Corrections and Clarifications to the Export Administration Regulations; Correction, 48660-48661 [2014-19348]

Download as PDF wreier-aviles on DSK5TPTVN1PROD with RULES 48660 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations than 3 months of age at the time of vaccination that: (i) Specifies the name and address of the person intending to import the dog into the continental United States or Hawaii; (ii) Identifies the dog on the basis of breed, sex, age, color, markings, and other identifying information; (iii) Specifies a date of rabies vaccination at least 30 days before the date of arrival of the dog at a U.S. port; (iv) Specifies a date of expiration of the vaccination which is after the date of arrival of the dog at a U.S. port. If no date of expiration is specified, then the date of vaccination shall be no more than 12 months before the date of arrival at a U.S. port; and (v) Bears the signature and the license number of the veterinarian issuing the certificate. (b) Exceptions. (1) Research. The provisions of paragraphs (a)(1)(iii), (a)(1)(iv), (a)(1)(v), and/or (a)(2) of this section do not apply to any person who imports a live dog from any part of the world into the continental United States or Hawaii for use in research, tests, or experiments at a research facility, provided that: Such person submits satisfactory evidence to Animal Care at the time of his or her application for an import permit that the specific provision(s) would interfere with the dog’s use in such research, tests, or experiments in accordance with a research proposal and the proposal has been approved by the research facility IACUC. (2) Veterinary care. The provisions of paragraphs (a)(1)(iii) through (a)(1)(v) and (a)(2) of this section do not apply to any person who imports a live dog from any part of the world into the continental United States or Hawaii for veterinary treatment by a licensed veterinarian, provided that: (i) The original health certificate required in paragraph (a)(1) of this section states that the dog is in need of veterinary treatment that cannot be obtained in the country of export and states the name and address of the licensed veterinarian in the United States who intends to provide the dog such veterinary treatment; and (ii) The person who imports the dog completes a veterinary treatment agreement with Animal Care at the time of application for an import permit and confines the animal until the conditions specified in the agreement are met. Such conditions may include determinations by the licensed veterinarian in the United States that the dog is in good health, has been adequately vaccinated against DHLPP and rabies, and is at least 6 months of age. The person importing VerDate Mar<15>2010 16:10 Aug 15, 2014 Jkt 232001 the dog shall bear the expense of veterinary treatment and confinement. (3) Dogs imported into Hawaii from the British Isles, Australia, Guam, or New Zealand. The provisions of paragraph (a)(1)(iii) of this section do not apply to any person who lawfully imports a live dog into the State of Hawaii from the British Isles, Australia, Guam, or New Zealand in compliance with the applicable regulations of the State of Hawaii, provided that the dog is not transported out of the State of Hawaii for purposes of resale at less than 6 months of age. (Approved by the Office of Management and Budget under control number 0579– 0379) § 2.152 Notification of arrival. Upon the arrival of a dog at the port of first arrival in the continental United States or Hawaii, the person intending to import the dog, or his or her agent, must present the import permit and any applicable certifications and veterinary treatment agreement required by this subpart to the collector of customs for use at that port. § 2.153 Dogs refused entry. Any dog refused entry into the continental United States or Hawaii for noncompliance with the requirements of this subpart may be removed from the continental United States or Hawaii or may be seized and the person intending to import the dog shall provide for the care (including appropriate veterinary care), forfeiture, and adoption of the dog, at his or her expense. Done in Washington, DC, this 12th day of August 2014. Gary Woodward, Deputy Under Secretary for Marketing and Regulatory Programs. [FR Doc. 2014–19515 Filed 8–15–14; 8:45 am] BILLING CODE 3410–34–P provisions of the Export Administration Regulations that were amended by two final rules appearing in the Federal Register on June 5, 2014 and on May 13, 2014. Both rules amended a number of the same provisions of the Export Administration Regulations, and certain language was either removed or changed inadvertently. This final rule corrects those provisions to accurately reflect the revisions made by both rules. DATES: This rule is effective August 18, 2014. FOR FURTHER INFORMATION CONTACT: Timothy Mooney, Regulatory Policy Division, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482–2440, Fax: (202) 482– 3355, Email: rpd2@bis.doc.gov. SUPPLEMENTARY INFORMATION: Background The Bureau of Industry and Security (BIS) publishes this final rule to make corrections to certain provisions of the Export Administration Regulations that were amended by two final rules appearing in the Federal Register on June 5, 2014 (79 FR 32612) and on May 13, 2014 (79 FR 27417). These two rules were drafted and finalized simultaneously, however they separately revised some of the same provisions of the Export Administration Regulations and certain language was either removed or changed inadvertently. This final rule corrects those provisions to accurately reflect the revisions made by both rules. These corrections include reinserting two sentences inadvertently removed because of an incorrect instruction in the June 5 rule, and reinserting a phrase inadvertently removed by the May 13 rule, which did not reflect a correction made in a final rule published on October 3, 2013 (78 FR 61745). Rulemaking Requirements DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 740, 742, and 758 [Docket No. 140221165–4621–02] RIN 0694–AG11 Corrections and Clarifications to the Export Administration Regulations; Correction Bureau of Industry and Security, Commerce. ACTION: Final rule; correcting