Commerce Control List: Removal of Certain Nuclear Nonproliferation (NP) Column 2 Controls, 8893-8894 [2017-02164]
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8893
Rules and Regulations
Federal Register
Vol. 82, No. 20
Wednesday, February 1, 2017
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 160718621–7125–02]
RIN 0694–AH04
Commerce Control List: Removal of
Certain Nuclear Nonproliferation (NP)
Column 2 Controls
Bureau of Industry and
Security, Commerce.
ACTION: Final rule; delay of
implementation date.
AGENCY:
In accordance with the
memorandum of January 20, 2017, from
the Assistant to the President and Chief
of Staff, entitled ‘‘Regulatory Freeze
Pending Review,’’ published in the
Federal Register on January 24, 2017
(the Memorandum), this action
temporarily delays the implementation
date of one revision implemented by the
final rule entitled ‘‘Commerce Control
List: Removal of Certain Nuclear
Nonproliferation (NP) Column 2
Controls’’ published by the Bureau of
Industry and Security (BIS) in the
Federal Register on November 25, 2016.
The final rule amended the Export
Administration Regulations (EAR) to
remove nuclear nonproliferation (NP)
Column 2 license requirements from
certain pressure tubes, pipes, fittings,
pipe valves, pumps, numerically
controlled machine tools, oscilloscopes,
and transient recorders on the
Commerce Control List (CCL).
DATES: This rule is effective January 31,
2017. ‘‘Software’’ ‘‘specially designed’’
for the ‘‘development,’’ ‘‘production,’’ or
‘‘use’’ of items previously controlled
under ECCN 3A292, as discussed in the
final rule published in the Federal
Register of November 25, 2016 (81 FR
85138), will continue to be classified
and licensed by BIS under the
pmangrum on DSK3GDR082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:00 Jan 31, 2017
Jkt 241001
designation EAR99 through a delayed
date of March 21, 2017. As of March 22,
2017, such ‘‘software’’ will be classified
and licensed by BIS under ECCN 3D991.
FOR FURTHER INFORMATION CONTACT:
Steven Clagett, Director, Nuclear and
Missile Technology Controls Division,
Office of Nonproliferation and Treaty
Compliance, Bureau of Industry and
Security, Telephone: (202) 482–1641.
SUPPLEMENTARY INFORMATION:
Background
On November 25, 2016, the Bureau of
Industry and Security (BIS) published a
final rule entitled ‘‘Commerce Control
List: Removal of Certain Nuclear
Nonproliferation (NP) Column 2
Controls’’ (81 FR 85138) to amend the
Export Administration Regulations
(EAR) to remove nuclear
nonproliferation (NP) Column 2 license
requirements from certain pressure
tubes, pipes, fittings, pipe valves,
pumps, numerically controlled machine
tools, oscilloscopes, and transient
recorders on the Commerce Control List
(CCL). These changes were intended to
revise the EAR controls on these items
by making them more consistent with
the export controls of other countries
that manufacture these items and that,
together with the United States, are
participating countries in the Nuclear
Suppliers Group (NSG). As a result of
the changes made by this rule, some of
these items were no longer listed under
an Export Control Classification Number
(ECCN) on the CCL. However, such
items remain subject to the EAR under
the designation EAR99. This rule also
created four new ECCNs to maintain
anti-terrorism (AT) controls on certain
affected commodities and related
‘‘software’’ and ‘‘technology.’’ All items
subject to the EAR, regardless of
whether they are listed on the CCL, may
require a license for reasons described
elsewhere in the EAR (e.g., license
requirements based on end-user/end-use
controls, embargoes, or other special
controls).
All but one of the changes made by
this rule were implemented on the date
of publication, November 25, 2016. A
consequence of the amendment of ECCN
3A992 to add certain oscilloscopes and
transient recorders under new
paragraphs 3A992.d through .g, was that
ECCN 3D991, which includes certain
‘‘software’’ for general purpose
electronic equipment described in
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
ECCN 3A992, then also controlled
‘‘software’’ for the ‘‘development,’’
‘‘production,’’ or ‘‘use’’ of the
oscilloscopes and transient recorders
described in new 3A992.d through .g.
Such ‘‘software’’ had been classified and
licensed by BIS under the designation
EAR99, and its classification under
3D991 imposed a foreign policy control
on the ‘‘software’’ for anti-terrorism
reasons. BIS must notify Congress before
imposing such a control. This
modification in the application of
foreign policy controls under the EAR
was addressed in BIS’s ‘‘2017 Report on
Foreign Policy-Based Export Controls,’’
submitted to the Congress in January
2017. Therefore, the November 25 rule
delayed the implementation of this
control through January 31, 2017.
