Report to Congress Pursuant to Section 1245(e) of the National Defense Authorization Act for Fiscal Year 2013 (FY13 NDAA), 66265-66266 [2019-26070]

Download as PDF Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Notices Dated: November 27, 2019. Naomi Sipple, Reports Clearance Officer, Social Security Administration. [FR Doc. 2019–26148 Filed 12–2–19; 8:45 am] BILLING CODE 4191–02–P DEPARTMENT OF STATE [Public Notice: 10958] Report to Congress Pursuant to Section 1245(e) of the National Defense Authorization Act for Fiscal Year 2013 (FY13 NDAA) ACTION: Notice of report. On general issues: Rachael Jagielski, Office of Counterproliferation Initiatives, Department of State, Tel: (202) 647– 5193. lotter on DSKBCFDHB2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Report (October 29, 2019) Section 1245(e) of the FY13 NDAA, known as the Iran Freedom and Counter-Proliferation Act of 2012 (IFCA), as delegated, requires that the Secretary of State, in consultation with the Secretary of the Treasury, determine (1) whether Iran is (A) using any of the materials described in subsection (d) of Section 1245 of IFCA as a medium for barter, swap, or any other exchange or transaction, or (B) listing any of such materials as assets of the Government of Iran for purposes of the national balance sheet of Iran; (2) which sectors of the economy of Iran are controlled directly or indirectly by Iran’s Islamic Revolutionary Guard Corps (IRGC); and (3) which of the materials described in subsection (d) are used in connection with the nuclear, military, or ballistic missile programs of Iran. Materials described in subsection (d) of Section 1245 are graphite, raw or semi-finished metals such as aluminum and steel, coal, and software for integrating industrial processes. The previous report under Section 1245(e) of IFCA was dated February 10, 2014. The information available for the time period from January 1, 2014 to December 31, 2016 has been reviewed, and this report provides a determination for each item identified in Section 1245(e) for that period. Following a review of the available information, and in consultation with the Department of the Treasury, the Secretary of State has determined that Iran is not using the materials described in Section 1245(d) as a medium for barter, swap, or any other exchange or transaction; nor is Iran listing any such materials as assets of the Government of Iran for purposes of the national balance sheet of Iran. VerDate Sep<11>2014 20:59 Dec 02, 2019 Jkt 250001 Following a review of the available information, and in consultation with the Department of the Treasury, the Secretary of State has not identified a sector of the Iranian economy that is controlled directly or indirectly by the IRGC. This finding reflects a change in the IRGC’s influence over the energy sector since the previous report under Section 1245(e). As previously determined, of the 31 materials expected to be included within the scope of Section 1245(d) of IFCA, certain types of the following materials are used in connection with the nuclear, military, or ballistic missile programs of Iran: Aluminum, beryllium, boron, cobalt, copper, copper-infiltrated tungsten, copper-beryllium, graphite, hastelloy, Inconel, magnesium, molybdenum, nickel, niobium, silverinfiltrated tungsten, steels (including, but not limited to, maraging steels and stainless steels), titanium diboride, tungsten, tungsten carbide, and zirconium. Following a review of the available information, and in consultation with the Department of the Treasury, the Secretary of State has determined that, of the materials listed above, the following certain types of those materials are used in connection with the nuclear, military, or ballistic missile programs of Iran: Stainless steel 304L tubes, MN40 manganese brazing foil, MN70 manganese brazing foil, and stainless steel CrNi60WTi ESR+VAR (chromium, nickel, 60 percent tungsten, titanium, electro-slag remelting, vacuum arc remelting). Subsequent to this determination, if the Secretary of State, in consultation with the Secretaries of the Treasury and Commerce and the U.S. Trade Representative, and other agencies as appropriate, determines that a person knowingly sells, supplies, or transfers, directly or indirectly, to or from Iran, any of the materials listed in this paragraph, sanctions would be applicable pursuant to Section 1245(a)(1)(C)(i)(III) of IFCA. Dated: October 29, 2019. Michael R. Pompeo, Secretary of State. [FR Doc. 2019–26069 Filed 12–2–19; 8:45 am] BILLING CODE 4710–27–P DEPARTMENT OF STATE [Public Notice: 10962] Report to Congress Pursuant to Section 1245(e) of the National Defense Authorization Act for Fiscal Year 2013 (FY13 NDAA) ACTION: PO 00000 Notice of report. Frm 00120 Fmt 4703 Sfmt 4703 66265 On general issues: Rachael Jagielski, Office of Counterproliferation Initiatives, Department of State, Tel: (202) 647– 5193. FOR FURTHER INFORMATION CONTACT: Report (October 29, 2019) Section 1245(e) of the FY13 NDAA, known as the Iran