Leasing of Sulfur or Oil and Gas in the Outer Continental Shelf MMAA104000, 70357-70358 [2016-24586]
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Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Rules and Regulations
drive electronics, and frequency
converters, specially designed for laser
systems controlled in this category;
(22) Two-dimensional infrared scene
projector emitter arrays (i.e., resistive
arrays) specially designed for infrared
scene generators controlled in USML
Category IX(a)(10);
* (23) Any part, component,
accessory, attachment, or associated
equipment, that:
(i) Is classified;
(ii) Contains classified software;
(iii) Is manufactured using classified
production data; or
(iv) Is being developed using
classified information.
Note to paragraph (e)(23): ‘‘Classified’’
means classified pursuant to Executive Order
13526, or predecessor order, and a security
classification guide developed pursuant
thereto or equivalent, or to the corresponding
classification rules of another government.
(24) Developmental image intensifier
tubes, focal plane arrays, read-outintegrated circuits, accelerometers,
gyroscopes, angular rate sensors, and
inertial measurement units funded by
the Department of Defense (MT if
designed or modified for rockets,
missiles, SLVs, drones, or unmanned
aerial vehicle systems capable of a range
equal to or greater than 300 km).
Note 1 to paragraph (e)(24): This
paragraph does not control items: (a) In
production, (b) determined to be subject to
the EAR via a Commodity Jurisdiction
determination (see § 120.4 of this
subchapter), or (c) identified in the relevant
Department of Defense contract or other
funding authorization as being developed for
both civil and military applications.
Note 2 to paragraph (e)(24): Note 1 does
not apply to defense articles enumerated on
the U.S. Munitions List, whether in
production or development.
mstockstill on DSK3G9T082PROD with RULES
Note 3 to paragraph (e)(24): This provision
is applicable to those contracts or other
funding authorizations that are dated October
12, 2017 or later.
(f) Technical data (see § 120.10) and
defense services (see § 120.9) directly
related to the defense articles described
in paragraphs (a) through (e) of this
category and classified technical data
directly related to items controlled in
ECCNs 7A611, 7B611, and 7D611. (See
§ 125.4 for exemptions.) (MT for
technical data and defense services
related to articles designated as such.)
(g)–(w) [Reserved]
(x) Commodities, software, and
technology subject to the EAR (see
§ 120.42 of this subchapter) used in or
with defense articles controlled in this
category.
Note to paragraph (x): Use of this
paragraph is limited to license applications
VerDate Sep<11>2014
16:05 Oct 11, 2016
Jkt 241001
for defense articles controlled in this category
where the purchase documentation includes
commodities, software, or technology subject
to the EAR (see § 123.1(b) of this subchapter).
Note to Category XII: For purposes of
paragraphs (b)(6), (c)(1)(iii), (c)(3), (c)(4)(ii),
(c)(5), (c)(6)(viii)(b), and (c)(7)(ii) of this
category, a ‘‘military end user’’ means the
national armed services (army, navy, marine,
air force, or coast guard), national guard,
national police, government intelligence or
reconnaissance organizations, or any person
or entity whose actions or functions are
intended to support military end uses. A
system or end item is not specially designed
for a military end user if the item was
developed with knowledge that it is or would
be for use by both military end users and
non-military end users, or if the item was or
is being developed with no knowledge of use
by a particular end user. For the purpose of
conducting a self-determination of
jurisdiction, documents contemporaneous
with the development must establish such
knowledge. For the purpose of a Commodity
Jurisdiction determination, the government
may base a determination on postdevelopment information that evidences
such knowledge or is otherwise consistent
with § 120.4 of this subchapter.
*
*
*
*
*
Rose E. Gottemoeller,
Under Secretary, Arms Control and
International Security, Department of State.
[FR Doc. 2016–24225 Filed 10–11–16; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
30 CFR Parts 550, 556, 559 and 560
RIN 1010–AD06
[Docket ID: BOEM–2016–0031]
Leasing of Sulfur or Oil and Gas in the
Outer Continental Shelf MMAA104000
Bureau of Ocean Energy
Management (BOEM), Interior.
ACTION: Final rule.
AGENCY:
This final rule clarifies the
language in one section of a final rule
that the Bureau of Ocean Energy
Management (BOEM) published in the
Federal Register on March 30, 2016,
and that became effective on May 31,
2016.
SUMMARY:
DATES:
Effective November 14, 2016.