Effective February 1, 2017, such
‘‘software’’ would have been classified
and licensed by BIS under ECCN 3D991
and would have required a license to
destinations indicated under AntiTerrorism (AT) Column 1 on the
Commerce Country Chart.
Provisions of This Action
This action delays the
implementation date of the imposition
of anti-terrorism controls on ‘‘software’’
‘‘specially designed’’ for the
‘‘development,’’ ‘‘production,’’ or ‘‘use’’
of items previously controlled under
ECCN 3A292 but reclassified by the
November 25 rule. Such ‘‘software’’ had
been classified and licensed by BIS
under the designation EAR99; as a result
of the November 25 rule, it will be
classified and licensed by BIS under
ECCN 3D991. The implementation date
of this change had been January 31,
2017, but this action delays the
implementation date to March 21, 2017.
This action is issued in accordance with
the Memorandum that required
temporary postponement of rules that
have been published in the Federal
Register but have not yet taken effect,
for 60 days from the date of the
Memorandum for the purpose of
reviewing questions of fact, law, and
policy.
Determination of Exemption From
Notice and Comment
To the extent that the requirements of
5 U.S.C. 553 apply to this action, there
is good cause to exempt this action from
notice and comment pursuant to 5
U.S.C. 553(b)(B). BIS is delaying the
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01FER1
8894
Federal Register / Vol. 82, No. 20 / Wednesday, February 1, 2017 / Rules and Regulations
effective date for this action to give DOC
officials the opportunity to further
review and consider the revision,
consistent with the Memorandum. The
rule published November 25 containing
the revision was exempt from notice
and comment because it involved a
military and foreign affairs function of
the United States (See 5 U.S.C.
553(a)(1)). Given the imminence of the
new effective date, seeking prior public
comment on this temporary delay
would be impractical, unnecessary, and
also contrary to the public interest in
the orderly promulgation and
implementation of regulations.
Dated: January 27, 2017.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2017–02164 Filed 1–31–17; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 1105
[Docket No. FDA–2016–N–1555]
Refuse To Accept Procedures for
Premarket Tobacco Product
Submissions; Revised Effective Date
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule; delay of effective
date.
In accordance with the
memorandum of January 20, 2017, from
the Assistant to the President and Chief
of Staff, entitled ‘‘Regulatory Freeze
Pending Review,’’ this action revises the
effective date of the final rule (‘‘Refuse
to Accept Procedures for Premarket
Tobacco Product Submissions’’)
published December 29, 2016, from
January 30, 2017, until March 21, 2017.
DATES: The effective date of the rule that
published on December 29, 2016, at 81
FR 95863, is delayed until March 21,
2017.
SUMMARY:
pmangrum on DSK3GDR082PROD with RULES
FOR FURTHER INFORMATION CONTACT:
Center for Tobacco Products, Food and
Drug Administration, 10903 New
Hampshire Ave., Document Control
Center, Bldg. 71, Rm. G335, Silver
Spring, MD 20993–0002, email:
AskCTP@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: On
December 29, 2016, the Food and Drug
Administration (FDA or Agency) issued
a final rule describing when FDA will
refuse to accept a tobacco product
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15:00 Jan 31, 2017
Jkt 241001
submission (or application) because the
application has not met a minimum
threshold for acceptability for FDA
review (81 FR 95863). Under the rule,
FDA will refuse to accept a tobacco
product submission, for example, that is
not in English, does not pertain to a
tobacco product, or does not identify the
type of submission. The rule was
published with an effective date of
January 30, 2017.
FDA bases this action on the
memorandum of January 20, 2017 (82
FR 8346), from the Assistant to the
President and Chief of Staff, entitled
‘‘Regulatory Freeze Pending Review.’’
That memorandum directed the heads
of Executive Departments and Agencies
to temporarily postpone for 60 days
from the date of the memorandum the
effective dates of all regulations that had
been published in the Federal Register
but had not yet taken effect, for the
purpose of ‘‘reviewing questions of fact,
law, and policy they raise.’’ FDA,
therefore, is revising the effective date of
the rule that published on December 29,
2016 (81 FR 95863), to March 21, 2017.
To the extent that 5 U.S.C. 553 applies
to this action, it is exempt from notice
and comment because it constitutes a
rule of procedure under 5 U.S.C.
553(b)(A). Alternatively, the Agency’s
implementation of this action without
opportunity for public comment,
effective immediately upon publication
today in the Federal Register, is based
on the good cause exceptions in 5 U.S.C.