Freedom and Counter-Proliferation Act of 2012 (IFCA), as delegated, requires that the Secretary of State, in consultation with the Secretary of the Treasury, determine (1) whether Iran is (A) using any of the materials described in subsection (d) of Section 1245 of IFCA as a medium for barter, swap, or any other exchange or transaction, or (B) listing any of such materials as assets of the Government of Iran for purposes of the national balance sheet of Iran; (2) which sectors of the economy of Iran are controlled directly or indirectly by Iran’s Islamic Revolutionary Guard Corps (IRGC); and (3) which of the materials described in subsection (d) are used in connection with the nuclear, military, or ballistic missile programs of Iran. Materials described in subsection (d) of Section 1245 are graphite, raw or semi-finished metals such as aluminum and steel, coal, and software for integrating industrial processes. This report under Section 1245(e) of IFCA covers the period from January 1, 2017 to December 31, 2018. Following a review of the available information, and in consultation with the Department of the Treasury, the Secretary of State has determined that Iran is not using the materials described in Section 1245(d) as a medium for barter, swap, or any other exchange or transaction; nor is Iran listing any such materials as assets of the Government of Iran for purposes of the national balance sheet of Iran. Following a review of the available information, and in consultation with the Department of the Treasury, the Secretary of State has determined that the construction sector of Iran is controlled directly or indirectly by the IRGC. As previously determined, of the 31 materials expected to be included within the scope of Section 1245(d) of IFCA, certain types of the following materials are used in connection with the nuclear, military, or ballistic missile programs of Iran: Aluminum, beryllium, boron, cobalt, copper, copper-infiltrated tungsten, copper-beryllium, graphite, hastelloy, Inconel, magnesium, molybdenum, nickel, niobium, silverinfiltrated tungsten, steels (including, but not limited to, maraging steels and stainless steels), titanium diboride, E:\FR\FM\03DEN1.SGM 03DEN1 66266 Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Notices tungsten, tungsten carbide, and zirconium. Additionally, a report under Section 1245(e) of IFCA for an earlier time period included a determination that identified four certain types of those materials that are used in connection with the nuclear, military, or ballistic missile programs of Iran. Following a review of the available information, and in consultation with the Department of the Treasury, the Secretary of State has not identified any additional certain types of those materials that are used in connection with the nuclear, military, or ballistic missile programs of Iran. Dated: October 29, 2019. Michael R. Pompeo, Secretary of State. [FR Doc. 2019–26070 Filed 12–2–19; 8:45 am] BILLING CODE 4710–27–P SURFACE TRANSPORTATION BOARD [Docket No. FD 34936] Port of Moses Lake—Construction Exemption—Moses Lake, Wash. lotter on DSKBCFDHB2PROD with NOTICES On August 28, 2008, the Port of Moses Lake (the Port) filed a petition seeking an exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10901 to construct approximately 7.6 miles of rail line as part of its Northern Columbia Basin Railroad Project (NCBRP) in the City of Moses Lake, Wash. The Port’s petition involved construction of two lines, the first between the community of Wheeler, Wash., and Parker Horn, Wash. (Segment 1), and the second between existing trackage of the Columbia Basin Railroad Company, Inc. (CBRW), and the east side of the Grant County International Airport (Segment 2). Following the completion of the environmental review process, which was conducted in conjunction with the Washington State Department of Transportation, the Board authorized construction of the environmentally preferred routes for Segments 1 and 2, subject to environmental mitigation measures, finding that the construction project met the standards for an exemption under 49 U.S.C. 10502.1 Port 1 In the same 2008 petition, the Port also sought an exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10901 to acquire from CBRW approximately three miles of rail line from Parker Horn near Stratford Road to a point near the Grant County International Airport (Segment 3), which would connect Segments 1 and 2. See Port of Moses Lake—Constr. Exemption— Moses Lake, Wash., FD 34936 et al., slip op. at 1, 3 (STB served Aug. 27, 2009). The Board considered the acquisition request in Docket No. FD 34936 (Sub-No. 1) and granted the acquisition exemption in its August 2009 Decision. VerDate Sep<11>2014 18:27 Dec 02, 2019 Jkt 250001 of Moses Lake—Constr. Exemption— Moses Lake, Wash. (August 2009 Decision), FD 34936 et al. (STB served Aug. 27, 2009). On November 2, 2018, the Port filed a petition to reopen. In that petition, the Port requested authorization from the