Issuance of Electronic Documents and Related Recordkeeping Requirements, 17052-17055 [2010-7639]
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17052
Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Rules and Regulations
ensure compliance with the flight time
disclosure requirements in the rule.
Taking into consideration all the
comments, including the fact that there
are limited objections to ATA’s request
for an extension of time, the Department
believes this timeline adequately
balances the benefit of having accurate
and complete flight delay data available
to consumers with the capability of
airlines to comply with the additional
requirements being imposed upon them
in a reasonable timeframe.
Regulatory Analyses and Notices
A. Executive Order 12866 (Regulatory
Planning and Review) and DOT
Regulatory Policies and Procedures
This final rule is not a significant
regulatory action under Executive Order
12866 and the Department of
Transportation’s Regulatory Policies and
Procedures. Accordingly, this final rule
has not been reviewed by the Office of
Management and Budget (OMB).
B. Regulatory Flexibility Act
Pursuant to section 605 of the
Regulatory Flexibility Act (RFA), 5
U.S.C. 605(b), as amended by the Small
Business Regulatory Enforcement and
Fairness Act of 1996 (SBREFA), DOT
certifies that this final rule does not
have a significant impact on a
substantial number of small entities.
The final rule does not impose any
duties or obligations on small entities.
C. Executive Order 13132 (Federalism)
This Final Rule does not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, and therefore does
not have federalism implications.
section 3507(d), obtain approval from
the Office of Management and Budget
(OMB) for each collection of
information it conducts, sponsors, or
requires through regulations. DOT has
determined that there are no new
information collection requirements
associated with this final rule. The final
rule allows an additional 60 days to
comply with a regulatory provision
whose paperwork impact has already
been analyzed by the Department.
F. Unfunded Mandates Reform Act
The Department has determined that
the requirements of Title II of the
Unfunded Mandates Reform Act of 1995
do not apply to this Final Rule.
Issued this March 30, 2010, in Washington,
DC.
Ray LaHood,
Secretary of Transportation.
List of Subjects in 14 CFR Part 234
Air carriers, Consumer protection,
Reporting and recordkeeping
requirements.
■ For the reasons set forth in the
preamble, the Department further
amends 14 CFR part 234 as amended in
the final rule published December 30,
2009 (74 FR 69002), effective April 29,
2010, as follows:
PART 234—AIRLINE SERVICE
QUALITY PERFORMANCE REPORTS
1. The authority citation for Part 234
continues to read as follows:
■
Authority: 49 U.S.C. 329 and chapters 401
and 417.
2. In § 234.11, as amended in the final
rule published December 30, 2009 (74
FR 69002), effective April 29, 2010, add
paragraph (d) to read as follows:
■
§ 234.11
Disclosure to consumers.
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D. Executive Order 13084
This Final Rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13084 (‘‘Consultation and Coordination
with Indian Tribal Governments’’).
Because the rule does not significantly
or uniquely affect the communities of
the Indian tribal governments or impose
substantial direct compliance costs on
them, the funding and consultation
requirements of Executive Order 13084
do not apply.
*
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(PRA) (44 U.S.C. 3501 et seq.) requires
that DOT consider the impact of
paperwork and other information
collection burdens imposed on the
public and, under the provisions of PRA
[Docket No. 0907201151–0114–02]
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*
*
*
*
(d) A reporting carrier must meet the
requirements of paragraphs (b) and (c) of
this section by June 29, 2010.
[FR Doc. 2010–7627 Filed 4–2–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 740, 748, 750, and 762
RIN 0694–AE66
Issuance of Electronic Documents and
Related Recordkeeping Requirements
AGENCY: Bureau of Industry and
Security, Commerce.
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ACTION:
Final rule.
SUMMARY: This rule enables BIS to
eliminate the paper versions of most
export and reexport licenses, notices of
denial of license applications, notices of
return of a license application without
action, notices of results of classification
requests, License Exception AGR
notification results, and encryption
review request results. This rule also
changes certain recordkeeping
requirements associated with the
elimination of paper documents. BIS is
making these changes to reduce mailing
costs and to free up staff time currently
devoted to mailing these documents for
use in other tasks.
DATES: This rule is effective May 5,
2010.
