Revisions to the Unverified List (UVL), 1766-1768 [2020-27931]
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Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations
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(8) 16 U.S.C. 971f(a), Atlantic Tunas
Convention Act of 1975,3 violation,
maximum from $192,768 to $195,047.
(9) 16 U.S.C. 973f(a), South Pacific
Tuna Act of 1988 (1988), violation,
maximum from $535,243 to $541,570.
(10) 16 U.S.C. 1174(b), Fur Seal Act
Amendments of 1983 (1983), violation,
maximum from $25,479 to $25,780.
(11) 16 U.S.C. 1375(a)(1), Marine
Mammal Protection Act of 1972 (1972),
violation, maximum from $29,755 to
$30,107.
(12) 16 U.S.C. 1385(e), Dolphin
Protection Consumer Information Act,4
violation, maximum from $192,768 to
$195,047.
(13) 16 U.S.C. 1437(d)(1), National
Marine Sanctuaries Act (1992),
violation, maximum from $181,484 to
$183,629.
(14) 16 U.S.C. 1540(a)(1), Endangered
Species Act of 1973:
(i) Violation as specified (1988),
maximum from $53,524 to $54,157.
(ii) Violation as specified (1988),
maximum from $25,691 to $25,995.
(iii) Otherwise violation (1978),
maximum from $1,759 to $1,780.
(15) 16 U.S.C. 1858(a), MagnusonStevens Fishery Conservation and
Management Act (1990), violation,
maximum from $192,768 to $195,047.
(16) 16 U.S.C. 2437(a), Antarctic
Marine Living Resources Convention
Act of 1984,5 violation, maximum from
$192,768 to $195,047.
(17) 16 U.S.C. 2465(a), Antarctic
Protection Act of 1990,6 violation,
maximum from $192,768 to $195,047.
(18) 16 U.S.C. 3373(a), Lacey Act
Amendments of 1981 (1981):
(i) 16 U.S.C. 3373(a)(1), violation,
maximum from $27,553 to $27,879.
(ii) 16 U.S.C. 3373(a)(2), violation,
maximum from $689 to $697.
(19) 16 U.S.C. 3606(b)(1), Atlantic
Salmon Convention Act of 1982,7
violation, maximum from $192,768 to
$194,047.
(20) 16 U.S.C. 3637(b), Pacific Salmon
Treaty Act of 1985,8 violation,
maximum from $192,768 to $195,047.
(21) 16 U.S.C. 4016(b)(1)(B), Fish and
Seafood Promotion Act of 1986 (1986);
violation, minimum from $1,166 to
$1,180; maximum from $11,665 to
$11,803.
(22) 16 U.S.C. 5010, North Pacific
Anadromous Stocks Act of 1992,9
3 See
footnote 1.
footnote 1.
5 See footnote 1.
6 See footnote 1.
7 See footnote 1.
8 See footnote 1.
9 See footnote 1.
4 See
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19:42 Jan 08, 2021
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violation, maximum from $192,768 to
$195,047.
(23) 16 U.S.C. 5103(b)(2), Atlantic
Coastal Fisheries Cooperative
Management Act,10 violation, maximum
from $192,768 to $195,047.
(24) 16 U.S.C. 5154(c)(1), Atlantic
Striped Bass Conservation Act,11
violation, maximum from $192,768 to
$195,047.
(25) 16 U.S.C. 5507(a), High Seas
Fishing Compliance Act of 1995 (1995),
violation, maximum from $167,433 to
$169,412.
(26) 16 U.S.C. 5606(b), Northwest
Atlantic Fisheries Convention Act of
1995,12 violation, maximum from
$192,768 to $195,047.
(27) 16 U.S.C. 6905(c), Western and
Central Pacific Fisheries Convention
Implementation Act,13 violation,
maximum from $192,768 to $195,047.
(28) 16 U.S.C. 7009(c) and (d), Pacific
Whiting Act of 2006,14 violation,
maximum from $192,768 to $195,047.
(29) 22 U.S.C. 1978(e), Fishermen’s
Protective Act of 1967 (1971):
(i) Violation, maximum from $29,755
to $30,107.
(ii) Subsequent violation, maximum
from $87,913 to $88,952.
(30) 30 U.S.C. 1462(a), Deep Seabed
Hard Mineral Resources Act (1980),
violation, maximum, from $75,867 to
$76,764.
(31) 42 U.S.C. 9152(c), Ocean Thermal
Energy Conversion Act of 1980 (1980),
violation, maximum from $75,867 to
$76,764.