Board under 49 U.S.C. 10502 for route modifications that account for land development that has occurred along and near the proposed rail line since the Board’s August 2009 Decision.2 (Port Pet. 5–6, Nov. 2, 2018.) The Port also sought to enable the Federal Railroad Administration (FRA) to participate in a supplemental environmental review process for a modified route.3 By decision served on January 28, 2019, the Board reopened this proceeding to consider the Port’s proposed route modifications. Port of Moses Lake— Constr. Exemption—Moses Lake, Wash., FD 34936 (STB served Jan. 28, 2019). The Board found that the Port had presented new evidence and changed circumstances that warranted reopening. Id. at 3. The Board found that it could not have considered the proposed route modifications previously, as the proposed revisions to the original route were designed to consider development of the land along and near the originally proposed rail line that had not occurred before the August 2009 Decision. Port of Moses Lake, FD 34936, slip op. at 3. OEA, along with the FRA participating as a cooperating agency, then prepared a Supplemental EA to consider what, if any, environmental impacts the proposed route modifications would have and whether additional or different environmental conditions should be recommended to mitigate those impacts. In this decision, the Board authorizes the proposed modifications to the Port’s construction project, subject to OEA’s final recommended environmental mitigation measures. The environmental mitigation measures are set forth in the Final Supplemental EA, as discussed below. 2 The petition sought to reopen only the proceeding relating to construction authority (Docket No. FD 34936); the part of the Port’s project involving acquisition of the existing rail line (Docket No. FD 34936 (Sub-No. 1)) remains unchanged. 3 To meet the Board’s obligations under the National Environmental Policy Act (NEPA), 42 U.S.C. 4321–4370i, and related environmental laws, the Board prepares an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) addressing the potential environmental impacts of all proposed rail constructions. 49 CFR 1105.6(a) & (b). The environmental review process, which is undertaken by the Board’s Office of Environmental Analysis (OEA), is separate from the agency’s consideration of the transportation merits of the proposed modified project. PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 Background The Port is a noncarrier municipality of the State of Washington that is chartered for economic development. It operates the Grant County International Airport and the Grant County International Airport Industrial Park, which has over one million square feet of building space and over 1,000 acres of industrial and commercial land. (Port Pet. 2, Aug. 28, 2008.) The Port states that NCBRP is one of the means by which the Port seeks to promote economic development on industrial lands near the airport and on land zoned for industry along Wheeler Road. (Port Pet. 2, Nov. 2, 2018.) The Port further states that NCBRP serves the purpose of moving rail traffic out of the downtown area of the City of Moses Lake. (Id.) Prior to the Board authorizing construction in 2009, OEA conducted an environmental review that analyzed the environmental impacts associated with the proposed project. After preparing, issuing, and receiving public comment on a Preliminary EA, OEA issued a Final EA recommending the environmentally preferred alignments for Segments 1 and 2 as well as proposed mitigation measures.4 OEA also issued a Post EA that contained an executed Programmatic Agreement setting forth the process to address any adverse effects to historic properties. In its August 2009 Decision, the Board adopted the analysis and conclusions of the Preliminary EA, Final EA, and Post EA, and imposed the recommended mitigation measures. As noted above, the Board authorized construction of the environmentally preferred routes for Segment 1 and Segment 2. The Board found that, subject to the Port’s compliance with the mitigation measures, the construction, acquisition, and operation of the proposed line would not significantly affect the quality of the human environment. See August 2009 Decision, FD 34936 et al., slip op. at 6–7. According to the Port, the Board’s authorization of the construction of the route in 2009 coincided with a significant economic downturn, which slowed implementation of the project and hampered the Port’s efforts to secure funding. (Port Pet. 3, Nov. 2, 2018.) The Port indicates that it received state funding in 2015 and federal 4 For full descriptions of Segment 1 and Segment 2, see Final EA 3–19 to 3–20, May 8, 2009, Port of Moses Lake—Constr. Exemption—Moses Lake, Wash., FD 34936 et al. OEA’s 2009 environmental review included analysis of the environmental impacts associated with the proposed acquisition of Segment 3. As stated above, however, the acquisition of Segment 3 is not at issue here. E:\FR\FM\03DEN1.SGM 03DEN1

