82 FR 8893 - Commerce Control List: Removal of Certain Nuclear Nonproliferation (NP) Column 2 Controls
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 82, Issue 20 (February 1, 2017)
Bureau of Industry and Security
Federal Register Volume 82, Issue 20 (February 1, 2017)
| Page Range | 8893-8894 | |
| FR Document | 2017-02164 |
[Federal Register Volume 82, Number 20 (Wednesday, February 1, 2017)] [Rules and Regulations] [Pages 8893-8894] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-02164] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 82, No. 20 / Wednesday, February 1, 2017 / Rules and Regulations [[Page 8893]] DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 774 [Docket No. 160718621-7125-02] RIN 0694-AH04 Commerce Control List: Removal of Certain Nuclear Nonproliferation (NP) Column 2 Controls AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule; delay of implementation date. ----------------------------------------------------------------------- SUMMARY: In accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' published in the Federal Register on January 24, 2017 (the Memorandum), this action temporarily delays the implementation date of one revision implemented by the final rule entitled ``Commerce Control List: Removal of Certain Nuclear Nonproliferation (NP) Column 2 Controls'' published by the Bureau of Industry and Security (BIS) in the Federal Register on November 25, 2016. The final rule amended the Export Administration Regulations (EAR) to remove nuclear nonproliferation (NP) Column 2 license requirements from certain pressure tubes, pipes, fittings, pipe valves, pumps, numerically controlled machine tools, oscilloscopes, and transient recorders on the Commerce Control List (CCL). DATES: This rule is effective January 31, 2017. ``Software'' ``specially designed'' for the ``development,'' ``production,'' or ``use'' of items previously controlled under ECCN 3A292, as discussed in the final rule published in the Federal Register of November 25, 2016 (81 FR 85138), will continue to be classified and licensed by BIS under the designation EAR99 through a delayed date of March 21, 2017. As of March 22, 2017, such ``software'' will be classified and licensed by BIS under ECCN 3D991. FOR FURTHER INFORMATION CONTACT: Steven Clagett, Director, Nuclear and Missile Technology Controls Division, Office of Nonproliferation and Treaty Compliance, Bureau of Industry and Security, Telephone: (202) 482-1641. SUPPLEMENTARY INFORMATION: Background On November 25, 2016, the Bureau of Industry and Security (BIS) published a final rule entitled ``Commerce Control List: Removal of Certain Nuclear Nonproliferation (NP) Column 2 Controls'' (81 FR 85138) to amend the Export Administration Regulations (EAR) to remove nuclear nonproliferation (NP) Column 2 license requirements from certain pressure tubes, pipes, fittings, pipe valves, pumps, numerically controlled machine tools, oscilloscopes, and transient recorders on the Commerce Control List (CCL). These changes were intended to revise the EAR controls on these items by making them more consistent with the export controls of other countries that manufacture these items and that, together with the United States, are participating countries in the Nuclear Suppliers Group (NSG). As a result of the changes made by this rule, some of these items were no longer listed under an Export Control Classification Number (ECCN) on the CCL. However, such items remain subject to the EAR under the designation EAR99. This rule also created four new ECCNs to maintain anti-terrorism (AT) controls on certain affected commodities and related ``software'' and ``technology.'' All items subject to the EAR, regardless of whether they are listed on the CCL, may require a license for reasons described elsewhere in the EAR (e.g., license requirements based on end-user/end- use controls, embargoes, or other special controls). All but one of the changes made by this rule were implemented on the date of publication, November 25, 2016. A consequence of the amendment of ECCN 3A992 to add certain oscilloscopes and transient recorders under new paragraphs 3A992.d through .g, was that ECCN 3D991, which includes certain ``software'' for general purpose electronic equipment described in ECCN 3A992, then also controlled ``software'' for the ``development,'' ``production,'' or ``use'' of the oscilloscopes and transient recorders described in new 3A992.d through .g. Such ``software'' had been classified and licensed by BIS under the designation EAR99, and its classification under 3D991 imposed a foreign policy control on the ``software'' for anti-terrorism reasons. BIS must notify Congress before imposing such a control. This modification in the application of foreign policy controls under the EAR was addressed in BIS's ``2017 Report on Foreign Policy-Based Export Controls,'' submitted to the Congress in January 2017. Therefore, the November 25 rule delayed the implementation of this control through January 31, 2017. Effective February 1, 2017, such ``software'' would have been classified and licensed by BIS under ECCN 3D991 and would have required a license to destinations indicated under Anti-Terrorism (AT) Column 1 on the Commerce Country Chart. Provisions of This Action This action delays the implementation date of the imposition of anti-terrorism controls on ``software'' ``specially designed'' for the ``development,'' ``production,'' or ``use'' of items previously controlled under ECCN 3A292 but reclassified by the November 25 rule. Such ``software'' had been classified and licensed by BIS under the designation EAR99; as a result of the November 25 rule, it will be classified and licensed by BIS under ECCN 3D991. The implementation date of this change had been January 31, 2017, but this action delays the implementation date to March 21, 