82 FR 4781 - Revisions to Sudan Licensing Policy
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 82, Issue 10 (January 17, 2017)
Bureau of Industry and Security
Federal Register Volume 82, Issue 10 (January 17, 2017)
| Page Range | 4781-4783 | |
| FR Document | 2017-00836 |
[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)] [Rules and Regulations] [Pages 4781-4783] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00836] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 742 [Docket No. 160901810-6810-01] RIN 0694-AH10 Revisions to Sudan Licensing Policy AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule revises the policy of review for applications for licenses to export or reexport to Sudan certain items that are intended to ensure the safety of civil aviation or the safe operation of fixed- wing, commercial passenger aircraft. Such applications will now be reviewed under a general policy of approval rather than a general policy of denial. This rule also revises the review policy from a general policy of denial to a general policy of approval for applications for licenses to export or reexport to Sudan certain items for use to inspect, design, construct, operate, improve, maintain, repair, overhaul or refurbish railroads in Sudan. This rule does not create any new license requirements or remove any existing license requirements for exports or reexports to Sudan. BIS is making these licensing policy changes in connection with ongoing U.S.-Sudan bilateral engagement, and with the aim of enhancing the safety of Sudan's civil aviation and improving the country's railroads. This action takes into account the United States' goals to improve regional peace and security. This rule also removes two instances of ``contract sanctity dates'' pertaining to the export and reexport of certain items to Sudan from the EAR that currently serve no practical purpose. BIS is taking these actions in coordination with the Department of the Treasury's Office of Foreign Assets Control (OFAC), which is amending the Sudanese Sanctions Regulations. DATES: Effective Date: January 17, 2017. FOR FURTHER INFORMATION CONTACT: Foreign Policy Division, Bureau of Industry and Security, Phone: (202) 482-4252. SUPPLEMENTARY INFORMATION: Background Pursuant to Sec. 742.10 of the Export Administration Regulations (EAR), in keeping with Sudan's designation as a state sponsor of terrorism, persons must obtain a license to export or reexport to Sudan all aircraft controlled on the Commerce Control List (Supp. No. 1 to part 774 of the EAR) (CCL) and to export related parts and components that are controlled on the CCL. Prior to the publication of this rule, the EAR imposed a general policy of denial on license applications for such exports or reexports to all end-users and for all end uses in Sudan. This rule revises the licensing policy to a general policy of approval for parts, components, materials, equipment, and technology that are controlled on the CCL only for anti-terrorism reasons and that are intended to ensure the safety of civil aviation or the safe operation of fixed-wing, commercial passenger aircraft. Applications to export or reexport to Sudan complete aircraft and applications to export or reexport to Sudan aircraft-related items that are controlled for anti-terrorism reasons and one or more additional reasons (for example, missile technology reasons) will continue to be reviewed under a general policy of denial to all end users. This rule also revises the general policy of denial to a general policy of approval for license applications to export or reexport to Sudan items controlled on the CCL only for anti-terrorism reasons that will be used to inspect, design, construct, operate, improve, maintain, repair, overhaul or refurbish railroads in Sudan. With respect to both aircraft related-items and railroad-related items, the general policies of approval set forth in this rule apply only to exports and reexports to Sudan for civil uses by non-sensitive end-users within Sudan. Sensitive end users, who are not eligible for these policies, include Sudan's military, police, and/or intelligence services and persons that are owned by or are part of or are operated or controlled by those services. Additionally, license applications for the export or reexport of items that would substantially benefit such sensitive end users will generally be denied. To implement these policies, this rule revises Sec. 742.10(b)(3) of the EAR, which sets forth exceptions to the general policies of denial that apply to most license applications to export or reexport to Sudan. In conjunction with this rule, the Department of the Treasury's Office of Foreign Assets Control (OFAC) is [[Page 4782]] amending the Sudanese Sanctions Regulations, 31 CFR part 538, to add a new general license that authorizes all transactions prohibited by those regulations and by Executive Orders 13067 and 13412. Under OFAC's new general license, newly-authorized transactions include the processing of transactions involving persons in Sudan; the importation of goods and services from Sudan; the exportation of goods, technology, and services to Sudan; and transactions involving property in which the Government of Sudan has an interest. Persons interested in exporting or reexporting to Sudan goods and technology that are subject