Amendment to the Export Administration Regulations: Addition of a Reference to a Provision of the Iran Sanctions Act of 1996 (ISA) and Statement of the Licensing Policy for Transactions Involving Persons Sanctioned Under the ISA, 5387-5389 [2012-2465]
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Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
Airworthiness Directive 2011–24–04,
amendment 39–16868 (76 FR 73491,
November 29, 2011), currently requires
repetitive inspections for cracking on
the lower cap of the rear spar of the left
and right wings between stations
Xors=417 and the outboard edge of the
lower cap splice of the wing rear spar
at station Xors=400; temporary and
permanent repairs if necessary; and
repetitive inspections of repaired areas,
and corrective actions if necessary, for
certain Model DC–10–10, DC–10–10F,
and MD–10–10F airplanes.
As published, the airplane
manufacturer name specified in the
subject line, product identification
section, and paragraph (c) of AD 2011–
24–04, Amendment 39–16868 (76 FR
73491, November 29, 2011), is incorrect.
As published, the email address
provided in paragraphs (i)(1) and (j) of
AD 2011–24–04, Amendment 39–16868
(76 FR 73491, November 29, 2011), is
incorrect.
No other part of the preamble or
regulatory information has been
changed; therefore, only the changed
portions of the final rule are being
published in the Federal Register.
The effective date of this AD remains
January 3, 2012.
Correction of Non-Regulatory Text
In the Federal Register of November
29, 2011, AD 2011–24–04, Amendment
39–16868 (76 FR 73491, November 29,
2011), is corrected as follows:
On page 73491, in the second column,
in the subject line, change the subject
line to read as follows:
‘‘Airworthiness Directives; The Boeing
Company Airplanes.’’
[Corrected]
In the Federal Register of November
29, 2011, on page 73492, in the third
column, the product identification line
of AD 2011–24–04, Amendment 39–
16868 (76 FR 73491, November 29,
2011), is corrected to read as follows:
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DEPARTMENT OF COMMERCE
This AD applies to The Boeing Company
Model DC–10–10, DC–10–10F, and MD–10–
10F airplanes; certificated in any category; as
identified in Boeing Alert Service Bulletin
DC10–57A156, Revision 2, dated August 23,
2011.
*
*
*
*
*
■ In the Federal Register of November
29, 2011, on page 73493, in the third
column, paragraph (i)(1) of AD 2011–
24–04 Amendment 39–16868 (76 FR
73491, November 29, 2011), is corrected
to read as follows:
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(1) The Manager, Los Angeles Aircraft
Certification Office, (ACO) FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. Send information to ATTN:
Nenita Odesa, Aerospace Engineer, Airframe
Branch, ANM–120L, FAA, Los Angeles ACO,
3960 Paramount Boulevard, Lakewood,
California 97012–4137; phone: 562–627–
5234; fax: 562–627–5210; email:
nenita.odesa@faa.gov.
*
*
*
*
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■ In the Federal Register of November
29, 2011, on page 73494, in the first
column, paragraph (j) of AD 2011–24–04
Amendment 39–16868 (76 FR 73491,
November 29, 2011), is corrected to read
as follows:
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(i) Related Information
For more information about this AD,
contact Nenita Odesa, Aerospace Engineer,
Airframe Branch, ANM–120L, FAA, Los
Angeles ACO, 3960 Paramount Boulevard,
Lakewood, California 97012–4137; phone:
562–627–5234; fax: 562–627–5210; email:
nenita.odesa@faa.gov.
*
Correction of Regulatory Text
§ 39.13
(c) Applicability
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Issued in Renton, Washington, on January
23, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2012–2295 Filed 2–2–12; 8:45 am]
BILLING CODE 4910–13–P
2011–24–04 The Boeing Company:
Amendment 39–16868; Docket No.
FAA–2010–1206; Directorate Identifier
2009–NM–216–AD.
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In the Federal Register of November
29, 2011, on page 73492, in the third
column, paragraph (c) of AD 2011–24–
04 Amendment 39–16868 (76 FR 73491,
November 29, 2011), is corrected to read
as follows:
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Bureau of Industry and Security
15 CFR Part 744
[Docket No. 110718395–1482–01]
RIN 0694–AF30
Amendment to the Export
Administration Regulations: Addition
of a Reference to a Provision of the
Iran Sanctions Act of 1996 (ISA) and
Statement of the Licensing Policy for
Transactions Involving Persons
Sanctioned Under the ISA
Bureau of Industry and
Security, Department of Commerce.