(32) 16 U.S.C. 1827a, Billfish
Conservation Act of 2012,15 violation,
maximum from $192,768 to $195,047.
(33) 16 U.S.C. 7407(b), Port State
Measures Agreement Act of 2015,16
violation, maximum from $192,768 to
$195,047.
(34) 16 U.S.C. 1826g(f), High Seas
Driftnet Fishing Moratorium Protection
Act,17 violation, maximum from
$192,768 to $195,047.
(35) 16 U.S.C. 7705, Ensuring Access
to Pacific Fisheries Act,18 violation,
maximum from $192,768 to $195,047.
(36) 16 U.S.C. 7805, Ensuring Access
to Pacific Fisheries Act,19 violation,
maximum from $192,768 to $195,047.
(g) National Technical Information
Service. 42 U.S.C. 1306c(c), Bipartisan
Budget Act of 2013 (2013), violation,
10 See
footnote 1.
footnote 1.
12 See footnote 1.
13 See footnote 1.
14 See footnote 1.
15 See footnote 1.
16 See footnote 1.
17 See footnote 1.
18 See footnote 1.
19 See footnote 1.
11 See
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minimum from $1,000 to $1,012;
maximum total penalty on any person
for any calendar year, excluding willful
or intentional violations from $250,000
to $252,955.
§ 6.4 Effective date of adjustments for
inflation to civil monetary penalties.
The Department of Commerce’s 2021
adjustments for inflation made by § 6.3,
of the civil monetary penalties there
specified, are effective on January 15,
2021, and said civil monetary penalties,
as thus adjusted by the adjustments for
inflation made by § 6.3, apply only to
those civil monetary penalties,
including those whose associated
violation predated such adjustment,
which are assessed by the Department of
Commerce after the effective date of the
new civil monetary penalty level, and
before the effective date of any future
adjustments for inflation to civil
monetary penalties thereto made
subsequent to January 15, 2021 as
provided in § 6.5.
§ 6.5 Subsequent annual adjustments for
inflation to civil monetary penalties.
The Secretary of Commerce or his or
her designee by regulation shall make
subsequent adjustments for inflation to
the Department of Commerce’s civil
monetary penalties annually, which
shall take effect not later than January
15, notwithstanding section 553 of title
5, United States Code.
[FR Doc. 2020–29024 Filed 1–8–21; 8:45 am]
BILLING CODE 3510–DP–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 201214–0340]
RIN 0694–AI39
Revisions to the Unverified List (UVL)
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
The Bureau of Industry and
Security (BIS) is amending the Export
Administration Regulations (EAR) by
removing three (3) persons from the
Unverified List (UVL). The three
persons are removed from the UVL on
the basis that BIS was able to verify
their bona fides (i.e., legitimacy and
reliability relating to the end use and
end user of items subject to the EAR)
through successful end-use checks.
DATES: This rule is effective January 11,
2021.
SUMMARY:
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Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
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Kevin Kurland, Director, Office of
Enforcement Analysis, Bureau of
Industry and Security, Department of
Commerce, Phone: (202) 482–4255 or by
email at UVLRequest@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Unverified List (UVL), found in
Supplement No. 6 to part 744 of the
Export Administration Regulations (15
CFR parts 730 through 774) (EAR),
contains the names and addresses of
foreign persons who are or have been
parties to a transaction, as such parties
are described in § 748.5 of the EAR,
involving the export, reexport, or
transfer (in-country) of items subject to
the EAR, and whose bona fides the
Bureau of Industry and Security (BIS)
has been unable to verify through an
end-use check. BIS may add persons to
the UVL when BIS or federal officials
acting on BIS’s behalf have been unable
to verify a foreign person’s bona fides
because an end-use check, such as a prelicense check (PLC) or a post-shipment
verification (PSV), cannot be completed
satisfactorily for reasons outside the
U.S. Government’s control.
There are a number of reasons why
end-use checks cannot be completed.
These include but are not limited to
reasons unrelated to the cooperation of
the foreign party subject to the end-use
check. For example, BIS sometimes
initiates end-use checks and cannot find
a foreign party at the address indicated
on export documents and cannot locate
the party by telephone or email.
Additionally, BIS sometimes is unable
to conduct end-use checks when host
government agencies do not respond to
requests to conduct end-use checks,
prevent the scheduling of such checks,
or refuse to schedule them in a timely
manner. Under these circumstances,
although BIS has an interest in
informing the public of its inability to
verify the foreign party’s bona fides,
there may not be sufficient information
to add the foreign person at issue to the
Entity List (Supplement No. 4 to part
744 of the EAR) under § 744.11 of the
EAR (see paragraph (b), Criteria for
revising the Entity List), or under
another provision of the EAR. In such
circumstances, BIS may add the foreign
person to the UVL.