to the EAR, including items related to railroads or the safety of civil aviation or safe operation of fixed-wing commercial passenger aircraft, pursuant to OFAC's new general license should consult BIS regarding any licensing obligations they may have under the EAR. BIS will continue to evaluate license applications in light of section 6(j) of the Export Administration Act of 1979 (EAA), as continued in effect under the International Emergency Economic Powers Act, and any other relevant legal requirements. This rule also removes and reserves paragraphs (c)(6)(iii) and (c)(10)(iii) of Supplement No. 2 to part 742, which state licensing policy and contract sanctity dates for aircraft, and cryptographic and cryptologic equipment, respectively. The licensing policies for these commodities are stated in paragraphs (b)(1)(iv) and (b)(1)(v) of Sec. 742.10 and need not be repeated in Supplement No. 2. Moreover, as a consequence of this rule, which revises licensing policy for certain aircraft-related items and railroad-related items, the latter category potentially including cryptographic and cryptologic equipment, paragraphs (c)(6)(iii) and (c)(10)(iii)'s statements of a general policy of denial for all end-users in Sudan is no longer accurate. Additionally, the recitation of contract sanctity dates in Supplement No. 2 does not serve a practical purpose. The term ``contract sanctity date'' draws on section 6(p) of the EAA. That section constrains BIS's ability to limit exports and reexports in performance of contracts entered into prior to the date of imposition of export controls. The references to the contract sanctity dates in the supplement do not limit or otherwise affect the right of any license applicant to assert that the provisions of section 6(p) of the EAA apply to the license application that it is submitting. The identified dates are also long outdated, with March 21, 2003, the most recent contract sanctity date that this rule removes from Supplement No. 2 to part 742. 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, 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 not to be significant for purposes of Executive Order 12866. 2. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person 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 rule involves a collection of information approved under OMB control number 0694-0088--Simplified Network Application Processing+ System (SNAP+) and the Multipurpose Export License Application, which carries an annual estimated burden of 31,833 hours. BIS believes that this rule will have no material impact on that burden. To the extent that it has any impact, BIS believes that the benefits of this rule justify any additional burden it creates. This rule does not impose any new license requirements; in fact, it creates more favorable license application review policies for exports and reexports to Sudan. These more favorable policies might increase the number of license applications submitted to BIS because applicants might be more optimistic about obtaining approval. However, the benefit to license applicants in the form of greater likelihood of approval justifies any additional burden. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to Jasmeet K. Seehra, Office of Management and Budget, by email at [email protected] or by fax to (202) 395-7285 and to Sheila Quarterman at [email protected]. 3. This rule does not contain policies with Federalism implications as that term is defined under Executive Order 13132. 4. The provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking and the opportunity for public participation, 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)). BIS is making these licensing policy changes in connection with ongoing U.S.-Sudan bilateral engagement, and with the aim of enhancing the safety of Sudan's civil aviation and improving its railroads. This decision takes into account our goals to improve regional peace and security. A delay in effective date would undermine progress in that bilateral engagement adversely impacting the U.S. Government's foreign policy goals of improving regional peace and security. Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under 5 U.S.C. 553, or by any other law, the requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. List of Subjects in 15 CFR Part 742 Exports, Terrorism. For the reasons set forth in the preamble, part 742 of the Export Administration Regulations (15 CFR parts 730-774) is amended as follows: PART 742--[AMENDED] 0 1. The authority citation for 15 CFR part 742 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.; [[Page 4783]] 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; 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. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004 Comp., p. 320; Notice of August 4, 2016, 81 FR 52587 (August 8, 2016); Notice of November 8, 2016, 81 FR 79379 (November 10, 2016). 