ACTION: Final rule.
AGENCY:
In this rule, the Bureau of
Industry and Security (BIS) amends the
Export Administration Regulations
(EAR) to add a reference to the Iran
Sanctions Act of 1996 (ISA), which
states BIS’s licensing policy for export
and reexport transactions that involve
persons sanctioned pursuant to certain
enumerated statutes. In this rule, BIS
provides notice to the public that it has
a general policy of denial for export and
reexport license applications in which a
person sanctioned by the State
Department under the ISA is a party to
the transaction. BIS also makes
technical corrections to enhance clarity
and consistency.
DATES: This rule is effective February 3,
2012.
FOR FURTHER INFORMATION CONTACT:
Theodore Curtin, Sr. Export Policy
Analyst, Foreign Policy Controls
Division, Bureau of Industry and
Security, Department of Commerce, by
telephone (202) 482–1975 or by email to
theodore.curtin@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Basis of Amendment
The Iran Sanctions Act of 1996 (50
U.S.C. 1701 note) (ISA) requires the
President to sanction persons
determined to have engaged in certain
actions that help Iran develop
petroleum resources, produce refined
petroleum resources, or acquire refined
petroleum products. Sanctions must
also be imposed, pursuant to the ISA, on
persons determined to have taken
certain actions to help Iran acquire or
develop certain weapons of mass
destruction, missiles, or advanced
conventional weapons. In a September
23, 2010 Presidential Memorandum, the
President delegated the authority to
impose sanctions under the ISA to the
Secretary of State.
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Pursuant to that delegation, the State
Department makes a determination
whether to impose sanctions. Guidance
on sanctions imposed by the Secretary
of State under the ISA is available at
https://www.state.gov/e/eeb/esc/
iransanctions/. Exporters should contact
the Department of State directly if they
have questions about ISA-related
sanctions.
Upon making its determination, the
State Department publishes in the
Federal Register notices of the
imposition of sanctions under the ISA.
There are several possible sanctions that
may be imposed under the ISA
including a prohibition implemented by
BIS on the issuance by the U.S.
Government of a specific license or
other specific permission or authority to
export goods or technology to a
sanctioned person under the Export
Administration Act of 1979, as amended
(50 U.S.C. App. §§ 2401–2420).
Amendment to the EAR: Addition of a
Reference to the ISA
This rule amends the Export
Administration Regulations (EAR) at 15
CFR 744.19 to state that, consistent with
the sanctions programs described in
Section 744.19(a), (b), and (c), BIS will
apply a policy of denial when reviewing
export or reexport license applications
in which a person sanctioned under the
ISA is a party to the transaction.
Currently, Section 744.19 of the EAR
states that BIS’s policy is to deny export
or reexport license applications if a
person who is a party to the transaction
(i.e., the applicant, other party
authorized to receive the license,
purchaser, intermediate consignee,
ultimate consignee, or end user) is
subject to a sanction issued pursuant to
one of three statutory authorities: (1)
The Iran-Iraq Arms Nonproliferation Act
of 1992 (Pub. L. 102–484); (2) the Iran,
North Korea, and Syria Nonproliferation
Act (Pub. L. 106–178); or (3) Section
11B(b)(1)(B)(i) or (ii) of the Export
Administration Act of 1979, as amended
(50 U.S.C. App. §§ 2401–2420). In this
rule, BIS amends Section 744.19 to add
a reference to a fourth statute, the ISA.
Also, this rule clarifies in Section
744.19 that the policy of denial applies
to any person sanctioned under one of
the four statutes who is a party to the
transaction (i.e., the applicant, other
party authorized to receive a license,
purchaser, intermediate consignee,
ultimate consignee, or end-user). To
make this clarification, this rule
replaces the term ‘‘entity’’ that
previously appeared in Section 744.19
of the EAR with ‘‘person’’ in order to be
consistent with the four statutes and
BIS’s licensing policy under the EAR.
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As defined in the EAR, the term
‘‘person’’ applies to both natural
persons and entities such as
corporations and organizations.