553(b)(B) and (d)(3). Seeking public
comment is impracticable, unnecessary,
and contrary to the public interest. The
temporary delay in the effective date
until March 21, 2017, is necessary to
give Agency officials the opportunity for
further review and consideration of the
new regulation, consistent with the
memorandum described previously.
Given the imminence of the effective
date and the brief length of the
extension of the effective date, seeking
prior public comment on this temporary
delay would have been impracticable, as
well as contrary to the public interest in
the orderly promulgation and
implementation of regulations.1 FDA
also believes that affected entities need
to be informed as soon as possible of the
extension and its length in order to plan
and adjust their implementation process
accordingly.
1 In the event that this rule does not publish on
or before January 30, 2017, good cause similarly
exists to stay the effectiveness of the rule published
December 29, 2016, and revise its effective date
until March 21, 2017.
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
Dated: January 27, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017–02174 Filed 1–30–17; 11:15 am]
BILLING CODE 4164–01–P
DEPARTMENT OF JUSTICE
28 CFR Part 31
[Docket No.: OJP (OJJDP) 1719E]
RIN 1121–AA83
Juvenile Justice and Delinquency
Prevention Act Formula Grant Program
Office of Justice Programs,
Department of Justice.
ACTION: Final rule; delay of effective
date.
AGENCY:
On January 17, 2017, the
Office of Juvenile Justice and
Delinquency Prevention (‘‘OJJDP’’) of
the U.S. Department of Justice’s Office
of Justice Programs (‘‘OJP’’), published a
partial final rule to amend portions of
the formula grant program (‘‘Formula
Grant Program’’) regulation to reflect
changes in OJJDP policy. That rule is
scheduled to become effective February
16, 2017.
In accordance with the memorandum
of January 20, 2017, from the Assistant
to the President and Chief of Staff,
entitled ‘‘Regulatory Freeze Pending
Review,’’ this action hereby temporarily
delays the effective date of the final rule
entitled ‘‘Juvenile Justice and
Delinquency Prevention Act Formula
Grant Program’’ until March 21, 2017
(which is 60 days from January 20,
2017). This temporary delay will allow
Department of Justice officials an
opportunity to review any potential
questions of fact, law and policy raised
by this regulation, consistent with the
Chief of Staff’s memorandum of January
20, 2017.
DATES: This rule is effective February 1,
2017. The effective date of the final rule
amending 28 CFR part 31 published in
the Federal Register on January 17,
2017, at 82 FR 4783, is delayed to March
21, 2017.
FOR FURTHER INFORMATION CONTACT: Mr.
Gregory Thompson, Senior Advisor,
Office of Juvenile Justice and
Delinquency Prevention, at 202–307–
5911.
SUMMARY:
The OJJDP
Formula Grant Program is authorized by
the Juvenile Justice and Delinquency
Prevention Act (‘‘JJDPA’’). The JJDPA
authorizes OJJDP to provide an annual
grant to each State to improve its
juvenile justice system and to support
SUPPLEMENTARY INFORMATION:
E:\FR\FM\01FER1.SGM
01FER1
]]>Agencies
[Federal Register Volume 82, Number 20 (Wednesday, February 1, 2017)]
[Rules and Regulations]
[Pages 8893-8894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02164]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 82, No. 20 / Wednesday, February 1, 2017 /
Rules and Regulations
[[Page 8893]]
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 160718621-7125-02]
RIN 0694-AH04
Commerce Control List: Removal of Certain Nuclear
Nonproliferation (NP) Column 2 Controls
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule; delay of implementation date.
-----------------------------------------------------------------------
SUMMARY: In accordance with the memorandum of January 20, 2017, from
the Assistant to the President and Chief of Staff, entitled
``Regulatory Freeze Pending Review,'' published in the Federal Register
on January 24, 2017 (the Memorandum), this action temporarily delays
the implementation date of one revision implemented by the final rule
entitled ``Commerce Control List: Removal of Certain Nuclear
Nonproliferation (NP) Column 2 Controls'' published by the Bureau of
Industry and Security (BIS) in the Federal Register on November 25,
2016. The final rule amended the Export Administration Regulations
(EAR) to remove nuclear nonproliferation (NP) Column 2 license
requirements from certain pressure tubes, pipes, fittings, pipe valves,
pumps, numerically controlled machine tools, oscilloscopes, and
transient recorders on the Commerce Control List (CCL).