0 2. Section 742.10 is amended by: 0 a. Adding a paragraph heading to paragraph (b)(1) introductory text; 0 b. Revising the first sentence of paragraph (b)(1)(iv); 0 c. Adding a paragraph heading to paragraph (b)(2); and 0 d. Revising paragraph (b)(3). The additions and revisions read as follows: Sec. 742.10 Anti-terrorism: Sudan. * * * * * (b) * * * (1) General policy of denial. * * * * * * * * (iv) Except as provided in paragraph (b)(3)(ii) of this section, all aircraft (powered and unpowered), helicopters, engines and related spare parts and components. * * * * * * * * (2) Military end-user and end-use policy. * * * (3) Other licensing policies. The licensing policies set forth in this paragraph apply notwithstanding the provisions of paragraphs (b)(1) and (b)(2) of this section. (i) Case-by-case review policy. Applications to export or reexport to Sudan will be considered on a case-by-case basis in the four situations described in paragraphs (b)(3)(i)(A) through (D) of this section. (A) The transaction involves the reexport to Sudan of items where Sudan was not the intended ultimate destination at the time of original export from the United States, provided that the export from the United States occurred prior to the applicable contract sanctity date. (B) The U.S. content of foreign-produced commodities is 20% or less by value. (C) The commodities are medical items. (D) The items are telecommunications equipment and associated computers, software and technology for civil end use, including items useful for the development of civil telecommunications network infrastructure. Note to paragraph (b)(3)(i). Applicants seeking approval of their license applications pursuant to this paragraph must include with their applications documentation demonstrating how their proposed transaction is consistent with one or more of the four situations described in this paragraph. (ii) General policy of approval. Applications to export or reexport to Sudan the following for civil uses by non-sensitive end-users within Sudan will be reviewed with a general policy of approval. (A) Parts, components, materials, equipment, and technology that are controlled on the Commerce Control List (Supp. No. 1 to part 774 of the EAR) only for anti-terrorism reasons that are intended to ensure the safety of civil aviation or the safe operation of fixed-wing commercial passenger aircraft. (B) Items controlled on the Commerce Control List (Supp. No. 1 to part 774 of the EAR) only for anti-terrorism reasons that will be used to inspect, design, construct, operate, improve, maintain, repair, overhaul or refurbish railroads in Sudan. Note to paragraph (b)(3)(ii). Applications will generally be denied for exports or reexports that would substantially benefit a sensitive end user. Sensitive end users include Sudan's military, police, and intelligence services and persons that are owned by or are part of or operated or controlled by those services. * * * * * Supplement No. 2 to Part 742 [Amended] 0 3. In Supplement No. 2 to part 742, remove and reserve paragraphs (c)(6)(iii) and (c)(10)(iii). Dated: January 4, 2017. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2017-00836 Filed 1-13-17; 8:45 am] BILLING CODE 3510-33-P
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emailed to: 9-ANM-Seattle-ACO-AMOC- Issued in Renton, Washington, on SUPPLEMENTARY INFORMATION:
Requests@faa.gov. December 30, 2016.
(2) Before using any approved AMOC, John P. Piccola, Jr., Background
notify your appropriate principal inspector, Acting Manager, Transport Airplane Pursuant to § 742.10 of the Export
or lacking a principal inspector, the manager Directorate, Aircraft Certification Service. Administration Regulations (EAR), in
of the local flight standards district office/ keeping with Sudan’s designation as a
certificate holding district office. [FR Doc. 2017–00115 Filed 1–13–17; 8:45 am]
state sponsor of terrorism, persons must
(3) An AMOC that provides an acceptable BILLING CODE 4910–13–P
obtain a license to export or reexport to
level of safety may be used for any repair,
modification, or alteration required by this
Sudan all aircraft controlled on the
AD if it is approved by the Boeing Commerce Control List (Supp. No. 1 to
DEPARTMENT OF COMMERCE part 774 of the EAR) (CCL) and to export
Commercial Airplanes Organization
Designation Authorization (ODA) that has related parts and components that are
Bureau of Industry and Security
been authorized by the Manager, Seattle controlled on the CCL. Prior to the
ACO, to make those findings. To be publication of this rule, the EAR
15 CFR Part 742
approved, the repair method, modification imposed a general policy of denial on
deviation, or alteration deviation must meet [Docket No. 160901810–6810–01] license applications for such exports or
the certification basis of the airplane and the reexports to all end-users and for all end
approval must specifically refer to this AD. RIN 0694–AH10
uses in Sudan. This rule revises the
(m) Related Information Revisions to Sudan Licensing Policy licensing policy to a general policy of
For more information about this AD,
approval for parts, components,
AGENCY: Bureau of Industry and materials, equipment, and technology
contact Francis Smith, Aerospace Engineer,
Security, Commerce. that are controlled on the CCL only for
Cabin Safety and Environmental Controls
Branch, ANM–150S, FAA, Seattle ACO, 1601 ACTION: Final rule. anti-terrorism reasons and that are
Lind Avenue SW., Renton, WA 98057–3356; intended to ensure the safety of civil
SUMMARY: This rule revises the policy of aviation or the safe operation of fixed-
phone: 425–917–6596; fax: 425–917–6590;
email: francis.smith@faa.gov. review for applications for licenses to wing, commercial passenger aircraft.