Also, in this rule, BIS makes technical
corrections to Section 744.19 of the EAR
to update statutory citations and make
conforming changes. This rule updates
the reference to the Iran
Nonproliferation Act of 2000, which has
been amended on several occasions and
is currently referred to as the Iran, North
Korea, and Syria Nonproliferation Act,
adds the U.S. Code citation for the Iran
Nonproliferation Act of 2000, and
amends the citations for the statutes
referenced in Section 744.19(a), (b), and
(c) to refer solely to the U.S. Code
citations.
Since August 21, 2001, the Export
Administration Act of 1979, as
amended, has been in lapse and the
President, through Executive Order
13222 of August 17, 2001 (3 CFR, 2001
Comp. 783 (2002)), as extended most
recently by the Notice of August 12,
2011 (76 FR 50661 (August 16, 2011)),
has continued the EAR in effect under
the International Emergency Economic
Powers Act. BIS continues to carry out
the provisions of the Export
Administration Act of 1979, as
amended, as appropriate and to the
extent permitted by law, pursuant to
Executive Order 13222.
number 0694–0088, ‘‘Multi-Purpose
Application,’’ which carries a burden
hour estimate of 58 minutes to prepare
and submit form BIS–748. Total burden
hours associated with the PRA and
OMB control number 0694–0088 are not
expected to increase as a result of this
rule.
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, 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)). 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 by 5 U.S.C. 553, or
by any other law, the analytical
requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are
not applicable. Therefore, this rule is
issued in final form.
Rulemaking Requirements
1. Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has been determined to be not
significant for purposes of Executive
Order 12866.
2. Notwithstanding any other
provisions of law, no person is required
to respond to or be subject to a penalty
for failure to comply with a collection
of information, subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This rule
involves a collection of information
subject to the PRA. This collection has
been approved by the Office of
Management and Budget under control
Exports, Reporting and recordkeeping
requirements, Terrorism.
Accordingly, part 744 of the Export
Administration Regulations (15 CFR
Parts 730–774) is amended as follows:
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List of Subjects in 15 CFR Part 744
PART 744—[AMENDED]
1. The authority citation for 15 CFR
Part 744 continues to read as follows:
■
Authority: Et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
12058, 43 FR 20947, 3 CFR, 1978 Comp., p.
179; E.O. 12851, 58 FR 33181, 3 CFR, 1993
Comp., p. 608; E.O. 12938, 59 FR 59099,
3 CFR, 1994 Comp., p. 950; E.O. 12947, 60
FR 5079, 3 CFR, 1995 Comp., p. 356; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998
Comp., p. 208; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR
49079, 3 CFR, 2001 Comp., p. 786; Notice of
January 13, 2011, 76 FR 3009 (January 18,
2011); Notice of August 12, 2011, 76 FR
50661 (August 16, 2011); Notice of November
9, 2011, 76 FR 70319 (November 10, 2011).
■
2. Revise § 744.19 to read as follows:
§ 744.19 Licensing Policy Regarding
Persons Sanctioned Pursuant to Specified
Statutes.
Notwithstanding any other licensing
policy elsewhere in the EAR, BIS will
deny any export or reexport license
application if any person who is a party
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to the transaction (i.e., the applicant,
other party authorized to receive a
license, purchaser, intermediate
consignee, ultimate consignee, or enduser) is subject to one or more of the
sanctions described in paragraphs (a),
(b), (c), and (e) of this section and will
deny any export or reexport license
application for an item listed on the
Commerce Control List with a reason for
control of MT if a person who is a party
to the transaction is subject to a sanction
described in paragraph (d) of this
section.
(a) A sanction issued pursuant to the
Iran-Iraq Arms Nonproliferation Act of
1992 (50 U.S.C. 1701 note) that
prohibits the issuance of any license to
or by the sanctioned person.
(b) A sanction issued pursuant to the
Iran, North Korea, and Syria
Nonproliferation Act (50 U.S.C. 1701
note) that prohibits the granting of a
license and requires the suspension of
an existing license for the transfer to
foreign persons of items, the export of
which is controlled under the Export
Administration Act of 1979, as amended
(50 U.S.C. app. 2401–2420), or the
Export Administration Regulations.
(c) A sanction issued pursuant to
section 11B(b)(1)(B)(ii) of the Export
Administration Act of 1979, as amended
(50 U.S.C. app. 2401–2420), that
prohibits the issuance of new licenses
for exports to the sanctioned person of
items controlled pursuant to the Export
Administration Act of 1979, as
amended.
