Updated Statements of Legal Authority for the Export Administration Regulations, 15219-15220 [2014-06030]
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Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Rules and Regulations
irradiated in Malaysia, the
phytosanitary certificate must have an
additional declaration that the
pineapple has been treated with
irradiation in accordance with 7 CFR
part 305.
(d) Additional requirements for
starfruit from Malaysia. (1) Before
shipment, each consignment of starfruit
must be inspected by the NPPO of
Malaysia using a sampling method
agreed upon by APHIS and the NPPO of
Malaysia. As part of this method, a
sample must be obtained from each lot,
inspected by the NPPO of Malaysia, and
found free from Phoma averrhoae. The
fruit in the sample must then be cut
open, inspected, and found free from
pupae of Cryptophlebia spp. If a single
live Cryptophlebia spp. moth is found
during sampling, the entire consignment
of fruit will be prohibited from import
into the United States and a notice of
non-compliance will be issued to the
NPPO of Malaysia.
(2) Each consignment of starfruit
imported from Malaysia into the
continental United States must be
accompanied by a phytosanitary
certificate, issued by the NPPO of
Malaysia, with an additional declaration
that the starfruit has been inspected
prior to shipment and found free of P.
averrhoae and pupae of Cryptophlebia
spp. Additionally, if the starfruit has
been irradiated in Malaysia, the
phytosanitary certificate must have an
additional declaration that the fruit has
been treated with irradiation in
accordance with 7 CFR part 305.
(Approved by the Office of Management and
Budget under control number 0579–0408)
Done in Washington, DC, this 12th day of
March 2014.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
This rule updates the Code of
Federal Regulations (CFR) legal
authority paragraphs in the Export
Administration Regulations (EAR) to
cite a Presidential notice extending an
emergency declared pursuant to the
International Emergency Economic
Powers Act. This is a procedural rule
that only updates authority paragraphs
of the EAR. It does not alter any right,
obligation or prohibition that applies to
any person under the EAR.
SUMMARY:
DATES:
The rule is effective March 19,
2014.
FOR FURTHER INFORMATION CONTACT:
William Arvin, Regulatory Policy
Division, Bureau of Industry and
Security, Email wlliam.arvin@
bis.doc.gov, Telephone: (202) 482–2440.
SUPPLEMENTARY INFORMATION:
Background
The authority for parts 730 and 744 of
the EAR (15 CFR parts 730 and 744)
rests, in part, on Executive Order 12947
of January 23, 1995—National
Emergency With Respect to Terrorists
Who Threaten To Disrupt the Middle
East Peace Process (60 FR 5079, 3 CFR,
1995 Comp., p. 356) and on annual
notices by the President continuing that
emergency. This rule updates the
authority paragraphs in 15 CFR parts
730 and 744 to cite the notice of January
21, 2014, 79 FR 3721 (January 22, 2014),
continuing that emergency.
This rule is purely procedural and
makes no changes other than to revise
CFR authority paragraphs for the
purpose of making the authority
citations current. It does not change the
text of any section of the EAR, nor does
it alter any right, obligation or
prohibition that applies to any person
under the EAR.
[FR Doc. 2014–06017 Filed 3–18–14; 8:45 am]
Export Administration Act
BILLING CODE 3410–34–P
Although the Export Administration
Act expired on August 20, 2001, the
President, through Executive Order
13222 of August 17, 2001, 3 CFR, 2001
Comp., p. 783 (2002), as amended by
Executive Order 13637 of March 8,
2013, 78 FR 16129 (March 13, 2013) and
as extended by the Notice of August 8,
2013, 78 FR 49107 (August 12, 2013),
has continued the Export
Administration Regulations in effect
under the International Emergency
Economic Powers Act (50 U.S.C. 1701).
BIS continues to carry out the
provisions of the Export Administration
Act, as appropriate and to the extent
permitted by law, pursuant to Executive
Order 13222 as amended by Executive
Order 13637.
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 730 and 744
[Docket No. 140227183–4183–01]
wreier-aviles on DSK5TPTVN1PROD with RULES
RIN 0694–AG07
Updated Statements of Legal Authority
for the Export Administration
Regulations
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
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15:37 Mar 18, 2014
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15219
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). This rule does not impose any
regulatory burden on the public and is
consistent with the goals of Executive
Order 13563. This rule has been
determined to be not significant for
purposes of Executive Order 12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This rule does
not involve any collection of
information.