FOR FURTHER INFORMATION CONTACT:
Thomas Andrukonis, Office of Exporter
Services, Bureau of Industry and
Security, U.S. Department of Commerce
at 202 482 6393 or e-mail
tandrukoi@bis.doc.gov
SUPPLEMENTARY INFORMATION:
Background
The Bureau of Industry and Security
administers an export licensing program
pursuant to the Export Administration
Regulations. As part of this program,
BIS issues various documents in
response to applications and
notifications submitted to BIS by the
public. Those documents include export
licenses, reexport licenses, notices that
an export or reexport license application
has been denied, notices that an export
or reexport license application is being
returned to the applicant without
action, responses to License Exception
AGR notifications, notices of the results
of classification requests, and notices of
the results of encryption review
requests. Collectively, these documents
are referred to in this preamble as
‘‘license related documents.’’
Currently, BIS issues license related
documents in two ways: Electronically
in BIS’s Simplified Network
Application Processing Redesign system
(SNAP–R) and on paper. Most license
related documents are issued in both
electronic and paper form. However, a
few such documents are issued only on
paper. On December 4, 2009, BIS issued
a proposed rule that would allow it to
eliminate the paper version of the
license related documents that it
currently issues both electronically in
SNAP–R and on paper (74 FR 63685,
December 4, 2009). The last day of the
comment period for that proposed rule
was February 2, 2010. BIS received no
public comments on that proposed rule.
Accordingly, this final rule adopts the
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text of the proposed rule and makes one
minor correction to pre-existing text.
The EAR require that export license
applications, reexport license
applications, License Exception AGR
notifications, encryption review
requests, and classification requests be
submitted to BIS electronically using
SNAP–R, except in individual instances
where BIS authorizes a paper
submission. The license related
documents associated with a SNAP–R
submission are issued on line in
SNAP–R where the submitter may view,
save, or print a copy. In addition, a
paper version of each of those
documents is mailed to the submitter.
There are two situations in which BIS
issues only a paper version of a license
related document: When BIS authorized
a paper submission, and when BIS must
reissue the license related document
because it reopened a matter previously
considered to be completed. BIS does
not intend to stop issuing paper license
related documents in those two
situations. BIS also does not intend to
change its practices regarding issuance
of Special Comprehensive Licenses or
Special Iraq Reconstruction Licenses,
both of which are paper-based
processes. BIS intends to discontinue
issuing paper documents in the
situations where it currently issues both
paper and electronic versions of license
related documents. BIS is also making
certain changes to the EAR
recordkeeping requirements in
connection with this change.
Specific Changes Made by This Rule
Clarification That Electronic
Notification in SNAP–R Is Considered
To Be, for Purposes of the EAR, Written
Notification of the Results of a License
Exception AGR Request
This rule revises § 740.18(c)(5) to state
that BIS will issue confirmation in
SNAP–R or via paper of the decision
that no agency has objected to a party’s
proposed use of License Exception AGR.
Previously, § 740.18(c)(5) merely stated
that BIS will issue a written
confirmation.
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Removal of Requirement To Maintain a
Log of Electronic Submissions
This rule removes the requirement
previously found in § 748.7(c) of the
EAR to maintain a log of electronic
submissions. That requirement was
established in connection with BIS’s
initial electronic application process,
which was instituted in the 1980s. At
that time, electronic submissions were
facilitated by a number of private sector
vendors and the logs may have been
necessary for auditing purposes.
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However, the information required to be
kept in the log duplicates information
that parties are required to include in
their SNAP–R submissions or that is
automatically recorded by SNAP–R,
making the information in the log
redundant of information available to
BIS in SNAP–R. The rule this log
maintenance requirement by removing
paragraph (c) of § 748.7 and
redesignating existing paragraph (d) as
paragraph (c).
Removal of Language Relating to
‘‘Computer Generated’’ Licenses, the
Department of Commerce Seal and
Attachments to Licenses
This rule revises § 750.7(b) to state
that BIS may issue export and reexport
licenses either electronically or on
paper and that each license will bear a
license number. Previous language
regarding ‘‘computer generated’’
licenses, the Department of Commerce
seal and attachments to licenses have
been removed as has an explicit
requirement that exporters use the
license number when communicating
with BIS about the license. The final
rule language allows BIS to exercise
discretion in deciding whether to issue
a license electronically in SNAP–R or
on paper. However, BIS expects that it
will issue nearly all licenses
electronically. Unless some exceptional
circumstances exist, only licenses for
which the applicant was authorized to
file the application on paper and
licenses that BIS cannot issue
electronically (currently, only reopened
licenses) will be issued on paper. BIS is
making this change to reduce the costs
of generating and mailing paper copies
of licenses and to be able to assign to
other tasks the staff that otherwise
would be needed to handle paper
licenses. Because no EAR provision
previously addressed issuance of the
other license related documents with
the specificity with which § 750.7(b)
addresses licenses, only § 750.7(b) must
be modified to implement this change.