(d) A sanction issued pursuant to
section 11B(b)(1)(B)(i) of the Export
Administration Act of 1979, as amended
(50 U.S.C. app. 2401–2420), that
prohibits the issuance of new licenses
for exports to the sanctioned person of
MTCR Annex equipment or technology
controlled pursuant to the Export
Administration Act of 1979, as
amended.
(e) A sanction issued pursuant to the
Iran Sanctions Act of 1996 (50 U.S.C.
1701 note) that prohibits the issuance of
a specific license or grant of any other
specific permission or authority to
export any goods or technology to a
sanctioned person under the Export
Administration Act of 1979, as amended
(50 U.S.C. app. 2401–2420).
Dated: January 30, 2012.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2012–2465 Filed 2–2–12; 8:45 am]
BILLING CODE 3510–33–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 902
50 CFR Part 679
[Docket No. 110207103–2041–02]
RIN 0648–BA80
Fisheries of the Exclusive Economic
Zone Off Alaska; Chinook Salmon
Bycatch Management in the Bering
Sea Pollock Fishery; Economic Data
Collection
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues a final rule to
implement the Chinook Salmon
Economic Data Report Program, which
will evaluate the effectiveness of
Chinook salmon bycatch management
measures for the Bering Sea pollock
fishery that were implemented under
Amendment 91 to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP). Members of
the American Fisheries Act catcher
vessels, catcher/processor, and
mothership sectors as well as
representatives for the six western
Alaska Community Development Quota
Program organizations that presently
receive allocations of Bering Sea pollock
will submit the data collected for this
program. This rule is intended to
promote the goals and objectives of the
FMP, the Magnuson-Stevens Fishery
Conservation and Management Act, and
other applicable law.
DATES: This final rule is effective March
5, 2012.
ADDRESSES: Electronic copies of this
rule, the Regulatory Impact Review
(RIR), and Final Regulatory Flexibility
Analysis (FRFA) may be obtained from
the NMFS Alaska Region Web site at
https://alaskafisheries.noaa.gov.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
may be submitted by mail to NMFS,
Alaska Region, P.O. Box 21668, Juneau,
AK 99802–1668, Attn: Ellen Sebastian,
Records Officer; in person at NMFS,
Alaska Region, 709 West 9th Street,
Room 420A, Juneau, Alaska; by email to
OIRA_Submission@omb.eop.gov; or by
fax to (202) 395–7285.
SUMMARY:
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5389
Jeff
Hartman, (907) 586–7442, or Patsy A.
Bearden, (907) 586–7008.
SUPPLEMENTARY INFORMATION: NMFS
manages the U.S. groundfish fisheries of
the Bering Sea and Aleutian Islands
Management Area (BSAI) in the
Exclusive Economic Zone under the
Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(FMP). The North Pacific Fishery
Management Council (Council)
prepared the FMP pursuant to the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) 16 U.S.C. 1801,
et seq. Regulations implementing the
FMP appear at 50 CFR part 679. General
regulations that pertain to U.S. fisheries
appear at subpart H of 50 CFR part 600.
This rule implements the Chinook
Salmon Economic Data Report (EDR)
Program, which will provide NMFS
with additional data to assess the
effectiveness of the Chinook salmon
bycatch management measures
implemented under Amendment 91 to
the FMP. The EDR consists of one new
data collection and two revised data
collections. The Chinook Salmon EDR
program applies to owners and
operators of catcher vessels, catcher/
processors, motherships, and the six
Western Alaska Community
Development Quota (CDQ) Program
groups qualified to participate in the
pollock (Theragra chalcogramma)
fishery in the Bering Sea subarea of the
BSAI. This rule also applies to the
representatives of the above described
participants in the Bering Sea pollock
fishery.
FOR FURTHER INFORMATION CONTACT:
Background
NMFS implemented Amendment 91
(75 FR 53026, August 30, 2010) to
balance the need to minimize bycatch of
Chinook salmon in the Bering Sea
pollock fishery with the potential costs
of bycatch restrictions on the pollock
fishery. In addition to limiting the
amount of Chinook salmon that may be
caught by the pollock fishery,
Amendment 91 includes innovative
industry-designed incentives, such as
the use of penalties for vessels that
exceed a sector-established Chinook
salmon PSC limit. These industryenforced incentives are intended to
minimize Chinook salmon bycatch to
the extent practicable in all years, and
to prevent bycatch from reaching the
established limit in most years.