DATES: This rule is effective January 31, 2017. ``Software''
``specially designed'' for the ``development,'' ``production,'' or
``use'' of items previously controlled under ECCN 3A292, as discussed
in the final rule published in the Federal Register of November 25,
2016 (81 FR 85138), will continue to be classified and licensed by BIS
under the designation EAR99 through a delayed date of March 21, 2017.
As of March 22, 2017, such ``software'' will be classified and licensed
by BIS under ECCN 3D991.
FOR FURTHER INFORMATION CONTACT: Steven Clagett, Director, Nuclear and
Missile Technology Controls Division, Office of Nonproliferation and
Treaty Compliance, Bureau of Industry and Security, Telephone: (202)
482-1641.
SUPPLEMENTARY INFORMATION:
Background
On November 25, 2016, the Bureau of Industry and Security (BIS)
published a final rule entitled ``Commerce Control List: Removal of
Certain Nuclear Nonproliferation (NP) Column 2 Controls'' (81 FR 85138)
to amend the Export Administration Regulations (EAR) to remove nuclear
nonproliferation (NP) Column 2 license requirements from certain
pressure tubes, pipes, fittings, pipe valves, pumps, numerically
controlled machine tools, oscilloscopes, and transient recorders on the
Commerce Control List (CCL). These changes were intended to revise the
EAR controls on these items by making them more consistent with the
export controls of other countries that manufacture these items and
that, together with the United States, are participating countries in
the Nuclear Suppliers Group (NSG). As a result of the changes made by
this rule, some of these items were no longer listed under an Export
Control Classification Number (ECCN) on the CCL. However, such items
remain subject to the EAR under the designation EAR99. This rule also
created four new ECCNs to maintain anti-terrorism (AT) controls on
certain affected commodities and related ``software'' and
``technology.'' All items subject to the EAR, regardless of whether
they are listed on the CCL, may require a license for reasons described
elsewhere in the EAR (e.g., license requirements based on end-user/end-
use controls, embargoes, or other special controls).
All but one of the changes made by this rule were implemented on
the date of publication, November 25, 2016. A consequence of the
amendment of ECCN 3A992 to add certain oscilloscopes and transient
recorders under new paragraphs 3A992.d through .g, was that ECCN 3D991,
which includes certain ``software'' for general purpose electronic
equipment described in ECCN 3A992, then also controlled ``software''
for the ``development,'' ``production,'' or ``use'' of the
oscilloscopes and transient recorders described in new 3A992.d through
.g. Such ``software'' had been classified and licensed by BIS under the
designation EAR99, and its classification under 3D991 imposed a foreign
policy control on the ``software'' for anti-terrorism reasons. BIS must
notify Congress before imposing such a control. This modification in
the application of foreign policy controls under the EAR was addressed
in BIS's ``2017 Report on Foreign Policy-Based Export Controls,''
submitted to the Congress in January 2017. Therefore, the November 25
rule delayed the implementation of this control through January 31,
2017. Effective February 1, 2017, such ``software'' would have been
classified and licensed by BIS under ECCN 3D991 and would have required
a license to destinations indicated under Anti-Terrorism (AT) Column 1
on the Commerce Country Chart.
Provisions of This Action
This action delays the implementation date of the imposition of
anti-terrorism controls on ``software'' ``specially designed'' for the
``development,'' ``production,'' or ``use'' of items previously
controlled under ECCN 3A292 but reclassified by the November 25 rule.
Such ``software'' had been classified and licensed by BIS under the
designation EAR99; as a result of the November 25 rule, it will be
classified and licensed by BIS under ECCN 3D991. The implementation
date of this change had been January 31, 2017, but this action delays
the implementation date to March 21, 2017. This action is issued in
accordance with the Memorandum that required temporary postponement of
rules that have been published in the Federal Register but have not yet
taken effect, for 60 days from the date of the Memorandum for the
purpose of reviewing questions of fact, law, and policy.
Determination of Exemption From Notice and Comment
To the extent that the requirements of 5 U.S.C. 553 apply to this
action, there is good cause to exempt this action from notice and
comment pursuant to 5 U.S.C. 553(b)(B). BIS is delaying the
[[Page 8894]]
effective date for this action to give DOC officials the opportunity to
further review and consider the revision, consistent with the
Memorandum. The rule published November 25 containing the revision was
exempt from notice and comment because it involved a military and
foreign affairs function of the United States (See 5 U.S.C. 553(a)(1)).
Given the imminence of the new effective date, seeking prior public
comment on this temporary delay would be impractical, unnecessary, and
also contrary to the public interest in the orderly promulgation and
implementation of regulations.
Dated: January 27, 2017.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2017-02164 Filed 1-31-17; 8:45 am]
BILLING CODE 3510-33-P