Removal of Requirement To Attach a
Replacement License to the Original
This rule revises § 750.7(h)(4) to
remove a requirement that the license
holder attach a replacement license
issued by BIS to the original license that
it replaces. That requirement dates to an
era in which electronic licenses did not
exist and is impractical with electronic
licenses issued in SNAP–R. This rule
retains the requirement that the license
holder keep both the original license
and the replacement license.
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17053
Removal of Requirement To Retain
Copies of Documents Submitted to BIS
via the SNAP–R System
This rule exempts parties who submit
documents to BIS via BIS’s SNAP–R
system from requirements to retain
copies of documents so submitted even
though those documents are ‘‘export
control documents’’ as defined in part
772 of the EAR. BIS believes the
reliability of the SNAP–R system
provides adequate assurance that the
documents received by BIS were
submitted and that all submitted
documents are received by BIS. This
change would not preclude parties from
storing copies of these documents.
Addition of Certain Documents To
Recordkeeping Requirements in
Part 762
This rule adds the following
documents to the list of documents
required to be kept as set forth in
§ 762.2(a)(10) required to be kept:
Notification from BIS that an
application is being returned without
action; notification from BIS that an
application is being denied; notification
from BIS of the results of a commodity
classification or encryption review
request conducted by BIS. BIS believes
that requiring recipients of these
documents to retain them is needed to
confirm receipt and to verify that the
recipient received notice of the terms of
the document. This rule does not
require parties to retain requests for
additional information concerning
active matters that they receive from
BIS.
Application of Original Document
Retention Requirement to Documents
Issued in SNAP–R
Parties who receive documents issued
by BIS in SNAP–R may store the
documents in two ways, and either
would meet the requirement of § 762.5
that original documents be retained. The
two ways are: Storage of complete
documents issued by BIS in SNAP–R
electronically in a format readable by
software possessed by the recipient
party; or storage of a complete printed
paper copy of the document. Either way
would provide an accurate
representation of the contents of the
record and, therefore, either should be
treated as the equivalent of an original
document. This final rule also makes
one minor correction to the proposed
rule text of § 762.4.
Section 762.4 consists of one
paragraph. When stating that either
storage method described in this
paragraph would be deemed to be an
original, the proposed rule text used the
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Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Rules and Regulations
phrase ‘‘for purposes of this paragraph.’’
The final rule replaces the word
‘‘paragraph’’ in that phrase with the
word ‘‘section’’ to be consistent with
standard Code of Federal Regulations
nomenclature practices.
Reasons for the Changes
BIS has been expending funds and
staff time to mail to certain parties
information that is entirely duplicative
of information that BIS sends to those
same parties electronically. The changes
in this rule will help BIS to reduce its
operating costs and free the staff time
that otherwise would be devoted to
mailing paper documents to be used for
other purposes. BIS estimates that in
recent years it has spent approximately
$25,000 annually in direct mailing costs
(envelopes, supplies and postage) to
send out paper copies of licenses,
responses to classification requests,
responses to encryption review requests,
and License Exception AGR
notifications. BIS also has been
spending about 1.5 hours of staff time
daily in connection with mailing these
documents.
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Rulemaking Requirements
1. This rule has been determined to be
not significant for purposes of E.O.
12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to, nor is 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
contains a collection previously
approved by OMB under control
number 0694–0096 which carries a
burden hour estimate of 58 minutes to
prepare and submit form BIS–748.
Miscellaneous and recordkeeping
activities account for 12 minutes per
submission. BIS believes that the
changes implemented by this rule will
not materially affect this burden. Send
comments regarding this burden
estimate or any other aspect of this
collection of information, including
suggestions for reducing the burden, to
Jasmeet Seehra, Office of Management
and Budget (OMB), by e-mail to
jseehra@omb.eop.gov, or by fax to (202)
395–7285; and to the Regulatory Policy
Division, Bureau of Industry and
Security, Department of Commerce,
Room 2705, 14th Street and
Pennsylvania Ave., NW., Washington,
DC 20230.