3. This rule does not contain policies
with Federalism implications as that
term is defined under Executive Order
13132.
4. The Department finds that there is
good cause under 5 U.S.C. 553(b)(3)(B)
to waive the provisions of the
Administrative Procedure Act requiring
prior notice and the opportunity for
public comment because they are
unnecessary. This rule only updates
legal authority citations. It clarifies
information and is non-discretionary.
This rule does not alter any right,
obligation or prohibition that applies to
any person under the EAR. Because
these revisions are not substantive
changes, it is unnecessary to provide
notice and opportunity for public
comment. In addition, the 30-day delay
in effectiveness required by 5 U.S.C.
553(d) is not applicable because this
rule is not a substantive rule. Because
neither the Administrative Procedure
Act nor any other law requires that
notice of proposed rulemaking and an
opportunity for public comment be
given for this rule, the analytical
requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are
not applicable.
List of Subjects
15 CFR Part 730
Administrative practice and
procedure, Advisory committees,
Exports, Reporting and recordkeeping
requirements, Strategic and critical
materials.
E:\FR\FM\19MRR1.SGM
19MRR1
15220
Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Rules and Regulations
15 CFR Part 744
Exports, Reporting and recordkeeping
requirements, Terrorism.
Dated: March 13, 2014.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
Accordingly, parts 730 and 744 of the
EAR (15 CFR parts 730–774) are
amended as follows:
[FR Doc. 2014–06030 Filed 3–18–14; 8:45 am]
PART 730—[AMENDED]
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
1. The authority citation for 15 CFR
part 730 is revised to read as follows:
BILLING CODE 3510–33–P
■
29 CFR Part 1601
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151 note;
22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30
U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a;
50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 11912, 41 FR 15825, 3 CFR,
1976 Comp., p. 114; E.O. 12002, 42 FR 35623,
3 CFR, 1977 Comp., p. 133; E.O. 12058, 43
FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
12214, 45 FR 29783, 3 CFR, 1980 Comp., p.
256; E.O. 12851, 58 FR 33181, 3 CFR, 1993
Comp., p. 608; E.O. 12854, 58 FR 36587, 3
CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR
28205, 3 CFR, 1994 Comp., p. 899; 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. 12981, 60 FR 62981, 3
CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR
54079, 3 CFR, 1996 Comp., p. 219; 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; E.O.
13338, 69 FR 26751, 3 CFR, 2004 Comp., p
168; E.O. 13637 of March 8, 2013, 78 FR
16129 (March 13, 2013); Notice of May 7,
2013, 78 FR 27301 (May 9, 2013); Notice of
August 8, 2013, 78 FR 49107 (August 12,
2013); Notice of September 18, 2013, 78 FR
58151 (September 20, 2013); Notice of
November 7, 2013, 78 FR 67289 (November
12, 2013); Notice of January 21, 2014, 79 FR
3721 (January 22, 2014).
PART 744—[AMENDED]
2. The authority citation for 15 CFR
part 744 is revised to read as follows:
wreier-aviles on DSK5TPTVN1PROD with RULES
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
356; E.O. 13026, 61 FR 58767, 3 CFR, 1996
Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; E.O.
13224, 66 FR 49079, 3 CFR, 2001 Comp., p.
786; Notice of August 8, 2013, 78 FR 49107
(August 12, 2013); Notice of September 18,
2013, 78 FR 58151 (September 20, 2013);
Notice of November 7, 2013, 78 FR 67289
(November 12, 2013); Notice of January 21,
2014, 79 FR 3721 (January 22, 2014).
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RIN 3046–AA95
Adjusting the Penalty for Violation of
Notice Posting Requirements
Equal Employment
Opportunity Commission.
ACTION: Final rule.
AGENCY:
In accordance with the
Federal Civil Monetary Penalty Inflation
Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of
1996, this final rule adjusts for inflation
the civil monetary penalty for violation
of the notice-posting requirements in
Title VII of the Civil Rights act of 1964,
the Americans with Disabilities Act, and
the Genetic Information NonDiscrimination Act.
DATES: Effective Date: April 18, 2014.
FOR FURTHER INFORMATION CONTACT:
Thomas J. Schlageter, Assistant Legal
Counsel, (202) 663–4668, or Danielle J.
