 FR 6165 (January 18, 2017). 0 2. Supplement No. 4 to part 744 is amended by revising, under Russia, one Russian entity ``Federal Security Service (FSB), a.k.a., the following one alias: Federalnaya Sluzhba Bezopasnosti. Ulitsa Kuznetskiy Most, Dom 22, Moscow 107031, Russia; and Lubyanskaya Ploschad, Dom 2, Moscow 107031, Russia'' to read as follows: Supplement No. 4 to Part 744--Entity List * * * * * ---------------------------------------------------------------------------------------------------------------- License review Federal Register Country Entity License requirement policy citation ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- RUSSIA................. * * * * * * Federal Security Service For all items Presumption of 82 FR 724, 1/4/ (FSB), a.k.a., the subject to the EAR denial. 17. 82 FR following one alias: (see Sec. 744.11 [INSERT FR PAGE --Federalnaya Sluzhba of the EAR), apart NUMBER AND 4/18/ Bezopasnosti. from items that 17]. Ulitsa Kuznetskiy Most, Dom are related to 22, Moscow 107031, Russia; transactions that and Lubyanskaya Ploschad, are authorized by Dom 2, Moscow 107031, the Department of Russia. the Treasury's Office of Foreign Assets Control pursuant to General License No. 1 of February 2, 2017. * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 18220]] Dated: April 13, 2017. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. 2017-07833 Filed 4-17-17; 8:45 am] BILLING CODE 3510-33-P
![Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Rules and Regulations 18217
appears to have firmed somewhat. Inflation interpretive rules and statements of PART 204—RESERVE
has increased in recent quarters, moving policy; or (3) an agency finding good REQUIREMENTS OF DEPOSITORY
close to the Committee’s 2 percent longer-run cause for shortened notice and INSTITUTIONS (REGULATION D)
objective; excluding energy and food prices, publishing its reasoning with the rule.
inflation was little changed and continued to 1. The authority citation for part 204
run somewhat below 2 percent. Market-based
12 U.S.C. 553(d). ■
measures of inflation compensation remain The Board has determined that good continues to read as follows:
low; survey-based measures of longer-term cause exists for finding that the notice, Authority: 12 U.S.C. 248(a), 248(c), 461,
inflation expectations are little changed, on public comment, and delayed effective 601, 611, and 3105.
balance. date provisions of the APA are
Consistent with its statutory mandate, the
■ 2. Section 204.10 is amended by
unnecessary, impracticable, or contrary revising paragraph (b)(5) to read as
Committee seeks to foster maximum
to the public interest with respect to the follows:
employment and price stability. The
Committee expects that, with gradual final amendments to Regulation D. The
rate increases for IORR and IOER that § 204.10 Payment of interest on balances.
adjustments in the stance of monetary policy,
economic activity will expand at a moderate are reflected in the final amendments to * * * * *
pace, labor market conditions will strengthen Regulation D were made with a view (b) * * *
somewhat further, and inflation will stabilize towards accommodating commerce and (5) The rates for IORR and IOER are:
around 2 percent over the medium term. business and with regard to their
Near-term risks to the economic outlook bearing upon the general credit situation Rate
appear roughly balanced. The Committee of the country. Notice and public (percent)
continues to closely monitor inflation
comment would prevent the Board’s
indicators and global economic and financial IORR ............................................. 1.00
developments. action from being effective as promptly IOER ............................................. 1.00
In view of realized and expected labor as necessary in the public interest, and
market conditions and inflation, the would not otherwise serve any useful * * * * *
Committee decided to raise the target range purpose. Notice, public comment, and a
for the federal funds rate to 3⁄4 to 1 percent. delayed effective date would create By order of the Board of Governors of the
The stance of monetary policy remains Federal Reserve System, April 12, 2017.
uncertainty about the finality and
accommodative, thereby supporting some effectiveness of the Board’s action and Ann E. Misback,
further strengthening in labor market undermine the effectiveness of that Secretary of the Board.
conditions and a sustained return to 2 [FR Doc. 2017–07743 Filed 4–17–17; 8:45 am]
action. Accordingly, the Board has
percent inflation.