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3. This rule does not contain policies
with Federalism implications as that
term is defined under E.O. 13132.
4. The Chief Counsel for Regulations
of the Department of Commerce
certified to the Chief Counsel for
Advocacy of the Small Business
Administration at the proposed rule
stage that this rule would not have a
significant economic impact on a
substantial number of small entities.
The rationale for that certification was
set forth in the preamble to the
proposed rule (74 FR 63686, December
4, 2009). BIS received no comments on
the certification. As a result, a final
regulatory impact analysis is not
required and none has been prepared.
§ 748.7
List of Subjects
§ 750.7
15 CFR Parts 740, 748, and 750
[Amended]
■
4. Section 748.7 is amended by
removing paragraph (c) and
redesignating paragraph (d) as
paragraph (c).
■
PART 750—[AMENDED]
5. The authority citation for part 750
continues to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; Sec. 1503, Pub. L. 108–
11, 117 Stat. 559; 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 of May
7, 2003, 68 FR 26459, May 16, 2003; Notice
of August 13, 2009, 74 FR 41325 (August 14,
2009).
[Amended]
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
6. Section 750.7 is amended by
removing the final sentence from
paragraph (a) and by revising paragraph
(b) and paragraph (h)(4) to read as
follows:
15 CFR Part 762
§ 750.7
Administrative practice and
procedure, Business and industry,
Confidential business information,
Exports, Reporting and recordkeeping
requirements.
*
Accordingly, the Export
Administration Regulations (15 CFR
parts 730–774) are amended as follows:
■
PART 740—[AMENDED]
1. The authority citation for part 740
continues to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp.,
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Notice of August 13, 2009, 74
FR 41325 (August 14, 2009).
Issuance of licenses.
*
*
*
*
(b) Issuance of a license. BIS may
issue a license electronically via its
Simplified Network Application
Processing (SNAP–R) system or via
paper or both electronically and via
paper. Each license has a license
number that will be shown on the
license.
*
*
*
*
*
(h) * * *
(4) Replacement license. If you have
been issued a ‘‘replacement license’’ (for
changes to your original license not
covered in paragraph (c) of this section),
you must retain both the original and
the replacement license.
*
*
*
*
*
PART 762—[AMENDED]
2. Section 740.18 is amended by
revising the sixth sentence of paragraph
(c)(5) to read as follows:
■
§ 740.18
Agricultural commodities (AGR).
*
*
*
*
*
(c) * * *
(5) * * * BIS will issue written
confirmation electronically in SNAP–R
or via paper. * * *
*
*
*
*
*
PART 748—[AMENDED]
3. The authority citation for part 748
continues to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767,
3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 13, 2009, 74 FR 41325 (August 14,
2009).
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7. The authority citation for part 762
continues to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
13, 2009, 74 FR 41325 (August 14, 2009).
§ 762.2
[Amended]
8. Section 762.2 is amended by:
a. Revising paragraph (a)(1),
b. Removing the comma and the word
‘‘and’’ from the end of paragraph (a)(9)
and adding in their place, a semicolon,
■ c. Redesignating paragraph (a)(10) as
paragraph (a)(11), and
■ d. Adding a new paragraph (a)(10) to
read as follows:
■
■
■
§ 762.2
Records to be retained.
(a) * * *
(1) Export control documents as
defined in part 772 of the EAR, except
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parties submitting documents
electronically to BIS via the SNAP–R
system are not required to retain copies
of documents so submitted;
*
*
*
*
*
(10) Notification from BIS of an
application being returned without
action; notification by BIS of an
application being denied; notification
by BIS of the results of a commodity
classification or encryption review
request conducted by BIS; and,
*
*
*
*
*
■ 9. Section 762.4 is amended by adding
a sentence at the end of the section to
read as follows:
§ 762.4
Original records required.
* * * With respect to documents that
BIS issues to a party in SNAP–R, either
an electronically stored copy in a format
that makes the document readable with
software possessed by that party or a
paper print out of the complete
document is deemed to be an original
record for purposes of this section.
Dated: March 29, 2010.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2010–7639 Filed 4–2–10; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 922
[Docket No. 090122043–0128–03]
RIN 0648–AX37
Gray’s Reef National Marine Sanctuary
Regulations on the Use of Spearfishing
Gear; Correction
Office of National Marine
Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Correcting amendment.