FOR FURTHER INFORMATION CONTACT:
Robert Sebastian, Office of Policy,
Regulation and Analysis at (504) 736–
2761 or email at robert.sebastian@
boem.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
70357
I. Background
On March 30, 2016, BOEM published
in the Federal Register (81 FR 18111),
a final rule entitled Leasing of Sulfur or
Oil and Gas in the Outer Continental
Shelf, (leasing rule) which updated and
streamlined the Outer Continental Shelf
(OCS) oil and gas and sulfur leasing
regulations, and became effective on
May 31, 2016. On May 24, 2016, BOEM
published a proposed rule to revise the
leasing rule in order to clarify the
language in one definition in Part 556 of
that rule (81 FR 32694). In this final
rule, BOEM amends 30 CFR 556.105 to
revise that definition.
II. Analysis
Section 556.105 Acronyms and
Definitions
The term ‘‘You’’ was defined in
Section 556.105 of the leasing rule by
providing a list of categories of persons
to whom the term applies. The
definition also included an introductory
sentence to clarify that some persons
not yet in a legal relationship with
BOEM were affected by portions of Part
556. That definition read as follows:
‘‘You means any party that has, or may
have, legal obligations to the Federal
government with respect to any
operations on the OCS in which it is or
may become involved. Depending on
the context of the regulation, the term
‘‘you’’ may include a lessee (record title
owner), an operating rights owner, a
designated operator or agent of the
lessee, a predecessor lessee, a holder of
a State or Federal RUE, or a pipeline
ROW holder.’’
The first sentence of that definition,
by its reference to operations, might
have caused confusion as to who is
considered to be subject to the
regulations in Part 556. Therefore,
BOEM published a proposed rule and
solicited public comments on its
proposal to change the wording of the
definition. In order to clarify the
meaning of the definition, BOEM
proposed to remove the introductory
sentence of the definition and add
specific references to: a bidder; a
prospective bidder; and an applicant
seeking to become an assignee of record
title or operating rights. Those changes
clarified the categories of persons who
(depending on the context of the
regulations) must comply with certain
sections of Part 556, without the
ambiguity of the definition as it was
stated in the leasing rule.
BOEM also proposed to clarify the
term ‘‘a holder of a State or Federal
RUE’’ contained in the definition. A
RUE is not correctly described as being
‘‘State’’ or ‘‘Federal.’’ Rather, a RUE
E:\FR\FM\12OCR1.SGM
12OCR1
70358
Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Rules and Regulations
should be described on the basis of
whether it is granted in order to service
or support either a State or a Federal
lease. Therefore, a holder of a RUE (the
person to whom the RUE is granted) is
correctly referred to as a ‘‘RUE holder
for a State or Federal lease.’’
Dated: September 9, 2016.
Amanda C. Leiter,
Acting Assistant Secretary—Land and
Minerals Management.
III. Final Rule and Response to
Comments
PART 556—LEASING OF SULFUR OR
OIL AND GAS AND BONDING
REQUIREMENTS IN THE OUTER
CONTINENTAL SHELF
BOEM received two comments on the
proposed rule. One of those comments
was non-substantive, while the other
commended BOEM for its efforts to
update and streamline the OCS oil and
gas and sulfur leasing regulations,
including the clarification at issue in
this rulemaking. Neither comment
recommended any changes to the
proposed rule’s definition of ‘‘you.’’ As
a result, neither comment resulted in
any changes to the proposed rule.
Therefore, the final rule incorporates the
exact wording of the proposed rule’s
definition of ‘‘you’’ into Section
556.105.
As amended, the definition of ‘‘you’’
in Section 556.105 will read: ‘‘You,
depending on the context of the
regulations, means a bidder, a
prospective bidder, a lessee (record title
owner), an operating rights owner, an
applicant seeking to become an assignee
of record title or operating rights, a
designated operator or agent of the
lessee, a predecessor lessee, a RUE
holder for a State or Federal lease, or a
pipeline ROW holder.’’
IV. Procedural Requirements
Section V, Legal and Regulatory
Analyses, of the leasing rule issued on
March 30, 2016 (81 FR 18145),
summarizes BOEM’s analyses of the rule
pursuant to applicable statutes and
executive orders. This amendment to
that rule would not change any
conclusion described in that section,
because the amendment is only
intended to clarify the meaning of one
definition in one provision of the
regulatory text in the leasing rule and
would not require any additional
actions by either BOEM or the regulated
community. Therefore, no additional
analysis is necessary.
mstockstill on DSK3G9T082PROD with RULES
List of Subjects in 30 CFR Part 556
Administrative practice and
procedure, Continental shelf,
Environmental protection, Federal
lands, Government contracts,
Intergovernmental relations, Oil and gas
exploration, Outer continental shelf,
Mineral resources, Reporting and
recordkeeping requirements.