2017. This action is issued in accordance with the Memorandum that required temporary postponement of rules that have been published in the Federal Register but have not yet taken effect, for 60 days from the date of the Memorandum for the purpose of reviewing questions of fact, law, and policy. Determination of Exemption From Notice and Comment To the extent that the requirements of 5 U.S.C. 553 apply to this action, there is good cause to exempt this action from notice and comment pursuant to 5 U.S.C. 553(b)(B). BIS is delaying the [[Page 8894]] effective date for this action to give DOC officials the opportunity to further review and consider the revision, consistent with the Memorandum. The rule published November 25 containing the revision was exempt from notice and comment because it involved a military and foreign affairs function of the United States (See 5 U.S.C. 553(a)(1)). Given the imminence of the new effective date, seeking prior public comment on this temporary delay would be impractical, unnecessary, and also contrary to the public interest in the orderly promulgation and implementation of regulations. Dated: January 27, 2017. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. 2017-02164 Filed 1-31-17; 8:45 am] BILLING CODE 3510-33-P
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Rules and Regulations Federal Register
Vol. 82, No. 20
Wednesday, February 1, 2017
This section of the FEDERAL REGISTER designation EAR99 through a delayed ECCN 3A992, then also controlled
contains regulatory documents having general date of March 21, 2017. As of March 22, ‘‘software’’ for the ‘‘development,’’
applicability and legal effect, most of which 2017, such ‘‘software’’ will be classified ‘‘production,’’ or ‘‘use’’ of the
are keyed to and codified in the Code of and licensed by BIS under ECCN 3D991. oscilloscopes and transient recorders
Federal Regulations, which is published under described in new 3A992.d through .g.
FOR FURTHER INFORMATION CONTACT:
50 titles pursuant to 44 U.S.C. 1510.
Steven Clagett, Director, Nuclear and Such ‘‘software’’ had been classified and
The Code of Federal Regulations is sold by Missile Technology Controls Division, licensed by BIS under the designation
the Superintendent of Documents. Prices of Office of Nonproliferation and Treaty EAR99, and its classification under
new books are listed in the first FEDERAL Compliance, Bureau of Industry and 3D991 imposed a foreign policy control
REGISTER issue of each week. Security, Telephone: (202) 482–1641. on the ‘‘software’’ for anti-terrorism
SUPPLEMENTARY INFORMATION: reasons. BIS must notify Congress before
imposing such a control. This
DEPARTMENT OF COMMERCE Background modification in the application of
On November 25, 2016, the Bureau of foreign policy controls under the EAR
Bureau of Industry and Security was addressed in BIS’s ‘‘2017 Report on
Industry and Security (BIS) published a
final rule entitled ‘‘Commerce Control Foreign Policy-Based Export Controls,’’
15 CFR Part 774 submitted to the Congress in January
List: Removal of Certain Nuclear
[Docket No. 160718621–7125–02] Nonproliferation (NP) Column 2 2017. Therefore, the November 25 rule
Controls’’ (81 FR 85138) to amend the delayed the implementation of this
RIN 0694–AH04
Export Administration Regulations control through January 31, 2017.
Commerce Control List: Removal of (EAR) to remove nuclear Effective February 1, 2017, such
Certain Nuclear Nonproliferation (NP) nonproliferation (NP) Column 2 license ‘‘software’’ would have been classified
Column 2 Controls requirements from certain pressure and licensed by BIS under ECCN 3D991
tubes, pipes, fittings, pipe valves, and would have required a license to
AGENCY: Bureau of Industry and pumps, numerically controlled machine destinations indicated under Anti-
Security, Commerce. tools, oscilloscopes, and transient Terrorism (AT) Column 1 on the
ACTION: Final rule; delay of recorders on the Commerce Control List Commerce Country Chart.
implementation date. (CCL). These changes were intended to Provisions of This Action
revise the EAR controls on these items
SUMMARY: In accordance with the by making them more consistent with This action delays the
memorandum of January 20, 2017, from the export controls of other countries implementation date of the imposition
the Assistant to the President and Chief that manufacture these items and that, of anti-terrorism controls on ‘‘software’’
of Staff, entitled ‘‘Regulatory Freeze together with the United States, are ‘‘specially designed’’ for the
Pending Review,’’ published in the participating countries in the Nuclear ‘‘development,’’ ‘‘production,’’ or ‘‘use’’
Federal Register on January 24, 2017 Suppliers Group (NSG). As a result of of items previously controlled under
(the Memorandum), this action the changes made by this rule, some of ECCN 3A292 but reclassified by the
temporarily delays the implementation these items were no longer listed under November 25 rule. Such ‘‘software’’ had
date of one revision implemented by the an Export Control Classification Number been classified and licensed by BIS
final rule entitled ‘‘Commerce Control (ECCN) on the CCL. However, such under the designation EAR99; as a result
List: Removal of Certain Nuclear items remain subject to the EAR under of the November 25 rule, it will be
Nonproliferation (NP) Column 2 the designation EAR99. This rule also classified and licensed by BIS under
Controls’’ published by the Bureau of created four new ECCNs to maintain ECCN 3D991. The implementation date
Industry and Security (BIS) in the anti-terrorism (AT) controls on certain of this change had been January 31,
Federal Register on November 25, 2016. affected commodities and related 2017, but this action delays the
The final rule amended the Export ‘‘software’’ and ‘‘technology.’’ All items implementation date to March 21, 2017.