Amendment 91 also allows NMFS to
allocate transferrable Chinook salmon
prohibited species catch (PSC) to an
entity representing the catcher/
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]]>Agencies
[Federal Register Volume 77, Number 23 (Friday, February 3, 2012)]
[Rules and Regulations]
[Pages 5387-5389]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2465]
=======================================================================
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 110718395-1482-01]
RIN 0694-AF30
Amendment to the Export Administration Regulations: Addition of a
Reference to a Provision of the Iran Sanctions Act of 1996 (ISA) and
Statement of the Licensing Policy for Transactions Involving Persons
Sanctioned Under the ISA
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) to add a reference to the
Iran Sanctions Act of 1996 (ISA), which states BIS's licensing policy
for export and reexport transactions that involve persons sanctioned
pursuant to certain enumerated statutes. In this rule, BIS provides
notice to the public that it has a general policy of denial for export
and reexport license applications in which a person sanctioned by the
State Department under the ISA is a party to the transaction. BIS also
makes technical corrections to enhance clarity and consistency.
DATES: This rule is effective February 3, 2012.
FOR FURTHER INFORMATION CONTACT: Theodore Curtin, Sr. Export Policy
Analyst, Foreign Policy Controls Division, Bureau of Industry and
Security, Department of Commerce, by telephone (202) 482-1975 or by
email to theodore.curtin@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
Basis of Amendment
The Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) (ISA) requires
the President to sanction persons determined to have engaged in certain
actions that help Iran develop petroleum resources, produce refined
petroleum resources, or acquire refined petroleum products. Sanctions
must also be imposed, pursuant to the ISA, on persons determined to
have taken certain actions to help Iran acquire or develop certain
weapons of mass destruction, missiles, or advanced conventional
weapons. In a September 23, 2010 Presidential Memorandum, the President
delegated the authority to impose sanctions under the ISA to the
Secretary of State.
[[Page 5388]]
Pursuant to that delegation, the State Department makes a
determination whether to impose sanctions. Guidance on sanctions
imposed by the Secretary of State under the ISA is available at https://www.state.gov/e/eeb/esc/iransanctions/. Exporters should contact the
Department of State directly if they have questions about ISA-related
sanctions.
Upon making its determination, the State Department publishes in
the Federal Register notices of the imposition of sanctions under the
ISA. There are several possible sanctions that may be imposed under the
ISA including a prohibition implemented by BIS on the issuance by the
U.S. Government of a specific license or other specific permission or
authority to export goods or technology to a sanctioned person under
the Export Administration Act of 1979, as amended (50 U.S.C. App.
Sec. Sec. 2401-2420).
Amendment to the EAR: Addition of a Reference to the ISA
This rule amends the Export Administration Regulations (EAR) at 15
CFR 744.19 to state that, consistent with the sanctions programs
described in Section 744.19(a), (b), and (c), BIS will apply a policy
of denial when reviewing export or reexport license applications in
which a person sanctioned under the ISA is a party to the transaction.
Currently, Section 744.19 of the EAR states that BIS's policy is to
deny export or reexport license applications if a person who is a party
to the transaction (i.e., the applicant, other party authorized to
receive the license, purchaser, intermediate consignee, ultimate
consignee, or end user) is subject to a sanction issued pursuant to one
of three statutory authorities: (1) The Iran-Iraq Arms Nonproliferation
Act of 1992 (Pub. L. 102-484); (2) the Iran, North Korea, and Syria
Nonproliferation Act (Pub. L. 106-178); or (3) Section 11B(b)(1)(B)(i)
or (ii) of the Export Administration Act of 1979, as amended (50 U.S.C.
App. Sec. Sec. 2401-2420). In this rule, BIS amends Section 744.19 to
add a reference to a fourth statute, the ISA.
Also, this rule clarifies in Section 744.19 that the policy of
denial applies to any person sanctioned under one of the four statutes
who is a party to the transaction (i.e., the applicant, other party
authorized to receive a license, purchaser, intermediate consignee,
ultimate consignee, or end-user). To make this clarification, this rule
replaces the term ``entity'' that previously appeared in Section 744.19
of the EAR with ``person'' in order to be consistent with the four
statutes and BIS's licensing policy under the EAR. As defined in the
EAR, the term ``person'' applies to both natural persons and entities
such as corporations and organizations.