Hayot, Senior Attorney, (202) 663–4695,
Office of Legal Counsel, 131 M St. NE.,
Washington, DC 20507. Requests for this
notice in an alternative format should be
made to the Office of Communications
and Legislative Affairs at (202) 663–
4191 (voice) or (202) 663–4494 (TTY), or
to the Publications Information Center
at 1–800–669–3362 (toll free).
SUPPLEMENTARY INFORMATION: Under
section 711 of the Civil Rights Act of
1964 (Title VII), which is incorporated
by reference in section 105 of the
Americans with Disabilities Act (ADA)
and section 207 of the Genetic
Information Non-Discrimination Act
(GINA), and 29 CFR 1601.30(a), every
employer, employment agency, labor
organization, and joint labormanagement committee controlling an
apprenticeship or other training
program covered by Title VII, the ADA,
or GINA, must post notices describing
the pertinent provisions of Title VII,
ADA, or GINA. Such notices must be
posted in prominent and accessible
places where notices to employees,
applicants, and members are
customarily maintained.
Pursuant to section 4 of the Federal
Civil Penalties Inflation Adjustment Act
of 1990, 28 U.S.C. 2461 note, as
SUMMARY:
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amended by the Debt Collection
Improvement Act of 1996 (‘‘DCIA’’),
Pub. L. 104–134, Sec. 31001(s)(1), 110
Stat. 1373, each federal agency is
required to issue regulations adjusting
for inflation the maximum civil penalty
that may be imposed pursuant to each
agency’s statutes. The purpose of the
adjustment is to maintain the remedial
impact of civil monetary penalties and
promote compliance with the law. The
EEOC’s initial adjustment was
published in the Federal Register on
May 16, 1997, at 62 FR 26934, and
raised the maximum penalty per
violation of the notice posting
requirements from $100 to $110.
Section 5 of the Federal Civil
Penalties Inflation Adjustment Act of
1990, as amended, requires that the
adjustment to a civil monetary penalty
reflect the percentage increase in the
Consumer Price Index (CPI) between
June of the calendar year in which the
penalty was last adjusted (1997) and
June of the calendar year preceding the
revised adjustment (2013). The DCIA
defines the CPI as the CPI for all urban
consumers published by the Department
of Labor (CPI–U), available at ftp://
ftp.bls.gov/pub/special.requests/cpi/
cpiai.txt. As the last adjustment was
made and published on May 16, 1997,
the inflation adjustment set forth in this
final rule was calculated by comparing
the CPI–U for June 1997 (160.3) with the
CPI–U for June 2013 (233.504), resulting
in an inflation adjustment factor of
45.67% (233.504–160.3)/
160.3=.45667).1
Once the inflation adjustment factor is
determined, the second step is to
multiply the inflation adjustment factor
(45.67%) by the current civil penalty
amount ($110) to calculate the raw
inflation increase ($50.24). The third
step is to round this raw inflation
increase to the nearest multiple of a
hundred (here $100 because $50.24 is
closer to $100 than to $0).The fourth
step is to add the rounded inflation
increase ($100) to the current civil
penalty amount ($110) to obtain the
new, inflation-adjusted civil penalty
amount ($210). Accordingly, we are
adjusting the maximum penalty per
violation specified in 29 CFR 1601.30(a)
from $110 to $210.
1 Penalty increases are determined by the specific
rounding formula prescribed by the Debt Collection
Improvement Act of 1996. Because of the small size
of the penalty, the rounding rules required an
inflation increase of 45 percent or more before an
increase could be effectuated, which did not occur
until the June 2013 CPI was announced in July
2013.
E:\FR\FM\19MRR1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 53 (Wednesday, March 19, 2014)]
[Rules and Regulations]
[Pages 15219-15220]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06030]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 730 and 744
[Docket No. 140227183-4183-01]
RIN 0694-AG07
Updated Statements of Legal Authority for the Export
Administration Regulations
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule updates the Code of Federal Regulations (CFR) legal
authority paragraphs in the Export Administration Regulations (EAR) to
cite a Presidential notice extending an emergency declared pursuant to
the International Emergency Economic Powers Act. This is a procedural
rule that only updates authority paragraphs of the EAR. It does not
alter any right, obligation or prohibition that applies to any person
under the EAR.
DATES: The rule is effective March 19, 2014.