Furthermore, BIS sometimes is able to
conduct end-use checks but cannot
verify the bona fides of a foreign party.
For example, BIS may be unable to
verify bona fides if, during the conduct
of an end-use check, a recipient of items
subject to the EAR is unable to produce
the items that are the subject of the enduse check for visual inspection or
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provide sufficient documentation or
other evidence to confirm the
disposition of the items. The inability of
foreign persons subject to end-use
checks to demonstrate their bona fides
raises concerns about the suitability of
such persons as participants in future
exports, reexports, or transfers (incountry) of items subject to the EAR and
indicates a risk that such items may be
diverted to prohibited end uses and/or
end users. However, in such
circumstances, BIS may not have
sufficient information to establish that
such persons are involved in activities
described in parts 744 or 746 of the
EAR, therefore preventing the
placement of the persons on the Entity
List. In such circumstances, the foreign
persons may be added to the UVL.
As provided in § 740.2(a)(17) of the
EAR, the use of license exceptions for
exports, reexports, and transfers (incountry) involving a party or parties to
the transaction who are listed on the
UVL is suspended. Additionally, under
§ 744.15(b) of the EAR, there is a
requirement for exporters, reexporters,
and transferors to obtain (and keep a
record of) a UVL statement from a party
or parties to the transaction who are
listed on the UVL before proceeding
with exports, reexports, and transfers
(in-country) to such persons, when the
exports, reexports and transfers (incountry) are not subject to a license
requirement.
Requests for removal of a UVL entry
must be made in accordance with
§ 744.15(d) of the EAR. Decisions
regarding the removal or modification of
UVL listings will be made by the Deputy
Assistant Secretary for Export
Enforcement, based on a demonstration
by the listed person of its bona fides.
Changes to the EAR
Supplement No. 6 to Part 744 (‘‘the
Unverified List’’ or ‘‘UVL’’)
This rule removes three persons from
the UVL. BIS is removing these persons
pursuant to § 744.15(c)(2) of the EAR
based on the successful completion of
end-use checks that resulted in the
verification of their bona fides. This
final rule implements the decision of
the Acting Deputy Assistant Secretary
for Export Enforcement to remove the
following three persons located in
Germany and Mexico from the UVL:
Germany:
• DMA Logistics GmbH, Max PlanckStrasse 1, Unna, Germany; and
• Halm Elektronik GmbH, Burgstrasse
106, Frankfurt am Main, Germany
Mexico:
• Integrated Production and Test
Engineering, a.k.a. IPTE, Calle
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1767
Alambiques 975—9, Parque Industrial el
´ lamo, Guadalajara, Jalisco 44490,
A
Mexico
Export Control Reform Act of 2018
On August 13, 2018, the President
signed into law the John S. McCain
National Defense Authorization Act for
Fiscal Year 2019, which included the
Export Control Reform Act of 2018
(ECRA) (codified, as amended, at 50
U.S.C. 4801 through 4852). ECRA
provides the legal basis for BIS’s
principal authorities and serves as the
authority under which BIS issues this
rule.
Rulemaking Requirements
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, distributive 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 rule
has been designated as ‘‘not significant’’
for purposes of Executive Order 12866.
This rule is not an Executive Order
13771 regulatory action because this
rule is not significant under Executive
Order 12866.
This rule does not contain policies
with Federalism implications as that
term is defined in Executive Order
13132.
Pursuant to section 1762 of the Export
Control Reform Act of 2018 (50 U.S.C.
4821) this action is exempt from the
Administrative Procedure Act (5 U.S.C.
553) requirements for notice of
proposed rulemaking, opportunity for
public participation, and delay in
effective date. The analytical
requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are
not applicable because no general notice
of proposed rulemaking was required
for this action. Accordingly, no
regulatory flexibility analysis is
required, and none has been prepared.
Notwithstanding any other provision
of law, no person is required to respond
to, nor is subject to a penalty for failure
to comply with, a collection of
information, subject to the requirements
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a
currently valid Office of Management
and Budget (OMB) Control Number.