export or reexport to Sudan certain Applications to export or reexport to
(n) Material Incorporated by Reference items that are intended to ensure the Sudan complete aircraft and
(1) The Director of the Federal Register safety of civil aviation or the safe applications to export or reexport to
approved the incorporation by reference operation of fixed-wing, commercial Sudan aircraft-related items that are
(IBR) of the service information listed in this passenger aircraft. Such applications
paragraph under 5 U.S.C. 552(a) and 1 CFR
controlled for anti-terrorism reasons and
will now be reviewed under a general one or more additional reasons (for
part 51. policy of approval rather than a general
(2) You must use this service information example, missile technology reasons)
policy of denial. will continue to be reviewed under a
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
This rule also revises the review general policy of denial to all end users.
(i) Boeing Service Bulletin 767–21–0235, policy from a general policy of denial to This rule also revises the general
dated October 8, 2009. a general policy of approval for policy of denial to a general policy of
(ii) Boeing Service Bulletin 767–21–0235, applications for licenses to export or approval for license applications to
Revision 1, dated July 29, 2011. reexport to Sudan certain items for use export or reexport to Sudan items
(iii) Boeing Service Bulletin 767–21–0244, to inspect, design, construct, operate, controlled on the CCL only for anti-
Revision 1, dated March 8, 2010. improve, maintain, repair, overhaul or terrorism reasons that will be used to
(iv) Boeing Alert Service Bulletin 767– refurbish railroads in Sudan. This rule
21A0245, Revision 2, dated September 27,
inspect, design, construct, operate,
does not create any new license improve, maintain, repair, overhaul or
2013. requirements or remove any existing
(v) Boeing Alert Service Bulletin 767– refurbish railroads in Sudan.
license requirements for exports or With respect to both aircraft related-
21A0247, Revision 1, dated April 9, 2013.
(vi) Boeing Alert Service Bulletin 767– reexports to Sudan. BIS is making these items and railroad-related items, the
21A0253, dated October 12, 2012. licensing policy changes in connection general policies of approval set forth in
(vii) Boeing Alert Service Bulletin 767– with ongoing U.S.-Sudan bilateral this rule apply only to exports and
21A0254, dated June 7, 2013. engagement, and with the aim of reexports to Sudan for civil uses by non-
(viii) Boeing Service Bulletin 767–31–0073, enhancing the safety of Sudan’s civil sensitive end-users within Sudan.
dated October 12, 1995. aviation and improving the country’s Sensitive end users, who are not eligible
(3) For service information identified in railroads. This action takes into account for these policies, include Sudan’s
this AD, contact Boeing Commercial the United States’ goals to improve
Airplanes, Attention: Contractual & Data
military, police, and/or intelligence
regional peace and security. services and persons that are owned by
Services (C&DS), 2600 Westminster Blvd., This rule also removes two instances
MC 110–SK57, Seal Beach, CA 90740–5600; or are part of or are operated or
telephone: 562–797–1717; Internet: https://
of ‘‘contract sanctity dates’’ pertaining controlled by those services.
www.myboeingfleet.com. to the export and reexport of certain Additionally, license applications for
(4) You may view this service information items to Sudan from the EAR that the export or reexport of items that
at the FAA, Transport Airplane Directorate, currently serve no practical purpose. would substantially benefit such
1601 Lind Avenue SW., Renton, WA. For BIS is taking these actions in sensitive end users will generally be
information on the availability of this coordination with the Department of the denied. To implement these policies,
material at the FAA, call 425–227–1221. Treasury’s Office of Foreign Assets this rule revises § 742.10(b)(3) of the
sradovich on DSK3GMQ082PROD with RULES
(5) You may view this service information Control (OFAC), which is amending the
that is incorporated by reference at the
EAR, which sets forth exceptions to the
Sudanese Sanctions Regulations. general policies of denial that apply to
National Archives and Records
DATES: Effective Date: January 17, 2017. most license applications to export or
Administration (NARA). For information on
the availability of this material at NARA, call FOR FURTHER INFORMATION CONTACT: reexport to Sudan.
