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]
=======================================================================
-----------------------------------------------------------------------
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