This regulation involves collections
previously approved by OMB under the
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Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES
following control numbers: 0694–0088
(Simplified Network Application
Processing+ System (SNAP+) and the
Multipurpose Export License
Application), 0694–0122 (Licensing
Responsibilities and Enforcement), and
0694–0137 (License Exceptions and
Exclusions). Collection 0694–0088
includes, among other things, license
applications, and carries a burden
estimate of 42.5 minutes for a manual or
electronic submission for a total burden
estimate of 31,878 hours.
This rule will not change public
burden in a collection of information
approved by OMB under control
number 0694–0088. The restoration of
license exceptions for listed persons on
the Unverified List will result in
decreased license applications being
submitted to BIS by exporters. The
removal of license exceptions for listed
persons on the Unverified List will
potentially result in increased license
applications being submitted to BIS by
exporters. Total burden hours associated
with the Paperwork Reduction Act and
OMB control number 0694–0088 are
expected not to change, as the
restoration of some license exceptions
and the restriction of other license
exceptions will only affect transactions
involving persons removed from or
added to the Unverified List and not all
export transactions. Because license
exception eligibility is restored for these
entities removed from the UVL, this rule
increases public burden in a collection
of information approved by OMB under
control number 0694–0137 minimally,
as this will only affect specifically listed
individual persons. The decreased
burden under 0694–0088 is reciprocal to
the increased burden under 0694–0137,
and results in little or no change of
burden to the public. This rule also
decreases public burden in a collection
of information under OMB control
number 0694–0122, as a result of the
exchange of UVL statements between
private parties. The total change in
burden hours associated with both of
these collections is expected to be
minimal, as it involves a limited
number of persons listed on the UVL.
List of Subjects in 15 CFR Part 744
Exports, Reporting and recordkeeping
requirements, Terrorism.
Accordingly, part 744 of the Export
Administration Regulations (15 CFR
parts 730 through 774) is amended as
follows:
PART 744—CONTROL POLICY: END–
USER AND END–USE BASED
1. The authority citation for 15 CFR
part 744 continues to read as follows:
■
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19:42 Jan 08, 2021
Jkt 253001
Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 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; 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. 13099, 63 FR
45167, 3 CFR, 1998 Comp., p. 208; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13224, 66 FR 49079, 3 CFR, 2001
Comp., p. 786; Notice of September 18, 2020,
85 FR 59641 (September 22, 2020); Notice of
November 12, 2020, 85 FR 72897 (November
13, 2020).
Supplement No. 6 to Part 744
[Amended]
2. Supplement No. 6 to part 744 is
amended in the table by:
■ a. Removing the entries for ‘‘DMA
Logistics GmbH’’ and ‘‘Halm Elektronik
GmbH’’ under ‘‘Germany’’; and
■ b. Removing the entry for ‘‘Mexico’’.
■
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2020–27931 Filed 1–8–21; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF LABOR
Employees’ Compensation Appeals
Board
20 CFR Part 501
RIN 1290–AA37
Rules of Practice and Procedure
Employees’ Compensation
Appeals Board, Department of Labor.
ACTION: Direct Final Rule.
AGENCY:
The Department of Labor
(DOL or Department) is issuing this
Direct Final Rule (DFR) to seek public
comments on a proposal to require
electronic filing (e-filing) and electronic
service (e-service) for attorneys and lay
representatives representing parties in
proceedings before the Employees’
Compensation Appeals Board (the
Board). These regulations establish efiling and e-service rules of practice and
procedure for the Board that would
apply where a governing statute,
regulation, or executive order does not
establish contrary rules of practice or
procedure. The rule mandates e-filing,
makes e-service automatic of documents
for parties represented by attorneys and
duly authorized lay representatives
unless good cause is shown justifying a
different form of filing, and provides an
option for pro se/self-represented
parties to utilize these capabilities. It
also allows the Board, in its discretion,
SUMMARY:
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to hold oral arguments by
videoconference.
This direct final rule will
become effective February 25, 2021
without further action unless the
Department receives significant adverse
comment to this rule by 11:59 p.m.
Eastern Standard Time on February 10,
2021. If the Department receives
significant adverse comment, it will
publish a timely withdrawal of the final
rule in the Federal Register.