Also, in this rule, BIS makes technical corrections to Section
744.19 of the EAR to update statutory citations and make conforming
changes. This rule updates the reference to the Iran Nonproliferation
Act of 2000, which has been amended on several occasions and is
currently referred to as the Iran, North Korea, and Syria
Nonproliferation Act, adds the U.S. Code citation for the Iran
Nonproliferation Act of 2000, and amends the citations for the statutes
referenced in Section 744.19(a), (b), and (c) to refer solely to the
U.S. Code citations.
Since August 21, 2001, the Export Administration Act of 1979, as
amended, has been in lapse and the President, through Executive Order
13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), as extended
most recently by the Notice of August 12, 2011 (76 FR 50661 (August 16,
2011)), has continued the EAR in effect under the International
Emergency Economic Powers Act. BIS continues to carry out the
provisions of the Export Administration Act of 1979, as amended, as
appropriate and to the extent permitted by law, pursuant to Executive
Order 13222.
Rulemaking Requirements
1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be not significant for
purposes of Executive Order 12866.
2. Notwithstanding any other provisions of law, no person is
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This rule involves a
collection of information subject to the PRA. This collection has been
approved by the Office of Management and Budget under control number
0694-0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748. Total burden
hours associated with the PRA and OMB control number 0694-0088 are not
expected to increase as a result of this rule.
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, 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)). 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 by 5 U.S.C. 553, or by any other law, the
analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are not applicable. Therefore, this rule is issued in final
form.
List of Subjects in 15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
Accordingly, part 744 of the Export Administration Regulations (15
CFR Parts 730-774) is amended as follows:
PART 744--[AMENDED]
0
1. The authority citation for 15 CFR Part 744 continues to read as
follows:
Authority: Et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179;
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of January 13, 2011, 76 FR 3009
(January 18, 2011); Notice of August 12, 2011, 76 FR 50661 (August
16, 2011); Notice of November 9, 2011, 76 FR 70319 (November 10,
2011).
0
2. Revise Sec. 744.19 to read as follows:
Sec. 744.19 Licensing Policy Regarding Persons Sanctioned Pursuant to
Specified Statutes.
Notwithstanding any other licensing policy elsewhere in the EAR,
BIS will deny any export or reexport license application if any person
who is a party
[[Page 5389]]
to the transaction (i.e., the applicant, other party authorized to
receive a license, purchaser, intermediate consignee, ultimate
consignee, or end-user) is subject to one or more of the sanctions
described in paragraphs (a), (b), (c), and (e) of this section and will
deny any export or reexport license application for an item listed on
the Commerce Control List with a reason for control of MT if a person
who is a party to the transaction is subject to a sanction described in
paragraph (d) of this section.
(a) A sanction issued pursuant to the Iran-Iraq Arms
Nonproliferation Act of 1992 (50 U.S.C. 1701 note) that prohibits the
issuance of any license to or by the sanctioned person.
(b) A sanction issued pursuant to the Iran, North Korea, and Syria
Nonproliferation Act (50 U.S.C. 1701 note) that prohibits the granting
of a license and requires the suspension of an existing license for the
transfer to foreign persons of items, the export of which is controlled
under the Export Administration Act of 1979, as amended (50 U.S.C. app.
2401-2420), or the Export Administration Regulations.
(c) A sanction issued pursuant to section 11B(b)(1)(B)(ii) of the
Export Administration Act of 1979, as amended (50 U.S.C. app. 2401-
2420), that prohibits the issuance of new licenses for exports to the
sanctioned person of items controlled pursuant to the Export
Administration Act of 1979, as amended.
(d) A sanction issued pursuant to section 11B(b)(1)(B)(i) of the
Export Administration Act of 1979, as amended (50 U.S.C. app. 2401-
2420), that prohibits the issuance of new licenses for exports to the
sanctioned person of MTCR Annex equipment or technology controlled
pursuant to the Export Administration Act of 1979, as amended.
(e) A sanction issued pursuant to the Iran Sanctions Act of 1996
(50 U.S.C. 1701 note) that prohibits the issuance of a specific license
or grant of any other specific permission or authority to export any
goods or technology to a sanctioned person under the Export
Administration Act of 1979, as amended (50 U.S.C. app. 2401-2420).
Dated: January 30, 2012.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2012-2465 Filed 2-2-12; 8:45 am]
BILLING CODE 3510-33-P