amendments. AGENCY: The Bureau of Industry and Security (BIS) is correcting certain SUMMARY: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 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, distribute 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 final rule, which is a consolidation of corrections and clarifications of final rules published in 2013 and 2014, has been determined to be not significant for purposes of Executive Order 12866. E:\FR\FM\18AUR1.SGM 18AUR1 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations 2. The Department of Commerce finds that there is good cause under 5 U.S.C. 553(b)(B) to waive the provisions of the Administrative Procedure Act otherwise requiring prior notice and the opportunity for public comment because they are unnecessary. The revisions made by this rule are technical corrections to provisions that have already been subject to public notice and the opportunity to comment. These revisions in this rule are important to get in place as soon as possible to avoid confusion by the public regarding the intent and meaning of recent changes to the EAR. In addition, BIS finds good cause to waive the 30-day delay in effectiveness under 5 U.S.C. 553(d)(3). As mentioned previously, the revisions made by this rule are technical corrections that need to be in place as soon as possible to avoid confusion by the public regarding the intent and meaning of recent changes to the EAR. 3. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for these amendments 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. List of Subjects 15 CFR Parts 740 and 758 Administrative practice and procedure, Exports, Reporting and recordkeeping requirements. PART 740—[AMENDED] 1. The authority citation for 15 CFR part 740 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. 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 7, 2014, 79 FR 46959 (Aug. 11, 2014). 2. In § 740.10, revise paragraph (b)(1) to read as follows: ■ wreier-aviles on DSK5TPTVN1PROD with RULES * * * * * (d) * * * (2) Prior Consignee Statement. One statement may be used for multiple shipments of the same items between the same parties so long as the party names, the description(s) of the item(s), and the ECCNs are correct. The exporter, reexporter, and transferor must maintain a log or other record that identifies each shipment made pursuant to this section and the specific consignee statement that is associated with each shipment. Paragraph (d)(2)(viii) is also required for transactions including 9x515 items. [INSERT NAME OF CONSIGNEE]: * * * * * § 740.10 License Exception Servicing and replacement of parts and equipment (RPL). * * * * * (b) * * * (1) The provisions of this paragraph (b) authorize the export and reexport to any destination, except for 9x515 or ‘‘600 series’’ items to destinations identified in Country Group D:5 (see Jkt 232001 PART 758—[AMENDED] 6. The authority citation for part 758 is revised 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 7, 2014, 79 FR 46959 (Aug. 11, 2014). 7. In section 758.1, revise paragraph (b)(3) to read as follows: ■ § 758.1 The Electronic Export Information (EEI) filing to the Automated Export System (AES). * * * * * (b) * * * (3) For all exports of 9x515 or ‘‘600 series’’ items enumerated or otherwise described in paragraphs .a through .x of a 9x515 or ‘‘600 series’’ ECCN regardless of value or destination, including exports to Canada; * * * * * Dated: August 11, 2014. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. 2014–19348 Filed 8–15–14; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF THE TREASURY Internal Revenue Service 4. The authority citation for 15 CFR part 742 is revised to read as follows: 26 CFR Part 1 ■ Exports, Terrorism. Accordingly, parts 740, 742 and 758 of the Export Administration Regulations (15 CFR parts 730–774) are corrected as follows: 14:38 Aug 15, 2014 § 740.20 License Exception Strategic Trade Authorization (STA). observance of human rights throughout the world. * * * * * * * * PART 742—[AMENDED] 15 CFR Part 742 VerDate Mar<15>2010 Supplement No. 1 to this part) or otherwise prohibited under the EAR, of commodities and software that were sent to the United States or to a foreign party for servicing and replacement of commodities and software ‘‘subject to the EAR’’ (see § 734.2(a) of the EAR) that are defective or that an end user or ultimate consignee has found unacceptable. * * * * * ■ 3. In § 740.20, add two new sentences after the second sentence and revise the last two sentences of paragraph (d)(2) to read as follows: 48661 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; Sec. 1503, Pub. L. 108–11, 117 Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential Determination 2003–23 of May 7, 2003, 68 FR 26459, May 16, 2003; Notice of August 7, 2014, 79 FR 46959 (Aug. 11, 2014); Notice of November 7, 2013, 78 FR 67289 (November 12, 2013). 5. In § 742.6, revise the first sentence of paragraph (b)(1) to read as follows: ■ § 742.6 Regional Stability. * * * * * (b) * * * (1) Applications for exports and reexports of 9x515 and ‘‘600 series’’ items will be reviewed on a case-by-case basis to determine whether the transaction is contrary to the national security or foreign policy interests of the United States, including the foreign policy interest of promoting the PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 [TD 9689] RIN 1545–BL52 Guidance Regarding Dispositions of Tangible Depreciable Property Internal Revenue Service (IRS), Treasury. ACTION: Final regulations and removal of temporary regulations. AGENCY: This document contains final regulations regarding dispositions of property subject to depreciation under section 168 of the Internal Revenue Code (Code) (Modified Accelerated Cost Recovery System (MACRS) property). The final regulations also amend the general asset account regulations and the accounting for MACRS property regulations. The final regulations provide rules for determining gain or loss upon the disposition of MACRS property, determining the asset disposed of, and accounting for partial dispositions of MACRS property. The final regulations affect taxpayers that dispose of MACRS property. The final SUMMARY: E:\FR\FM\18AUR1.SGM 18AUR1