DATES:
You may send comments,
identified by Regulatory Identification
Number (RIN) 1290–AA37, only by the
following method: Electronic
Comments. Submit comments through
the Federal eRulemaking Portal https://
www.regulations.gov. To locate the
direct final rule, use docket number
DOL–2020–0017 or key words such as
‘‘Administrative practice and
procedure’’ or ‘‘Workers’
compensation.’’ Follow the instructions
for submitting comments. All comments
must be received by 11:59 p.m. on the
date indicated for consideration in this
rulemaking. Instructions: All
submissions received must include the
agency name and docket number or
Regulatory Information Number (RIN)
for this rulemaking. All comments
received will generally be posted
without change to https://
www.regulations.gov, including any
personal information provided. If you
need assistance to review the comments
or the direct final rule, the Department
will consider providing the comments
and the direct final rule in other formats
upon request. For assistance to review
the comments or obtain the direct final
rule in an alternate format, contact Mr.
Thomas Shepherd, Clerk of the
Appellate Boards, at (202) 693–6319.
Individuals with hearing or speech
impairments may access the telephone
number above by TTY by calling the
toll-free Federal Information Relay
Service at (800) 877–8339.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Thomas Shepherd, Clerk of the
Appellate Boards, at 202–693–6319 or
ECAB-Inquiries@dol.gov.
This
preamble is divided into four sections:
Section I explains the process of issuing
a proposed rule concurrently with a
companion direct final rule; Section II
provides general background
information on the development of the
rulemaking; Section III is a section-bysection summary and discussion of the
regulatory text; and Section IV covers
the administrative requirements for this
rulemaking.
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 86, Number 6 (Monday, January 11, 2021)]
[Rules and Regulations]
[Pages 1766-1768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27931]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 201214-0340]
RIN 0694-AI39
Revisions to the Unverified List (UVL)
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) by removing three (3) persons
from the Unverified List (UVL). The three persons are removed from the
UVL on the basis that BIS was able to verify their bona fides (i.e.,
legitimacy and reliability relating to the end use and end user of
items subject to the EAR) through successful end-use checks.
DATES: This rule is effective January 11, 2021.
[[Page 1767]]
FOR FURTHER INFORMATION CONTACT: Kevin Kurland, Director, Office of
Enforcement Analysis, Bureau of Industry and Security, Department of
Commerce, Phone: (202) 482-4255 or by email at [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Unverified List (UVL), found in Supplement No. 6 to part 744 of
the Export Administration Regulations (15 CFR parts 730 through 774)
(EAR), contains the names and addresses of foreign persons who are or
have been parties to a transaction, as such parties are described in
Sec. 748.5 of the EAR, involving the export, reexport, or transfer
(in-country) of items subject to the EAR, and whose bona fides the
Bureau of Industry and Security (BIS) has been unable to verify through
an end-use check. BIS may add persons to the UVL when BIS or federal
officials acting on BIS's behalf have been unable to verify a foreign
person's bona fides because an end-use check, such as a pre-license
check (PLC) or a post-shipment verification (PSV), cannot be completed
satisfactorily for reasons outside the U.S. Government's control.
There are a number of reasons why end-use checks cannot be
completed. These include but are not limited to reasons unrelated to
the cooperation of the foreign party subject to the end-use check. For
example, BIS sometimes initiates end-use checks and cannot find a
foreign party at the address indicated on export documents and cannot
locate the party by telephone or email. Additionally, BIS sometimes is
unable to conduct end-use checks when host government agencies do not
respond to requests to conduct end-use checks, prevent the scheduling
of such checks, or refuse to schedule them in a timely manner. Under
these circumstances, although BIS has an interest in informing the
public of its inability to verify the foreign party's bona fides, there
may not be sufficient information to add the foreign person at issue to
the Entity List (Supplement No. 4 to part 744 of the EAR) under Sec.
744.11 of the EAR (see paragraph (b), Criteria for revising the Entity
List), or under another provision of the EAR. In such circumstances,
BIS may add the foreign person to the UVL.
Furthermore, BIS sometimes is able to conduct end-use checks but
cannot verify the bona fides of a foreign party. For example, BIS may
be unable to verify bona fides if, during the conduct of an end-use
check, a recipient of items subject to the EAR is unable to produce the
items that are the subject of the end-use check for visual inspection
or provide sufficient documentation or other evidence to confirm the
disposition of the items. The inability of foreign persons subject to
end-use checks to demonstrate their bona fides raises concerns about
the suitability of such persons as participants in future exports,
reexports, or transfers (in-country) of items subject to the EAR and
indicates a risk that such items may be diverted to prohibited end uses
and/or end users. However, in such circumstances, BIS may not have
sufficient information to establish that such persons are involved in
activities described in parts 744 or 746 of the EAR, therefore
preventing the placement of the persons on the Entity List. In such
circumstances, the foreign persons may be added to the UVL.