VerDate Sep<11>2014
16:05 Oct 11, 2016
Jkt 241001
For the reasons stated in the
preamble, BOEM amends 30 CFR part
556 as follows:
1. The authority citation for part 556
continues to read as follows:
■
Authority: 30 U.S.C. 1701 note, 30 U.S.C.
1711, 31 U.S.C. 9701, 42 U.S.C. 6213, 43
U.S.C. 1331 note, 43 U.S.C. 1334, 43 U.S.C.
1801–1802.
2. Revise § 556.105 to amend the
definition of ‘‘you’’ to read as follows:
■
§ 556.105
Acronyms and definitions.
*
*
*
*
*
You, depending on the context of the
regulations, means a bidder, a
prospective bidder, a lessee (record title
owner), an operating rights owner, an
applicant seeking to become an assignee
of record title or operating rights, a
designated operator or agent of the
lessee, a predecessor lessee, a RUE
holder for a State or Federal lease, or a
pipeline ROW holder.
*
*
*
*
*
[FR Doc. 2016–24586 Filed 10–11–16; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0845]
RIN 1625–AA00
Safety Zone; Tennessee River,
Knoxville, TN, MM TNR 646.9–647.1
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all waters of the Tennessee River
beginning at mile marker 646.9 and
ending at mile marker 647.1, extending
bank to bank. This temporary safety
zone is necessary to protect persons and
property from potential damage and
safety hazard during fireworks displays
on or over the navigable waterway.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Ohio Valley or a designated
representative.
SUMMARY:
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
This rule is effective without
actual notice from October 12, 2016
until November 19, 2016. For the
purposes of enforcement, actual notice
will be used from September 1, 2016
until October 12, 2016.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0845 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
If
you have questions on this rule, call or
email Petty Officer Ashley Schad, MSD
Nashville, Nashville, TN, at 615–736–
5421 or at Ashley.M.Schad@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
event sponsor submitted the event
application on August 9, 2016. This late
submission did not give the Coast Guard
enough time to complete the full NPRM
process. It is impracticable to publish an
NPRM because we must establish this
safety zone by September 1, 2016.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making it
effective less than 30 days after
publication in the Federal Register.
Delaying this rule would be contrary to
public interest of ensuring the safety of
spectators and vessels during the event.
Immediate action is necessary to
prevent possible loss of life and
property during the hazards created by
a barge-based fireworks display near
and over the navigable waterway.
E:\FR\FM\12OCR1.SGM
12OCR1
]]>Agencies
[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)]
[Rules and Regulations]
[Pages 70357-70358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24586]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
30 CFR Parts 550, 556, 559 and 560
RIN 1010-AD06
[Docket ID: BOEM-2016-0031]
Leasing of Sulfur or Oil and Gas in the Outer Continental Shelf
MMAA104000
AGENCY: Bureau of Ocean Energy Management (BOEM), Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule clarifies the language in one section of a
final rule that the Bureau of Ocean Energy Management (BOEM) published
in the Federal Register on March 30, 2016, and that became effective on
May 31, 2016.
DATES: Effective November 14, 2016.
FOR FURTHER INFORMATION CONTACT: Robert Sebastian, Office of Policy,
Regulation and Analysis at (504) 736-2761 or email at
robert.sebastian@boem.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 30, 2016, BOEM published in the Federal Register (81 FR
18111), a final rule entitled Leasing of Sulfur or Oil and Gas in the
Outer Continental Shelf, (leasing rule) which updated and streamlined
the Outer Continental Shelf (OCS) oil and gas and sulfur leasing
regulations, and became effective on May 31, 2016. On May 24, 2016,
BOEM published a proposed rule to revise the leasing rule in order to
clarify the language in one definition in Part 556 of that rule (81 FR
32694). In this final rule, BOEM amends 30 CFR 556.105 to revise that
definition.
II. Analysis
Section 556.105 Acronyms and Definitions
The term ``You'' was defined in Section 556.105 of the leasing rule
by providing a list of categories of persons to whom the term applies.