FOR FURTHER INFORMATION CONTACT: William Arvin, Regulatory Policy
Division, Bureau of Industry and Security, Email
wlliam.arvin@bis.doc.gov, Telephone: (202) 482-2440.
SUPPLEMENTARY INFORMATION:
Background
The authority for parts 730 and 744 of the EAR (15 CFR parts 730
and 744) rests, in part, on Executive Order 12947 of January 23, 1995--
National Emergency With Respect to Terrorists Who Threaten To Disrupt
the Middle East Peace Process (60 FR 5079, 3 CFR, 1995 Comp., p. 356)
and on annual notices by the President continuing that emergency. This
rule updates the authority paragraphs in 15 CFR parts 730 and 744 to
cite the notice of January 21, 2014, 79 FR 3721 (January 22, 2014),
continuing that emergency.
This rule is purely procedural and makes no changes other than to
revise CFR authority paragraphs for the purpose of making the authority
citations current. It does not change the text of any section of the
EAR, nor does it alter any right, obligation or prohibition that
applies to any person under the EAR.
Export Administration Act
Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March
8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of
August 8, 2013, 78 FR 49107 (August 12, 2013), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act (50 U.S.C. 1701). BIS continues to carry out the
provisions of the Export Administration Act, as appropriate and to the
extent permitted by law, pursuant to Executive Order 13222 as amended
by Executive Order 13637.
Rulemaking Requirements
1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). This rule
does not impose any regulatory burden on the public and is consistent
with the goals of Executive Order 13563. This rule has been determined
to be not significant for purposes of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
does not involve any collection of information.
3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
4. The Department finds that there is good cause under 5 U.S.C.
553(b)(3)(B) to waive the provisions of the Administrative Procedure
Act requiring prior notice and the opportunity for public comment
because they are unnecessary. This rule only updates legal authority
citations. It clarifies information and is non-discretionary. This rule
does not alter any right, obligation or prohibition that applies to any
person under the EAR. Because these revisions are not substantive
changes, it is unnecessary to provide notice and opportunity for public
comment. In addition, the 30-day delay in effectiveness required by 5
U.S.C. 553(d) is not applicable because this rule is not a substantive
rule. Because neither the Administrative Procedure Act nor any other
law requires that notice of proposed rulemaking and an opportunity for
public comment be given for this rule, the analytical requirements of
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not
applicable.
List of Subjects
15 CFR Part 730
Administrative practice and procedure, Advisory committees,
Exports, Reporting and recordkeeping requirements, Strategic and
critical materials.
[[Page 15220]]
15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
Accordingly, parts 730 and 744 of the EAR (15 CFR parts 730-774)
are amended as follows:
PART 730--[AMENDED]
0
1. The authority citation for 15 CFR part 730 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151
note; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s),
185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C.
1824a; 50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
E.O. 11912, 41 FR 15825, 3 CFR, 1976 Comp., p. 114; E.O. 12002, 42
FR 35623, 3 CFR, 1977 Comp., p. 133; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12214, 45 FR 29783, 3 CFR, 1980 Comp., p.
256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12854,
58 FR 36587, 3 CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR 28205, 3
CFR, 1994 Comp., p. 899; 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.
12981, 60 FR 62981, 3 CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR
54079, 3 CFR, 1996 Comp., p. 219; 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; E.O. 13338, 69 FR 26751, 3
CFR, 2004 Comp., p 168; E.O. 13637 of March 8, 2013, 78 FR 16129
(March 13, 2013); Notice of May 7, 2013, 78 FR 27301 (May 9, 2013);
Notice of August 8, 2013, 78 FR 49107 (August 12, 2013); Notice of
September 18, 2013, 78 FR 58151 (September 20, 2013); Notice of
November 7, 2013, 78 FR 67289 (November 12, 2013); Notice of January
21, 2014, 79 FR 3721 (January 22, 2014).
PART 744--[AMENDED]
0
2. The authority citation for 15 CFR part 744 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179;
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of August 8, 2013, 78 FR 49107
(August 12, 2013); Notice of September 18, 2013, 78 FR 58151
(September 20, 2013); Notice of November 7, 2013, 78 FR 67289
(November 12, 2013); Notice of January 21, 2014, 79 FR 3721 (January
22, 2014).
Dated: March 13, 2014.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2014-06030 Filed 3-18-14; 8:45 am]
BILLING CODE 3510-33-P