202–741–6030, or go to: http:// Foreign Policy Division, Bureau of In conjunction with this rule, the
www.archives.gov/federal-register/cfr/ibr- Industry and Security, Phone: (202) Department of the Treasury’s Office of
locations.html. 482–4252. Foreign Assets Control (OFAC) is
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amending the Sudanese Sanctions recent contract sanctity date that this reexports to Sudan. These more
Regulations, 31 CFR part 538, to add a rule removes from Supplement No. 2 to favorable policies might increase the
new general license that authorizes all part 742. number of license applications
transactions prohibited by those submitted to BIS because applicants
Export Administration Act of 1979
regulations and by Executive Orders might be more optimistic about
13067 and 13412. Under OFAC’s new Although the Export Administration obtaining approval. However, the
general license, newly-authorized Act of 1979 expired on August 20, 2001, benefit to license applicants in the form
transactions include the processing of the President, through Executive Order of greater likelihood of approval justifies
transactions involving persons in 13222 of August 17, 2001, 3 CFR, 2001 any additional burden. Send comments
Sudan; the importation of goods and Comp., p. 783 (2002), as amended by regarding this burden estimate or any
services from Sudan; the exportation of Executive Order 13637 of March 8, other aspect of this collection of
goods, technology, and services to 2013, 78 FR 16129 (March 13, 2013), information, including suggestions for
Sudan; and transactions involving and as extended by the Notice of August reducing the burden, to Jasmeet K.
property in which the Government of 4, 2016, 81 FR 52587 (August 8, 2016), Seehra, Office of Management and
Sudan has an interest. Persons has continued the Export Budget, by email at
interested in exporting or reexporting to Administration Regulations in effect jseehra@omb.eop.gov or by fax to (202)
Sudan goods and technology that are under the International Emergency 395–7285 and to Sheila Quarterman at
subject to the EAR, including items Economic Powers Act. BIS continues to sheila.quarterman@bis.doc.gov.
related to railroads or the safety of civil carry out the provisions of the Export 3. This rule does not contain policies
aviation or safe operation of fixed-wing Administration Act, as appropriate and with Federalism implications as that
commercial passenger aircraft, pursuant to the extent permitted by law, pursuant term is defined under Executive Order
to OFAC’s new general license should to Executive Order 13222 as amended 13132.
consult BIS regarding any licensing by Executive Order 13637. 4. The provisions of the
obligations they may have under the Rulemaking Requirements Administrative Procedure Act (5 U.S.C.
EAR. 553) requiring notice of proposed
BIS will continue to evaluate license 1. Executive Orders 13563 and 12866 rulemaking and the opportunity for
applications in light of section 6(j) of the direct agencies to assess all costs and public participation, and a delay in
Export Administration Act of 1979 benefits of available regulatory effective date, are inapplicable because
(EAA), as continued in effect under the alternatives and, if regulation is this regulation involves a military or
International Emergency Economic necessary, to select regulatory foreign affairs function of the United
Powers Act, and any other relevant legal approaches that maximize net benefits States (see 5 U.S.C. 553(a)(1)). BIS is
requirements. (including potential economic, making these licensing policy changes
This rule also removes and reserves environmental, public health and safety in connection with ongoing U.S.-Sudan
paragraphs (c)(6)(iii) and (c)(10)(iii) of effects, distributive impacts, and bilateral engagement, and with the aim
Supplement No. 2 to part 742, which equity). Executive Order 13563 of enhancing the safety of Sudan’s civil
state licensing policy and contract emphasizes the importance of aviation and improving its railroads.
sanctity dates for aircraft, and quantifying both costs and benefits, of This decision takes into account our
cryptographic and cryptologic reducing costs, of harmonizing rules, goals to improve regional peace and
equipment, respectively. The licensing and of promoting flexibility. This rule security. A delay in effective date would
policies for these commodities are has been determined not to be undermine progress in that bilateral
stated in paragraphs (b)(1)(iv) and significant for purposes of Executive engagement adversely impacting the
(b)(1)(v) of § 742.10 and need not be Order 12866. U.S. Government’s foreign policy goals
repeated in Supplement No. 2. 2. Notwithstanding any other
of improving regional peace and
Moreover, as a consequence of this rule, provision of law, no person is required
security.
which revises licensing policy for to respond to, nor shall any person be Further, no other law requires that a
certain aircraft-related items and subject to a penalty for failure to comply notice of proposed rulemaking and an
railroad-related items, the latter category with, a collection of information subject opportunity for public comment be
potentially including cryptographic and to the requirements of the Paperwork given for this rule. Because a notice of
cryptologic equipment, paragraphs Reduction Act of 1995 (44 U.S.C. 3501 proposed rulemaking and an
(c)(6)(iii) and (c)(10)(iii)’s statements of et seq.) (PRA), unless that collection of opportunity for public comment are not
a general policy of denial for all end- information displays a currently valid required to be given for this rule under
users in Sudan is no longer accurate. Office of Management and Budget 5 U.S.C. 553, or by any other law, the
Additionally, the recitation of contract (OMB) control number. This rule requirements of the Regulatory
sanctity dates in Supplement No. 2 does involves a collection of information Flexibility Act (5 U.S.C. 601 et seq.) are
not serve a practical purpose. The term approved under OMB control number not applicable.