Administration Regulations (EAR) to subject to the EAR, regardless of This action is issued in accordance with
remove nuclear nonproliferation (NP) whether they are listed on the CCL, may the Memorandum that required
Column 2 license requirements from require a license for reasons described temporary postponement of rules that
certain pressure tubes, pipes, fittings, elsewhere in the EAR (e.g., license have been published in the Federal
pipe valves, pumps, numerically requirements based on end-user/end-use Register but have not yet taken effect,
controlled machine tools, oscilloscopes, controls, embargoes, or other special for 60 days from the date of the
and transient recorders on the controls). Memorandum for the purpose of
Commerce Control List (CCL). All but one of the changes made by reviewing questions of fact, law, and
DATES: This rule is effective January 31, this rule were implemented on the date policy.
2017. ‘‘Software’’ ‘‘specially designed’’ of publication, November 25, 2016. A
pmangrum on DSK3GDR082PROD with RULES
Determination of Exemption From
for the ‘‘development,’’ ‘‘production,’’ or consequence of the amendment of ECCN
Notice and Comment
‘‘use’’ of items previously controlled 3A992 to add certain oscilloscopes and
under ECCN 3A292, as discussed in the transient recorders under new To the extent that the requirements of
final rule published in the Federal paragraphs 3A992.d through .g, was that 5 U.S.C. 553 apply to this action, there
Register of November 25, 2016 (81 FR ECCN 3D991, which includes certain is good cause to exempt this action from
85138), will continue to be classified ‘‘software’’ for general purpose notice and comment pursuant to 5
and licensed by BIS under the electronic equipment described in U.S.C. 553(b)(B). BIS is delaying the
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effective date for this action to give DOC submission (or application) because the Dated: January 27, 2017.
officials the opportunity to further application has not met a minimum Leslie Kux,
review and consider the revision, threshold for acceptability for FDA Associate Commissioner for Policy.
consistent with the Memorandum. The review (81 FR 95863). Under the rule, [FR Doc. 2017–02174 Filed 1–30–17; 11:15 am]
rule published November 25 containing FDA will refuse to accept a tobacco BILLING CODE 4164–01–P
the revision was exempt from notice product submission, for example, that is
and comment because it involved a not in English, does not pertain to a
military and foreign affairs function of tobacco product, or does not identify the DEPARTMENT OF JUSTICE
the United States (See 5 U.S.C. type of submission. The rule was
553(a)(1)). Given the imminence of the published with an effective date of 28 CFR Part 31
new effective date, seeking prior public January 30, 2017.
comment on this temporary delay [Docket No.: OJP (OJJDP) 1719E]
would be impractical, unnecessary, and FDA bases this action on the RIN 1121–AA83
also contrary to the public interest in memorandum of January 20, 2017 (82
the orderly promulgation and FR 8346), from the Assistant to the Juvenile Justice and Delinquency
implementation of regulations. President and Chief of Staff, entitled Prevention Act Formula Grant Program
Dated: January 27, 2017.
‘‘Regulatory Freeze Pending Review.’’
AGENCY: Office of Justice Programs,
That memorandum directed the heads
Matthew S. Borman, Department of Justice.
of Executive Departments and Agencies
Deputy Assistant Secretary for Export ACTION: Final rule; delay of effective
Administration. to temporarily postpone for 60 days
from the date of the memorandum the date.