determined that good cause exists to BILLING CODE 6210–01–P
A Federal Reserve Implementation note dispense with the notice, public
released simultaneously with the comment, and delayed effective date
announcement stated that: procedures of the APA with respect to
the final amendments to Regulation D. DEPARTMENT OF COMMERCE
The Board of Governors of the Federal
Reserve System voted unanimously to raise
IV. Regulatory Flexibility Analysis Bureau of Industry and Security
the interest rate paid on required and excess
reserve balances to 1.00 percent, effective The Regulatory Flexibility Act
March 16, 2017. 15 CFR Part 744
(‘‘RFA’’) does not apply to a rulemaking
As a result, the Board is amending where a general notice of proposed [Docket No. 170207154–7253–01]
§ 204.10(b)(5) of Regulation D to change rulemaking is not required.5 As noted
IORR to 1.00 percent and IOER to 1.00 previously, the Board has determined
RIN 0694–AH32
percent. that it is unnecessary and contrary to
the public interest to publish a general Revision to an Entry on the Entity List
III. Administrative Procedure Act
notice of proposed rulemaking for this
In general, the Administrative final rule. Accordingly, the RFA’s AGENCY: Bureau of Industry and
Procedure Act (12 U.S.C. 551 et seq.) requirements relating to an initial and Security, Commerce
(‘‘APA’’) imposes three principal final regulatory flexibility analysis do ACTION: Final rule.
requirements when an agency not apply.
promulgates legislative rules (rules SUMMARY: This rule amends the Export
made pursuant to congressionally V. Paperwork Reduction Act Administration Regulations (EAR) by
delegated authority): (1) Publication In accordance with the Paperwork revising one existing entry in the Entity
with adequate notice of a proposed rule; Reduction Act (‘‘PRA’’) of 1995 (44 List, under the destination of Russia.
(2) followed by a meaningful U.S.C. 3506; 5 CFR part 1320, appendix The license requirement for the entry is
opportunity for the public to comment A.1), the Board reviewed the final rule being revised to conform with a general
on the rule’s content; and (3) under the authority delegated to the license issued by the Department of the
publication of the final rule not less Board by the Office of Management and Treasury’s Office of Foreign Assets
than 30 days before its effective date. Budget. The final rule contains no Control on February 2, 2017.
The APA provides that notice and requirements subject to the PRA. DATES: This rule is effective April 18,
comment procedures do not apply if the 2017.
agency for good cause finds them to be List of Subjects in 12 CFR Part 204
FOR FURTHER INFORMATION CONTACT:
‘‘unnecessary, impracticable, or contrary
Banks, Banking, Reporting and Chair, End-User Review Committee,
to the public interest.’’ 12 U.S.C.
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recordkeeping requirements. Office of the Assistant Secretary, Export
553(b)(3)(A). Section 553(d) of the APA
also provides that publication not less For the reasons set forth in the Administration, Bureau of Industry and
than 30 days prior to a rule’s effective preamble, the Board amends 12 CFR Security, Department of Commerce,
date is not required for (1) a substantive part 204 as follows: Phone: (202) 482–5991, Email: ERC@
rule which grants or recognizes an bis.doc.gov.
exemption or relieves a restriction; (2) 55 U.S.C. 603 and 604. SUPPLEMENTARY INFORMATION:
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applications and carries a burden to the public interest. The revision is List of Subjects in 15 CFR Part 744
estimate of 43.8 minutes for a manual or limited to ensure consistency with
electronic submission. Total burden OFAC’s General License No. 1, and thus Exports, Reporting and recordkeeping
hours associated with the PRA and prior notice and the opportunity for requirements, Terrorism.
OMB control number 0694–0088 are not public comment are unnecessary. The Accordingly, part 744 of the Export
expected to increase as a result of this conforming change to the listing for Administration Regulations (15 CFR
rule. You may send comments regarding Federal Security Service (FSB) is parts 730–774) is amended as follows:
the collection of information associated intended to ensure consistent treatment
with this rule, including suggestions for of this entity under both the EAR and PART 744—[AMENDED]
reducing the burden, to Jasmeet K. OFAC’s sanctions regime. Narrowing
Seehra, Office of Management and the scope of the license requirements ■ 1. The authority citation for 15 CFR
Budget (OMB), by email to Jasmeet_K._ addresses unintended consequences and part 744 continues to read as follows:
Seehra@omb.eop.gov, or by fax to (202) unnecessary economic losses that U.S.
395–7285. Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.
exporters may face as they turn away 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C.