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AGENCY:
SUMMARY: The National Oceanic and
Atmospheric Administration (NOAA)
published a document in the Federal
Register on February 19, 2010 (75 FR
7361) on the use and possession of
spearfishing gear in Gray’s Reef National
Marine Sanctuary. That document was
inadvertently missing a word in
§ 922.92(a)(11)(iii). This document
corrects the final regulations by revising
that section.
DATES: Effective Date: April 5, 2010.
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FOR FURTHER INFORMATION CONTACT:
Resource Protection Coordinator Becky
Shortland at (912) 598–2381.
SUPPLEMENTARY INFORMATION: NOAA
issued final regulations, effective March
22, 2010, that included a description of
new requirements on the use and
possession of spearfishing gear in Gray’s
Reef National Marine Sanctuary (75 FR
7361). After the regulations were
published NOAA became aware of a
word that was inadvertently left out of
the regulatory text. This notice corrects
the grammatical error in Part 922.92
(a)(11)(iii) by adding the word ‘‘it’’ to the
paragraph. The intent of the regulation
is not affected by this correction.
Classification
A. Executive Order 12866: Regulatory
Impact
This final rule has been determined to
be not significant within the meaning of
Executive Order 12866.
17055
PART 922—NATIONAL MARINE
SANCTUARY PROGRAM
REGULATIONS
1. The authority citation for part 922
continues to read as follows:
■
Authority: 16 U.S.C. 1431 et seq.
2. Amend § 922.92 by revising
paragraph (a)(11)(iii) as follows:
■
§ 922.92 Prohibited or otherwise regulated
activities.
(a) * * *
(11) * * *
(iii) Spearfishing gear provided that it
is stowed on a vessel, not available for
immediate use, and the vessel is passing
through the Sanctuary without
interruption; and
*
*
*
*
*
[FR Doc. 2010–7665 Filed 4–2–10; 8:45 am]
BILLING CODE 3510–NK–P
B. Administrative Procedure Act/
Regulatory Flexibility Act
FEDERAL COMMUNICATIONS
COMMISSION
The Acting Assistant Administrator
finds good cause pursuant to 5 U.S.C.
553(b)(B) to waive the notice and
comment requirements because it is
unnecessary. This rule corrects a
grammatical error in the regulations that
does not have substantive impacts. The
intent of the regulation is not affected by
the error. NOAA has decided to make
this document effective immediately
because public comment and delayed
effective date are not necessary due to
the minimal nature of the correcting
amendment. This rule corrects a
grammatical error in the regulations that
does not have substantive impacts. For
the reasons above, the Acting Assistant
Administrator finds good cause to waive
the 30-day delay in effectiveness.
47 CFR Parts 74 and 78
C. Regulatory Flexibility Act
Because notice and opportunity for
comment are not required pursuant to 5
U.S.C. 553 or any other law, the
analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are inapplicable. Therefore, a
regulatory flexibility analysis is not
required and has not been prepared.
(Federal Domestic Assistance Catalog
Number 11.429 Marine Sanctuary Program)
Dated: March 31, 2010.
Holly Bamford,
Deputy Acting Assistant Administrator for
Ocean Services and Coastal Zone
Management.
Accordingly, for the reasons set forth
above, 15 CFR part 922 is corrected by
making the following correcting
amendments:
■
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[ET Docket No. 03–254; FCC 10–15]
Coordination Between the NonGeostationary and Geostationary
Satellite Orbit
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
SUMMARY: In this document the
Commission specifies rules and
procedures to be used for frequency
coordination between terrestrial
Broadcast Auxiliary Service and Cable
Television Relay Service (BAS/CARS)
operations and geostationary satellite
orbit (GSO) or non-geostationary
satellite orbit (NGSO) fixed-satellite
service (FSS) operations in the 6875–
7075 MHz (7 GHz) and 12750–13250
MHz (13 GHz) bands. At this time the
Commission did not adopt a ‘‘Growth
Zone’’ proposal that would have
supplemented our existing terrestrial
coordination procedures between NGSO
FSS space-to-Earth operations and
existing fixed service (FS) operations in
the 10.7–11.7 GHz (10 GHz) band, and
will retain our existing coordination
rules.
DATES:
Effective May 5, 2010.
FOR FURTHER INFORMATION CONTACT:
James Miller, (202) 418–7351, e-mail
James.Miller@fcc.gov.