[FR Doc. 2017–02164 Filed 1–31–17; 8:45 am]
effective dates of all regulations that had SUMMARY: On January 17, 2017, the
BILLING CODE 3510–33–P
been published in the Federal Register Office of Juvenile Justice and
but had not yet taken effect, for the Delinquency Prevention (‘‘OJJDP’’) of
purpose of ‘‘reviewing questions of fact, the U.S. Department of Justice’s Office
DEPARTMENT OF HEALTH AND
law, and policy they raise.’’ FDA, of Justice Programs (‘‘OJP’’), published a
HUMAN SERVICES
therefore, is revising the effective date of partial final rule to amend portions of
Food and Drug Administration the rule that published on December 29, the formula grant program (‘‘Formula
2016 (81 FR 95863), to March 21, 2017. Grant Program’’) regulation to reflect
21 CFR Part 1105 To the extent that 5 U.S.C. 553 applies changes in OJJDP policy. That rule is
to this action, it is exempt from notice scheduled to become effective February
[Docket No. FDA–2016–N–1555] 16, 2017.
and comment because it constitutes a
rule of procedure under 5 U.S.C. In accordance with the memorandum
Refuse To Accept Procedures for
553(b)(A). Alternatively, the Agency’s of January 20, 2017, from the Assistant
Premarket Tobacco Product
to the President and Chief of Staff,
Submissions; Revised Effective Date implementation of this action without
entitled ‘‘Regulatory Freeze Pending
opportunity for public comment,
AGENCY: Food and Drug Administration, Review,’’ this action hereby temporarily
effective immediately upon publication delays the effective date of the final rule
HHS.
today in the Federal Register, is based entitled ‘‘Juvenile Justice and
ACTION: Final rule; delay of effective on the good cause exceptions in 5 U.S.C.
date. Delinquency Prevention Act Formula
553(b)(B) and (d)(3). Seeking public Grant Program’’ until March 21, 2017
SUMMARY: In accordance with the comment is impracticable, unnecessary, (which is 60 days from January 20,
memorandum of January 20, 2017, from and contrary to the public interest. The 2017). This temporary delay will allow
the Assistant to the President and Chief temporary delay in the effective date Department of Justice officials an
of Staff, entitled ‘‘Regulatory Freeze until March 21, 2017, is necessary to opportunity to review any potential
Pending Review,’’ this action revises the give Agency officials the opportunity for questions of fact, law and policy raised
effective date of the final rule (‘‘Refuse further review and consideration of the by this regulation, consistent with the
to Accept Procedures for Premarket new regulation, consistent with the Chief of Staff’s memorandum of January
Tobacco Product Submissions’’) memorandum described previously. 20, 2017.
published December 29, 2016, from Given the imminence of the effective DATES: This rule is effective February 1,
January 30, 2017, until March 21, 2017. date and the brief length of the 2017. The effective date of the final rule
DATES: The effective date of the rule that extension of the effective date, seeking amending 28 CFR part 31 published in
published on December 29, 2016, at 81 prior public comment on this temporary the Federal Register on January 17,
FR 95863, is delayed until March 21, delay would have been impracticable, as 2017, at 82 FR 4783, is delayed to March
2017. well as contrary to the public interest in 21, 2017.
FOR FURTHER INFORMATION CONTACT: the orderly promulgation and FOR FURTHER INFORMATION CONTACT: Mr.
Center for Tobacco Products, Food and implementation of regulations.1 FDA Gregory Thompson, Senior Advisor,
Drug Administration, 10903 New also believes that affected entities need Office of Juvenile Justice and
Hampshire Ave., Document Control to be informed as soon as possible of the Delinquency Prevention, at 202–307–
Center, Bldg. 71, Rm. G335, Silver extension and its length in order to plan 5911.
pmangrum on DSK3GDR082PROD with RULES
Spring, MD 20993–0002, email: and adjust their implementation process SUPPLEMENTARY INFORMATION: The OJJDP
AskCTP@fda.hhs.gov. accordingly. Formula Grant Program is authorized by
SUPPLEMENTARY INFORMATION: On the Juvenile Justice and Delinquency
1 In the event that this rule does not publish on
December 29, 2016, the Food and Drug Prevention Act (‘‘JJDPA’’). The JJDPA
or before January 30, 2017, good cause similarly
Administration (FDA or Agency) issued exists to stay the effectiveness of the rule published
authorizes OJJDP to provide an annual
a final rule describing when FDA will December 29, 2016, and revise its effective date grant to each State to improve its
refuse to accept a tobacco product until March 21, 2017. juvenile justice system and to support
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Document Created: 2017-02-01 00:05:56
Document Modified: 2017-02-01 00:05:56
| 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; delay of implementation date. | |
| Dates | This rule is effective January 31, 2017. ``Software'' ``specially designed'' for the ``development,'' ``production,'' or ``use'' of items previously controlled under ECCN 3A292, as discussed in the final rule published in the Federal Register of November 25, 2016 (81 FR 85138), will continue to be classified and licensed by BIS under the designation EAR99 through a delayed date of March 21, 2017. As of March 22, 2017, such ``software'' will be classified and licensed by BIS under ECCN 3D991. | |
| Contact | Steven Clagett, Director, Nuclear and Missile Technology Controls Division, Office of Nonproliferation and Treaty Compliance, Bureau of Industry and Security, Telephone: (202) 482-1641. | |
| FR Citation | 82 FR 8893 | |
| RIN Number | 0694-AH04 |
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