The definition also included an introductory sentence to clarify that
some persons not yet in a legal relationship with BOEM were affected by
portions of Part 556. That definition read as follows: ``You means any
party that has, or may have, legal obligations to the Federal
government with respect to any operations on the OCS in which it is or
may become involved. Depending on the context of the regulation, the
term ``you'' may include a lessee (record title owner), an operating
rights owner, a designated operator or agent of the lessee, a
predecessor lessee, a holder of a State or Federal RUE, or a pipeline
ROW holder.''
The first sentence of that definition, by its reference to
operations, might have caused confusion as to who is considered to be
subject to the regulations in Part 556. Therefore, BOEM published a
proposed rule and solicited public comments on its proposal to change
the wording of the definition. In order to clarify the meaning of the
definition, BOEM proposed to remove the introductory sentence of the
definition and add specific references to: a bidder; a prospective
bidder; and an applicant seeking to become an assignee of record title
or operating rights. Those changes clarified the categories of persons
who (depending on the context of the regulations) must comply with
certain sections of Part 556, without the ambiguity of the definition
as it was stated in the leasing rule.
BOEM also proposed to clarify the term ``a holder of a State or
Federal RUE'' contained in the definition. A RUE is not correctly
described as being ``State'' or ``Federal.'' Rather, a RUE
[[Page 70358]]
should be described on the basis of whether it is granted in order to
service or support either a State or a Federal lease. Therefore, a
holder of a RUE (the person to whom the RUE is granted) is correctly
referred to as a ``RUE holder for a State or Federal lease.''
III. Final Rule and Response to Comments
BOEM received two comments on the proposed rule. One of those
comments was non-substantive, while the other commended BOEM for its
efforts to update and streamline the OCS oil and gas and sulfur leasing
regulations, including the clarification at issue in this rulemaking.
Neither comment recommended any changes to the proposed rule's
definition of ``you.'' As a result, neither comment resulted in any
changes to the proposed rule. Therefore, the final rule incorporates
the exact wording of the proposed rule's definition of ``you'' into
Section 556.105.
As amended, the definition of ``you'' in Section 556.105 will read:
``You, depending on the context of the regulations, means a bidder, a
prospective bidder, a lessee (record title owner), an operating rights
owner, an applicant seeking to become an assignee of record title or
operating rights, a designated operator or agent of the lessee, a
predecessor lessee, a RUE holder for a State or Federal lease, or a
pipeline ROW holder.''
IV. Procedural Requirements
Section V, Legal and Regulatory Analyses, of the leasing rule
issued on March 30, 2016 (81 FR 18145), summarizes BOEM's analyses of
the rule pursuant to applicable statutes and executive orders. This
amendment to that rule would not change any conclusion described in
that section, because the amendment is only intended to clarify the
meaning of one definition in one provision of the regulatory text in
the leasing rule and would not require any additional actions by either
BOEM or the regulated community. Therefore, no additional analysis is
necessary.
List of Subjects in 30 CFR Part 556
Administrative practice and procedure, Continental shelf,
Environmental protection, Federal lands, Government contracts,
Intergovernmental relations, Oil and gas exploration, Outer continental
shelf, Mineral resources, Reporting and recordkeeping requirements.
Dated: September 9, 2016.
Amanda C. Leiter,
Acting Assistant Secretary--Land and Minerals Management.
For the reasons stated in the preamble, BOEM amends 30 CFR part 556
as follows:
PART 556--LEASING OF SULFUR OR OIL AND GAS AND BONDING REQUIREMENTS
IN THE OUTER CONTINENTAL SHELF
0
1. The authority citation for part 556 continues to read as follows:
Authority: 30 U.S.C. 1701 note, 30 U.S.C. 1711, 31 U.S.C. 9701,
42 U.S.C. 6213, 43 U.S.C. 1331 note, 43 U.S.C. 1334, 43 U.S.C. 1801-
1802.
0
2. Revise Sec. 556.105 to amend the definition of ``you'' to read as
follows:
Sec. 556.105 Acronyms and definitions.
* * * * *
You, depending on the context of the regulations, means a bidder, a
prospective bidder, a lessee (record title owner), an operating rights
owner, an applicant seeking to become an assignee of record title or
operating rights, a designated operator or agent of the lessee, a
predecessor lessee, a RUE holder for a State or Federal lease, or a
pipeline ROW holder.
* * * * *
[FR Doc. 2016-24586 Filed 10-11-16; 8:45 am]
BILLING CODE 4310-MR-P