‘‘contract sanctity date’’ draws on 0694–0088—Simplified Network
section 6(p) of the EAA. That section Application Processing+ System List of Subjects in 15 CFR Part 742
constrains BIS’s ability to limit exports (SNAP+) and the Multipurpose Export Exports, Terrorism.
and reexports in performance of License Application, which carries an For the reasons set forth in the
contracts entered into prior to the date annual estimated burden of 31,833 preamble, part 742 of the Export
of imposition of export controls. The hours. BIS believes that this rule will Administration Regulations (15 CFR
references to the contract sanctity dates have no material impact on that burden. parts 730–774) is amended as follows:
sradovich on DSK3GMQ082PROD with RULES
in the supplement do not limit or To the extent that it has any impact, BIS
otherwise affect the right of any license believes that the benefits of this rule PART 742—[AMENDED]
applicant to assert that the provisions of justify any additional burden it creates.
section 6(p) of the EAA apply to the This rule does not impose any new ■ 1. The authority citation for 15 CFR
license application that it is submitting. license requirements; in fact, it creates part 742 continues to read as follows:
The identified dates are also long more favorable license application Authority: 50 U.S.C. 4601 et seq.; 50
outdated, with March 21, 2003, the most review policies for exports and U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
VerDate Sep<11>2014 16:30 Jan 13, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\17JAR1.SGM 17JAR1](https://thefederalregister.org/doc/82_FR_4791/page/2.svg)
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42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 license applications pursuant to this of the U.S. Department of Justice’s
U.S.C. 7210; Sec. 1503, Pub. L. 108–11, 117 paragraph must include with their Office of Justice Programs (‘‘OJP’’),
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, applications documentation publishes this partial final rule to
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, demonstrating how their proposed amend portions of the formula grant
3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
transaction is consistent with one or program (‘‘Formula Grant Program’’)
13026, 61 FR 58767, 3 CFR, 1996 Comp., p. more of the four situations described in regulation to reflect changes in OJJDP
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 this paragraph. policy.
Comp., p. 783; Presidential Determination (ii) General policy of approval. DATES: Effective Date: This rule is
2003–23, 68 FR 26459, 3 CFR, 2004 Comp., Applications to export or reexport to effective February 16, 2017.
p. 320; Notice of August 4, 2016, 81 FR 52587 Sudan the following for civil uses by
(August 8, 2016); Notice of November 8, FOR FURTHER INFORMATION CONTACT:
non-sensitive end-users within Sudan
2016, 81 FR 79379 (November 10, 2016). Gregory Thompson, Senior Advisor,
will be reviewed with a general policy
Office of Juvenile Justice and
■ 2. Section 742.10 is amended by: of approval.
Delinquency Prevention, at 202–307–
■ a. Adding a paragraph heading to (A) Parts, components, materials,
5911.
paragraph (b)(1) introductory text; equipment, and technology that are
■ b. Revising the first sentence of controlled on the Commerce Control SUPPLEMENTARY INFORMATION: The OJJDP
paragraph (b)(1)(iv); List (Supp. No. 1 to part 774 of the EAR) Formula Grant Program is authorized by
■ c. Adding a paragraph heading to only for anti-terrorism reasons that are the Juvenile Justice and Delinquency
paragraph (b)(2); and intended to ensure the safety of civil Prevention Act (‘‘JJDPA’’). The JJDPA
■ d. Revising paragraph (b)(3). aviation or the safe operation of fixed- authorizes OJJDP to provide an annual
The additions and revisions read as wing commercial passenger aircraft. grant to each State to improve its
follows: (B) Items controlled on the Commerce juvenile justice system and to support
§ 742.10 Anti-terrorism: Sudan. Control List (Supp. No. 1 to part 774 of juvenile delinquency prevention
the EAR) only for anti-terrorism reasons programs. OJJDP published a notice of
* * * * * proposed rulemaking on August 8, 2016,
(b) * * * that will be used to inspect, design,
construct, operate, improve, maintain, 81 FR 52377, that proposed to revise the
(1) General policy of denial. * * *
repair, overhaul or refurbish railroads in entirety of the Formula Grant Program
* * * * * Sudan. regulation.