3. This rule does not contain policies potential sales due to this entity being
with Federalism implications as that 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
listed on the Entity List. By publishing E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp.,
term is defined in Executive Order without prior notice and comment, U.S. p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993
13132. exporters will be able to submit Comp., p. 608; E.O. 12938, 59 FR 59099, 3
4. Section 553(d) of the licenses, permits, certifications and CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR
Administrative Procedure Act (APA) notifications that are required under 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026,
generally provides that rules may not Russian law for information technology 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
take effect earlier than thirty (30) days 13099, 63 FR 45167, 3 CFR, 1998 Comp., p.
products imported into, distributed or
after they are published in the Federal 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001
used in Russia immediately, an action
Register. BIS finds good cause to waive Comp., p. 783; E.O. 13224, 66 FR 49079, 3
which was approved under OFAC’s
the 30-day delay in effectiveness under CFR, 2001 Comp., p. 786; Notice of August
General License No. 1 since February 2,
5 U.S.C. 553(d)(1) because this rule is a 4, 2016, 81 FR 52587 (August 8, 2016); Notice
2017. A prolonging of the inconsistent
substantive rule which relieves a of September 15, 2016, 81 FR 64343
treatment for the sanctioned entity (September 19, 2016); Notice of November 8,
restriction. This rule’s revision of the
would create unnecessary compliance 2016, 81 FR 79379 (November 10, 2016);
license requirement for the Federal
burden on exporters who are complying Notice of January 13, 2017, 82 FR 6165
Security Service (FSB) reduces the
with OFAC and BIS regulations as well (January 18, 2017).
compliance burden that may be
imposed on exporters due to the as additional delay and loss of potential
sales for U.S. exporters. ■ 2. Supplement No. 4 to part 744 is
inconsistent sanctions. The revision also amended by revising, under Russia, one
reduces the parties that are affected by No other law requires that a notice of
Russian entity ‘‘Federal Security Service
the license requirements, addressing an proposed rulemaking and an
(FSB), a.k.a., the following one alias:
unintended consequence of listing this opportunity for public comment be
entity on the Entity List. given for this final rule. Because a Federalnaya Sluzhba Bezopasnosti.
In addition, the Department finds that notice of proposed rulemaking and an Ulitsa Kuznetskiy Most, Dom 22,
there is good cause under 5 U.S.C. opportunity for public comment are not Moscow 107031, Russia; and
553(b)(3)(B) to waive the provisions of required under the APA or by any other Lubyanskaya Ploschad, Dom 2, Moscow
the Administrative Procedure Act (APA) law, the analytical requirements of the 107031, Russia’’ to read as follows:
requiring prior notice and the Regulatory Flexibility Act (5 U.S.C. 601
opportunity for public comment for the et seq.) are not applicable. As a result, Supplement No. 4 to Part 744—Entity
revision included in this rule because no final regulatory flexibility analysis is List
they are either unnecessary or contrary required and none has been prepared. * * * * *
Country Entity License requirement License review policy Federal Register citation
* * * * * * *
RUSSIA ............ * * * * * *
Federal Security Service (FSB), a.k.a., For all items subject to Presumption of denial ...... 82 FR 724, 1/4/17. 82 FR
the following one alias: the EAR (see § 744.11 [INSERT FR PAGE
—Federalnaya Sluzhba Bezopasnosti. of the EAR), apart from NUMBER AND 4/18/
Ulitsa Kuznetskiy Most, Dom 22, Mos- items that are related to 17].
cow 107031, Russia; and transactions that are
Lubyanskaya Ploschad, Dom 2, Mos- authorized by the De-
cow 107031, Russia. partment of the Treas-
ury’s Office of Foreign
Assets Control pursuant
to General License No.
1 of February 2, 2017.
* * * * * *
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* * * * * * *
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Dated: April 13, 2017. and seven World Data Centers. These schedule of fees but rather the addition
Matthew S. Borman, centers respond to over 2,000,000 of one new fee.
Deputy Assistant Secretary for Export requests for these data and products
Classification
Administration. annually from over 70 countries. This
[FR Doc. 2017–07833 Filed 4–17–17; 8:45 am] collection of environmental data and This rule has been determined to be
BILLING CODE 3510–33–P products is growing rapidly, both in size not significant for purposes of E.O.
and sophistication, and as a result the 12866. The provisions of the
associated costs have increased. Administrative Procedure Act (5 U.S.C.
DEPARTMENT OF COMMERCE Users have the ability to access the 553) requiring notice of proposed
data offline, online and through the rulemaking and the opportunity for
National Oceanic and Atmospheric NESDIS e-Commerce System (NeS) public comment are inapplicable
Administration online store. Our ability to provide data, because this rule falls within the public
information, products and services property exception of subparagraph
15 CFR Part 950 depends on user fees. (a)(2) of section 553, as it relates only to
[Docket No. 161107999–6999–01]
the assessment of fees, as authorized by
Fee Schedule 15 U.S.C. 1534, that accurately reflect
RIN 0648–BG39 In an October 22, 2015, final rule (80 the costs of providing access to publicly
FR 63914), NESDIS established a new available environmental data,
Schedule of Fees for Access to NOAA schedule of fees for the sale of its data, information, and related products.