Agencies

[Federal Register Volume 79, Number 159 (Monday, August 18, 2014)]
[Rules and Regulations]
[Pages 48660-48661]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19348]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740, 742, and 758

[Docket No. 140221165-4621-02]
RIN 0694-AG11


Corrections and Clarifications to the Export Administration 
Regulations; Correction

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; correcting amendments.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Industry and Security (BIS) is correcting 
certain provisions of the Export Administration Regulations that were 
amended by two final rules appearing in the Federal Register on June 5, 
2014 and on May 13, 2014. Both rules amended a number of the same 
provisions of the Export Administration Regulations, and certain 
language was either removed or changed inadvertently. This final rule 
corrects those provisions to accurately reflect the revisions made by 
both rules.

DATES: This rule is effective August 18, 2014.

FOR FURTHER INFORMATION CONTACT: Timothy Mooney, Regulatory Policy 
Division, Bureau of Industry and Security, Department of Commerce, 
Phone: (202) 482-2440, Fax: (202) 482-3355, Email: rpd2@bis.doc.gov.

SUPPLEMENTARY INFORMATION:

Background

    The Bureau of Industry and Security (BIS) publishes this final rule 
to make corrections to certain provisions of the Export Administration 
Regulations that were amended by two final rules appearing in the 
Federal Register on June 5, 2014 (79 FR 32612) and on May 13, 2014 (79 
FR 27417). These two rules were drafted and finalized simultaneously, 
however they separately revised some of the same provisions of the 
Export Administration Regulations and certain language was either 
removed or changed inadvertently. This final rule corrects those 
provisions to accurately reflect the revisions made by both rules. 
These corrections include reinserting two sentences inadvertently 
removed because of an incorrect instruction in the June 5 rule, and 
reinserting a phrase inadvertently removed by the May 13 rule, which 
did not reflect a correction made in a final rule published on October 
3, 2013 (78 FR 61745).

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, distribute 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 final rule, which is a consolidation of corrections 
and clarifications of final rules published in 2013 and 2014, has been 
determined to be not significant for purposes of Executive Order 12866.