(iv) Except as provided in paragraph OJJDP is finalizing some, but not all,
Note to paragraph (b)(3)(ii).
(b)(3)(ii) of this section, all aircraft aspects of the proposed rule here. For
Applications will generally be denied
(powered and unpowered), helicopters, several provisions, OJJDP has addressed
for exports or reexports that would
engines and related spare parts and the comments received and is amending
substantially benefit a sensitive end
components. * * * the current Formula Grant Program
user. Sensitive end users include
* * * * * Sudan’s military, police, and regulation through this partial final rule.
(2) Military end-user and end-use intelligence services and persons that For other provisions included in the
policy. * * * are owned by or are part of or operated proposed rule, OJJDP received
(3) Other licensing policies. The or controlled by those services. voluminous comments that will require
licensing policies set forth in this additional time for OJJDP to consider
paragraph apply notwithstanding the * * * * *
them thoughtfully. OJJDP anticipates
provisions of paragraphs (b)(1) and Supplement No. 2 to Part 742 publishing a final rule in the future
(b)(2) of this section. [Amended] addressing the remainder of the
(i) Case-by-case review policy. proposed changes that are not addressed
Applications to export or reexport to ■ 3. In Supplement No. 2 to part 742,
in this partial final rule.
Sudan will be considered on a case-by- remove and reserve paragraphs (c)(6)(iii)
case basis in the four situations and (c)(10)(iii). I. Executive Summary
described in paragraphs (b)(3)(i)(A) Dated: January 4, 2017. A. Purpose of the Regulatory Action
through (D) of this section. Kevin J. Wolf,
(A) The transaction involves the The JJDPA authorizes annual formula
Assistant Secretary for Export grants to be made to States to improve
reexport to Sudan of items where Sudan Administration.
was not the intended ultimate their juvenile justice systems and to
[FR Doc. 2017–00836 Filed 1–13–17; 8:45 am]
destination at the time of original export support juvenile delinquency
BILLING CODE 3510–33–P prevention programs.1 See 42 U.S.C.
from the United States, provided that
the export from the United States 5631(a). OJJDP promulgates this rule
occurred prior to the applicable contract pursuant to the rulemaking authority
sanctity date. DEPARTMENT OF JUSTICE granted to the OJJDP Administrator (the
(B) The U.S. content of foreign- Administrator) by 42 U.S.C. 5611(b).
28 CFR Part 31
produced commodities is 20% or less by B. Summary of the Major Provisions of
value. [Docket No.: OJP (OJJDP) 1719] the Partial Final Rule
(C) The commodities are medical
RIN 1121–AA83 This rule amends the Formula Grant
items.
(D) The items are telecommunications Program regulation in the following
Juvenile Justice and Delinquency respects: (1) It replaces 28 CFR
equipment and associated computers, Prevention Act Formula Grant Program
sradovich on DSK3GMQ082PROD with RULES
software and technology for civil end 31.303(f)(6), which provides standards
use, including items useful for the AGENCY: Office of Justice Programs, for determining compliance with the
development of civil Department of Justice.
1 Pursuant to 42 U.S.C. 5603(7), ‘‘the term ‘State’
telecommunications network ACTION: Final rule. includes the District of Columbia, the
infrastructure. Commonwealth of Puerto Rico, the Virgin Islands,
Note to paragraph (b)(3)(i). SUMMARY: The Office of Juvenile Justice Guam, American Samoa, and the Commonwealth of
Applicants seeking approval of their and Delinquency Prevention (‘‘OJJDP’’) Northern Mariana Islands.’’
VerDate Sep<11>2014 16:30 Jan 13, 2017 Jkt 241001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\17JAR1.SGM 17JAR1](https://thefederalregister.org/doc/82_FR_4791/page/3.svg)
Document Created: 2017-01-14 01:44:37
Document Modified: 2017-01-14 01:44:37
| 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 | Effective Date: January 17, 2017. | |
| Contact | Foreign Policy Division, Bureau of Industry and Security, Phone: (202) 482-4252. | |
| FR Citation | 82 FR 4781 | |
| RIN Number | 0694-AH10 | |
| CFR Associated | Exports and Terrorism |
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