This is a
summary of the Commission’s Report
and Order, ET Docket No. 03–254, FCC
10–15, adopted January 14, 2010, and
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 75, Number 64 (Monday, April 5, 2010)]
[Rules and Regulations]
[Pages 17052-17055]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7639]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 740, 748, 750, and 762
[Docket No. 0907201151-0114-02]
RIN 0694-AE66
Issuance of Electronic Documents and Related Recordkeeping
Requirements
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: This rule enables BIS to eliminate the paper versions of most
export and reexport licenses, notices of denial of license
applications, notices of return of a license application without
action, notices of results of classification requests, License
Exception AGR notification results, and encryption review request
results. This rule also changes certain recordkeeping requirements
associated with the elimination of paper documents. BIS is making these
changes to reduce mailing costs and to free up staff time currently
devoted to mailing these documents for use in other tasks.
DATES: This rule is effective May 5, 2010.
FOR FURTHER INFORMATION CONTACT: Thomas Andrukonis, Office of Exporter
Services, Bureau of Industry and Security, U.S. Department of Commerce
at 202 482 6393 or e-mail tandrukoi@bis.doc.gov
SUPPLEMENTARY INFORMATION:
Background
The Bureau of Industry and Security administers an export licensing
program pursuant to the Export Administration Regulations. As part of
this program, BIS issues various documents in response to applications
and notifications submitted to BIS by the public. Those documents
include export licenses, reexport licenses, notices that an export or
reexport license application has been denied, notices that an export or
reexport license application is being returned to the applicant without
action, responses to License Exception AGR notifications, notices of
the results of classification requests, and notices of the results of
encryption review requests. Collectively, these documents are referred
to in this preamble as ``license related documents.''
Currently, BIS issues license related documents in two ways:
Electronically in BIS's Simplified Network Application Processing
Redesign system (SNAP-R) and on paper. Most license related documents
are issued in both electronic and paper form. However, a few such
documents are issued only on paper. On December 4, 2009, BIS issued a
proposed rule that would allow it to eliminate the paper version of the
license related documents that it currently issues both electronically
in SNAP-R and on paper (74 FR 63685, December 4, 2009). The last day of
the comment period for that proposed rule was February 2, 2010. BIS
received no public comments on that proposed rule. Accordingly, this
final rule adopts the
[[Page 17053]]
text of the proposed rule and makes one minor correction to pre-
existing text.
The EAR require that export license applications, reexport license
applications, License Exception AGR notifications, encryption review
requests, and classification requests be submitted to BIS
electronically using SNAP-R, except in individual instances where BIS
authorizes a paper submission. The license related documents associated
with a SNAP-R submission are issued on line in SNAP-R where the
submitter may view, save, or print a copy. In addition, a paper version
of each of those documents is mailed to the submitter. There are two
situations in which BIS issues only a paper version of a license
related document: When BIS authorized a paper submission, and when BIS
must reissue the license related document because it reopened a matter
previously considered to be completed. BIS does not intend to stop
issuing paper license related documents in those two situations. BIS
also does not intend to change its practices regarding issuance of
Special Comprehensive Licenses or Special Iraq Reconstruction Licenses,
both of which are paper-based processes. BIS intends to discontinue
issuing paper documents in the situations where it currently issues
both paper and electronic versions of license related documents. BIS is
also making certain changes to the EAR recordkeeping requirements in
connection with this change.
Specific Changes Made by This Rule
Clarification That Electronic Notification in SNAP-R Is Considered To
Be, for Purposes of the EAR, Written Notification of the Results of a
License Exception AGR Request
This rule revises Sec. 740.18(c)(5) to state that BIS will issue
confirmation in SNAP-R or via paper of the decision that no agency has
objected to a party's proposed use of License Exception AGR.
Previously, Sec. 740.18(c)(5) merely stated that BIS will issue a
written confirmation.
Removal of Requirement To Maintain a Log of Electronic Submissions
This rule removes the requirement previously found in Sec.
748.7(c) of the EAR to maintain a log of electronic submissions. That
requirement was established in connection with BIS's initial electronic
application process, which was instituted in the 1980s. At that time,
electronic submissions were facilitated by a number of private sector
vendors and the logs may have been necessary for auditing purposes.
However, the information required to be kept in the log duplicates
information that parties are required to include in their SNAP-R
submissions or that is automatically recorded by SNAP-R, making the
information in the log redundant of information available to BIS in
SNAP-R. The rule this log maintenance requirement by removing paragraph
(c) of Sec. 748.7 and redesignating existing paragraph (d) as
paragraph (c).