Environmental Data, Information, and information, and related products and Further, no other law requires that a
Related Products and Services services to users (‘‘October 2015 Fee notice of proposed rulemaking and an
AGENCY: National Environmental Schedule Rule’’). NESDIS revised the opportunity for public comment be
Satellite, Data and Information Service fee schedule that had been in effect given for this rule. Because a notice of
(NESDIS), National Oceanic and since 2013 to ensure that the fees proposed rulemaking and an
Atmospheric Administration (NOAA), accurately reflect the costs of providing opportunity for public comment are not
Department of Commerce. access to the environmental data, required to be given for this rule under
information, and related products and 5 U.S.C. 553 or by any other law, the
ACTION: Final rule. services. requirements of the Regulatory
SUMMARY: In this final rule, NESDIS NESDIS will continue to review the Flexibility Act (5 U.S.C. 601 et seq.) are
adds a new service/product to the user fees periodically, and will revise not applicable. Accordingly, no
NESDIS FY 2017 schedule of fees for the such fees as necessary. Any future Regulatory Flexibility Analysis is
sale of its data, information, and related changes in the user fees and their required and none has been prepared.
products and services to users. NESDIS effective date will be announced
through notice in the Federal Register. List of Subjects in 15 CFR Part 950
is authorized under the United States
Code to assess fees, up to fair market Organization and functions
Need for Addition
value, for access to environmental data, (government agencies).
High Definition Geomagnetic Model— Dated: April 5, 2017.
information, and products derived from,
Real Time accurately models the
collected, and/or archived by NOAA. Cherish Johnson,
magnetic fields originating in the Earth’s
This action adds a new user fee for a Chief Financial Officer/Chief Administrative
magnetosphere in real-time using a
data product titled, High Definition Officer.
combination of solar-wind observing
Geomagnetic Model—Real Time. For the reasons set forth above, 15
satellites situated between Earth and
DATES: Effective May 18, 2017. sun and a chain of geomagnetic CFR part 950 is amended as follows:
FOR FURTHER INFORMATION CONTACT: observatories on the Earth’s surface.
Lynn Hodges (301) 713–7064. We are adding a new user fee for this PART 950—ENVIRONMENTAL DATA
data product—High Definition AND INFORMATION
SUPPLEMENTARY INFORMATION:
Geomagnetic Model—Real Time—to the
Background ■ 1. The authority citation for part 950
current user fee schedule. Accordingly,
continues to read as follows:
NESDIS operates NOAA’s National Appendix A to Part 950—Schedule of
Center for Environmental Information User Fees for Access to NOAA Authority: (5 U.S.C. 552, 553).
(NCEI). Through NCEI, NESDIS Environmental Data includes the user Reorganization Plan No. 4 of 1970.
provides and ensures timely access to fees established in October 2015 and the ■ 2. Appendix A to part 950 is revised
global environmental data from new fee established by this final rule: to read as follows:
satellites and other sources, provides High Definition Geomagnetic Model—
information services, and develops Real Time Fee. In addition, NESDIS has Appendix A to Part 950—Schedule of
science products. NESDIS maintains deleted the New Fee column in User Fees for Access to NOAA
some 1,300 databases containing over Appendix A to avoid confusion given Environmental Data
2,400 environmental variables at NCEI that this final rule is not issuing a new
Name of product/data/publication/information/service Current fee
NOAA National Center for Environmental Information:
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Department of Commerce Certification ........................................................................................................................................ $116.00
General Certification ..................................................................................................................................................................... 92.00
Paper Copy ................................................................................................................................................................................... 3.00
Data Poster ................................................................................................................................................................................... 18.00
Shipping Service ........................................................................................................................................................................... 8.00
Rush Order Fee ............................................................................................................................................................................ 60.00
Super Rush Order Fee ................................................................................................................................................................. 100.00
VerDate Sep<11>2014 13:31 Apr 17, 2017 Jkt 241001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\18APR1.SGM 18APR1](https://thefederalregister.org/doc/82_FR_18290/page/4.svg)
Document Created: 2017-04-18 00:00:22
Document Modified: 2017-04-18 00:00:22
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective April 18, 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 18217 | |
| RIN Number | 0694-AH32 | |
| CFR Associated | Exports; Reporting and Recordkeeping Requirements and Terrorism |
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