Agencies

[Federal Register Volume 84, Number 232 (Tuesday, December 3, 2019)]
[Notices]
[Pages 66265-66266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26070]


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DEPARTMENT OF STATE

[Public Notice: 10962]


Report to Congress Pursuant to Section 1245(e) of the National 
Defense Authorization Act for Fiscal Year 2013 (FY13 NDAA)

ACTION: Notice of report.

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FOR FURTHER INFORMATION CONTACT: On general issues: Rachael Jagielski, 
Office of Counterproliferation Initiatives, Department of State, Tel: 
(202) 647-5193.

Report (October 29, 2019)

    Section 1245(e) of the FY13 NDAA, known as the Iran Freedom and 
Counter-Proliferation Act of 2012 (IFCA), as delegated, requires that 
the Secretary of State, in consultation with the Secretary of the 
Treasury, determine (1) whether Iran is (A) using any of the materials 
described in subsection (d) of Section 1245 of IFCA as a medium for 
barter, swap, or any other exchange or transaction, or (B) listing any 
of such materials as assets of the Government of Iran for purposes of 
the national balance sheet of Iran; (2) which sectors of the economy of 
Iran are controlled directly or indirectly by Iran's Islamic 
Revolutionary Guard Corps (IRGC); and (3) which of the materials 
described in subsection (d) are used in connection with the nuclear, 
military, or ballistic missile programs of Iran. Materials described in 
subsection (d) of Section 1245 are graphite, raw or semi-finished 
metals such as aluminum and steel, coal, and software for integrating 
industrial processes.
    This report under Section 1245(e) of IFCA covers the period from 
January 1, 2017 to December 31, 2018.
    Following a review of the available information, and in 
consultation with the Department of the Treasury, the Secretary of 
State has determined that Iran is not using the materials described in 
Section 1245(d) as a medium for barter, swap, or any other exchange or 
transaction; nor is Iran listing any such materials as assets of the 
Government of Iran for purposes of the national balance sheet of Iran.
    Following a review of the available information, and in 
consultation with the Department of the Treasury, the Secretary of 
State has determined that the construction sector of Iran is controlled 
directly or indirectly by the IRGC.
    As previously determined, of the 31 materials expected to be 
included within the scope of Section 1245(d) of IFCA, certain types of 
the following materials are used in connection with the nuclear, 
military, or ballistic missile programs of Iran: Aluminum, beryllium, 
boron, cobalt, copper, copper-infiltrated tungsten, copper-beryllium, 
graphite, hastelloy, Inconel, magnesium, molybdenum, nickel, niobium, 
silver-infiltrated tungsten, steels (including, but not limited to, 
maraging steels and stainless steels), titanium diboride,

[[Page 66266]]

tungsten, tungsten carbide, and zirconium.
    Additionally, a report under Section 1245(e) of IFCA for an earlier 
time period included a determination that identified four certain types 
of those materials that are used in connection with the nuclear, 
military, or ballistic missile programs of Iran. Following a review of 
the available information, and in consultation with the Department of 
the Treasury, the Secretary of State has not identified any additional 
certain types of those materials that are used in connection with the 
nuclear, military, or ballistic missile programs of Iran.

    Dated: October 29, 2019.
Michael R. Pompeo,
Secretary of State.
[FR Doc. 2019-26070 Filed 12-2-19; 8:45 am]
 BILLING CODE 4710-27-P