[[Page 48661]]

    2. The Department of Commerce finds that there is good cause under 
5 U.S.C. 553(b)(B) to waive the provisions of the Administrative 
Procedure Act otherwise requiring prior notice and the opportunity for 
public comment because they are unnecessary. The revisions made by this 
rule are technical corrections to provisions that have already been 
subject to public notice and the opportunity to comment. These 
revisions in this rule are important to get in place as soon as 
possible to avoid confusion by the public regarding the intent and 
meaning of recent changes to the EAR. In addition, BIS finds good cause 
to waive the 30-day delay in effectiveness under 5 U.S.C. 553(d)(3). As 
mentioned previously, the revisions made by this rule are technical 
corrections that need to be in place as soon as possible to avoid 
confusion by the public regarding the intent and meaning of recent 
changes to the EAR.
    3. Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for these amendments 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.

List of Subjects

15 CFR Parts 740 and 758

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements.

15 CFR Part 742

    Exports, Terrorism.

    Accordingly, parts 740, 742 and 758 of the Export Administration 
Regulations (15 CFR parts 730-774) are corrected as follows:

PART 740--[AMENDED]

0
1. The authority citation for 15 CFR part 740 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. 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 7, 2014, 79 FR 46959 (Aug. 11, 2014).


0
2. In Sec.  740.10, revise paragraph (b)(1) to read as follows:


Sec.  740.10  License Exception Servicing and replacement of parts and 
equipment (RPL).

* * * * *
    (b) * * *
    (1) The provisions of this paragraph (b) authorize the export and 
reexport to any destination, except for 9x515 or ``600 series'' items 
to destinations identified in Country Group D:5 (see Supplement No. 1 
to this part) or otherwise prohibited under the EAR, of commodities and 
software that were sent to the United States or to a foreign party for 
servicing and replacement of commodities and software ``subject to the 
EAR'' (see Sec.  734.2(a) of the EAR) that are defective or that an end 
user or ultimate consignee has found unacceptable.
* * * * *

0
3. In Sec.  740.20, add two new sentences after the second sentence and 
revise the last two sentences of paragraph (d)(2) to read as follows:


Sec.  740.20  License Exception Strategic Trade Authorization (STA).

* * * * *
    (d) * * *
    (2) Prior Consignee Statement. One statement may be used for 
multiple shipments of the same items between the same parties so long 
as the party names, the description(s) of the item(s), and the ECCNs 
are correct. The exporter, reexporter, and transferor must maintain a 
log or other record that identifies each shipment made pursuant to this 
section and the specific consignee statement that is associated with 
each shipment. Paragraph (d)(2)(viii) is also required for transactions 
including 9x515 items.
    [INSERT NAME OF CONSIGNEE]:
* * * * *

PART 742--[AMENDED]

0
4. The authority citation for 15 CFR part 742 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; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12058, 
43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 
CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., 
p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential 
Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; 
Notice of August 7, 2014, 79 FR 46959 (Aug. 11, 2014); Notice of 
November 7, 2013, 78 FR 67289 (November 12, 2013).


0
5. In Sec.  742.6, revise the first sentence of paragraph (b)(1) to 
read as follows:


Sec.  742.6  Regional Stability.

* * * * *
    (b) * * * (1) Applications for exports and reexports of 9x515 and 
``600 series'' items will be reviewed on a case-by-case basis to 
determine whether the transaction is contrary to the national security 
or foreign policy interests of the United States, including the foreign 
policy interest of promoting the observance of human rights throughout 
the world. * * *
* * * * *

PART 758--[AMENDED]

0
6. The authority citation for part 758 is revised 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 
7, 2014, 79 FR 46959 (Aug. 11, 2014).

0
7. In section 758.1, revise paragraph (b)(3) to read as follows:


Sec.  758.1  The Electronic Export Information (EEI) filing to the 
Automated Export System (AES).

* * * * *
    (b) * * *
    (3) For all exports of 9x515 or ``600 series'' items enumerated or 
otherwise described in paragraphs .a through .x of a 9x515 or ``600 
series'' ECCN regardless of value or destination, including exports to 
Canada;
* * * * *

    Dated: August 11, 2014.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2014-19348 Filed 8-15-14; 8:45 am]
BILLING CODE 3510-33-P