Removal of Language Relating to ``Computer Generated'' Licenses, the
Department of Commerce Seal and Attachments to Licenses
This rule revises Sec. 750.7(b) to state that BIS may issue export
and reexport licenses either electronically or on paper and that each
license will bear a license number. Previous language regarding
``computer generated'' licenses, the Department of Commerce seal and
attachments to licenses have been removed as has an explicit
requirement that exporters use the license number when communicating
with BIS about the license. The final rule language allows BIS to
exercise discretion in deciding whether to issue a license
electronically in SNAP-R or on paper. However, BIS expects that it will
issue nearly all licenses electronically. Unless some exceptional
circumstances exist, only licenses for which the applicant was
authorized to file the application on paper and licenses that BIS
cannot issue electronically (currently, only reopened licenses) will be
issued on paper. BIS is making this change to reduce the costs of
generating and mailing paper copies of licenses and to be able to
assign to other tasks the staff that otherwise would be needed to
handle paper licenses. Because no EAR provision previously addressed
issuance of the other license related documents with the specificity
with which Sec. 750.7(b) addresses licenses, only Sec. 750.7(b) must
be modified to implement this change.
Removal of Requirement To Attach a Replacement License to the Original
This rule revises Sec. 750.7(h)(4) to remove a requirement that
the license holder attach a replacement license issued by BIS to the
original license that it replaces. That requirement dates to an era in
which electronic licenses did not exist and is impractical with
electronic licenses issued in SNAP-R. This rule retains the requirement
that the license holder keep both the original license and the
replacement license.
Removal of Requirement To Retain Copies of Documents Submitted to BIS
via the SNAP-R System
This rule exempts parties who submit documents to BIS via BIS's
SNAP-R system from requirements to retain copies of documents so
submitted even though those documents are ``export control documents''
as defined in part 772 of the EAR. BIS believes the reliability of the
SNAP-R system provides adequate assurance that the documents received
by BIS were submitted and that all submitted documents are received by
BIS. This change would not preclude parties from storing copies of
these documents.
Addition of Certain Documents To Recordkeeping Requirements in Part 762
This rule adds the following documents to the list of documents
required to be kept as set forth in Sec. 762.2(a)(10) required to be
kept: Notification from BIS that an application is being returned
without action; notification from BIS that an application is being
denied; notification from BIS of the results of a commodity
classification or encryption review request conducted by BIS. BIS
believes that requiring recipients of these documents to retain them is
needed to confirm receipt and to verify that the recipient received
notice of the terms of the document. This rule does not require parties
to retain requests for additional information concerning active matters
that they receive from BIS.
Application of Original Document Retention Requirement to Documents
Issued in SNAP-R
Parties who receive documents issued by BIS in SNAP-R may store the
documents in two ways, and either would meet the requirement of Sec.
762.5 that original documents be retained. The two ways are: Storage of
complete documents issued by BIS in SNAP-R electronically in a format
readable by software possessed by the recipient party; or storage of a
complete printed paper copy of the document. Either way would provide
an accurate representation of the contents of the record and,
therefore, either should be treated as the equivalent of an original
document. This final rule also makes one minor correction to the
proposed rule text of Sec. 762.4.
Section 762.4 consists of one paragraph. When stating that either
storage method described in this paragraph would be deemed to be an
original, the proposed rule text used the
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phrase ``for purposes of this paragraph.'' The final rule replaces the
word ``paragraph'' in that phrase with the word ``section'' to be
consistent with standard Code of Federal Regulations nomenclature
practices.
Reasons for the Changes
BIS has been expending funds and staff time to mail to certain
parties information that is entirely duplicative of information that
BIS sends to those same parties electronically. The changes in this
rule will help BIS to reduce its operating costs and free the staff
time that otherwise would be devoted to mailing paper documents to be
used for other purposes. BIS estimates that in recent years it has
spent approximately $25,000 annually in direct mailing costs
(envelopes, supplies and postage) to send out paper copies of licenses,
responses to classification requests, responses to encryption review
requests, and License Exception AGR notifications. BIS also has been
spending about 1.5 hours of staff time daily in connection with mailing
these documents.
Rulemaking Requirements
1. This rule has been determined to be not significant for purposes
of E.O. 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor is 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 contains
a collection previously approved by OMB under control number 0694-0096
which carries a burden hour estimate of 58 minutes to prepare and
submit form BIS-748. Miscellaneous and recordkeeping activities account
for 12 minutes per submission. BIS believes that the changes
implemented by this rule will not materially affect this burden. Send
comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing the
burden, to Jasmeet Seehra, Office of Management and Budget (OMB), by e-
mail to jseehra@omb.eop.gov, or by fax to (202) 395-7285; and to the
Regulatory Policy Division, Bureau of Industry and Security, Department
of Commerce, Room 2705, 14th Street and Pennsylvania Ave., NW.,
Washington, DC 20230.
3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
4. The Chief Counsel for Regulations of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration at the proposed rule stage that this rule would not have
a significant economic impact on a substantial number of small
entities. The rationale for that certification was set forth in the
preamble to the proposed rule (74 FR 63686, December 4, 2009). BIS
received no comments on the certification. As a result, a final
regulatory impact analysis is not required and none has been prepared.
List of Subjects
15 CFR Parts 740, 748, and 750
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 762
Administrative practice and procedure, Business and industry,
Confidential business information, Exports, Reporting and recordkeeping
requirements.
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Accordingly, the Export Administration Regulations (15 CFR parts 730-
774) are amended as follows:
PART 740--[AMENDED]
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1. The authority citation for part 740 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp.,
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 13, 2009, 74 FR 41325 (August 14, 2009).
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2. Section 740.18 is amended by revising the sixth sentence of
paragraph (c)(5) to read as follows:
Sec. 740.18 Agricultural commodities (AGR).
* * * * *
(c) * * *
(5) * * * BIS will issue written confirmation electronically in
SNAP-R or via paper. * * *
* * * * *
PART 748--[AMENDED]
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3. The authority citation for part 748 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 13, 2009, 74
FR 41325 (August 14, 2009).
Sec. 748.7 [Amended]
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4. Section 748.7 is amended by removing paragraph (c) and redesignating
paragraph (d) as paragraph (c).
PART 750--[AMENDED]
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5. The authority citation for part 750 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
Sec. 1503, Pub. L. 108-11, 117 Stat. 559; 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 of May 7, 2003, 68 FR
26459, May 16, 2003; Notice of August 13, 2009, 74 FR 41325 (August
14, 2009).
Sec. 750.7 [Amended]
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6. Section 750.7 is amended by removing the final sentence from
paragraph (a) and by revising paragraph (b) and paragraph (h)(4) to
read as follows:
Sec. 750.7 Issuance of licenses.
* * * * *
(b) Issuance of a license. BIS may issue a license electronically
via its Simplified Network Application Processing (SNAP-R) system or
via paper or both electronically and via paper. Each license has a
license number that will be shown on the license.
* * * * *
(h) * * *
(4) Replacement license. If you have been issued a ``replacement
license'' (for changes to your original license not covered in
paragraph (c) of this section), you must retain both the original and
the replacement license.
* * * * *
PART 762--[AMENDED]
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7. The authority citation for part 762 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
13, 2009, 74 FR 41325 (August 14, 2009).
Sec. 762.2 [Amended]
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8. Section 762.2 is amended by:
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a. Revising paragraph (a)(1),
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b. Removing the comma and the word ``and'' from the end of paragraph
(a)(9) and adding in their place, a semicolon,
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c. Redesignating paragraph (a)(10) as paragraph (a)(11), and
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d. Adding a new paragraph (a)(10) to read as follows:
Sec. 762.2 Records to be retained.
(a) * * *
(1) Export control documents as defined in part 772 of the EAR,
except
[[Page 17055]]
parties submitting documents electronically to BIS via the SNAP-R
system are not required to retain copies of documents so submitted;
* * * * *
(10) Notification from BIS of an application being returned without
action; notification by BIS of an application being denied;
notification by BIS of the results of a commodity classification or
encryption review request conducted by BIS; and,
* * * * *
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9. Section 762.4 is amended by adding a sentence at the end of the
section to read as follows:
Sec. 762.4 Original records required.
* * * With respect to documents that BIS issues to a party in SNAP-
R, either an electronically stored copy in a format that makes the
document readable with software possessed by that party or a paper
print out of the complete document is deemed to be an original record
for purposes of this section.
Dated: March 29, 2010.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2010-7639 Filed 4-2-10; 8:45 am]
BILLING CODE 3510-33-P