As provided in Sec. 740.2(a)(17) of the EAR, the use of license
exceptions for exports, reexports, and transfers (in-country) involving
a party or parties to the transaction who are listed on the UVL is
suspended. Additionally, under Sec. 744.15(b) of the EAR, there is a
requirement for exporters, reexporters, and transferors to obtain (and
keep a record of) a UVL statement from a party or parties to the
transaction who are listed on the UVL before proceeding with exports,
reexports, and transfers (in-country) to such persons, when the
exports, reexports and transfers (in-country) are not subject to a
license requirement.
Requests for removal of a UVL entry must be made in accordance with
Sec. 744.15(d) of the EAR. Decisions regarding the removal or
modification of UVL listings will be made by the Deputy Assistant
Secretary for Export Enforcement, based on a demonstration by the
listed person of its bona fides.
Changes to the EAR
Supplement No. 6 to Part 744 (``the Unverified List'' or ``UVL'')
This rule removes three persons from the UVL. BIS is removing these
persons pursuant to Sec. 744.15(c)(2) of the EAR based on the
successful completion of end-use checks that resulted in the
verification of their bona fides. This final rule implements the
decision of the Acting Deputy Assistant Secretary for Export
Enforcement to remove the following three persons located in Germany
and Mexico from the UVL:
Germany:
DMA Logistics GmbH, Max Planck-Strasse 1, Unna, Germany; and
Halm Elektronik GmbH, Burgstrasse 106, Frankfurt am Main,
Germany
Mexico:
Integrated Production and Test Engineering, a.k.a. IPTE,
Calle Alambiques 975--9, Parque Industrial el [Aacute]lamo,
Guadalajara, Jalisco 44490, Mexico
Export Control Reform Act of 2018
On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (codified, as
amended, at 50 U.S.C. 4801 through 4852). ECRA provides the legal basis
for BIS's principal authorities and serves as the authority under which
BIS issues this rule.
Rulemaking Requirements
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, distributive 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 rule has been designated as ``not significant'' for
purposes of Executive Order 12866. This rule is not an Executive Order
13771 regulatory action because this rule is not significant under
Executive Order 12866.
This rule does not contain policies with Federalism implications as
that term is defined in Executive Order 13132.
Pursuant to section 1762 of the Export Control Reform Act of 2018
(50 U.S.C. 4821) this action is exempt from the Administrative
Procedure Act (5 U.S.C. 553) requirements for notice of proposed
rulemaking, opportunity for public participation, and delay in
effective date. The analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable because no
general notice of proposed rulemaking was required for this action.
Accordingly, no regulatory flexibility analysis is required, and none
has been prepared.
Notwithstanding any other provision of law, no person is required
to respond to, nor is subject to a penalty for failure to comply with,
a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by OMB under the
[[Page 1768]]
following control numbers: 0694-0088 (Simplified Network Application
Processing+ System (SNAP+) and the Multipurpose Export License
Application), 0694-0122 (Licensing Responsibilities and Enforcement),
and 0694-0137 (License Exceptions and Exclusions). Collection 0694-0088
includes, among other things, license applications, and carries a
burden estimate of 42.5 minutes for a manual or electronic submission
for a total burden estimate of 31,878 hours.
This rule will not change public burden in a collection of
information approved by OMB under control number 0694-0088. The
restoration of license exceptions for listed persons on the Unverified
List will result in decreased license applications being submitted to
BIS by exporters. The removal of license exceptions for listed persons
on the Unverified List will potentially result in increased license
applications being submitted to BIS by exporters. Total burden hours
associated with the Paperwork Reduction Act and OMB control number
0694-0088 are expected not to change, as the restoration of some
license exceptions and the restriction of other license exceptions will
only affect transactions involving persons removed from or added to the
Unverified List and not all export transactions. Because license
exception eligibility is restored for these entities removed from the
UVL, this rule increases public burden in a collection of information
approved by OMB under control number 0694-0137 minimally, as this will
only affect specifically listed individual persons. The decreased
burden under 0694-0088 is reciprocal to the increased burden under
0694-0137, and results in little or no change of burden to the public.
This rule also decreases public burden in a collection of information
under OMB control number 0694-0122, as a result of the exchange of UVL
statements between private parties. The total change in burden hours
associated with both of these collections is expected to be minimal, as
it involves a limited number of persons listed on the UVL.
List of Subjects in 15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730 through 774) is amended as follows:
PART 744--CONTROL POLICY: END-USER AND END-USE BASED
0
1. The authority citation for 15 CFR part 744 continues to read as
follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 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; 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. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of September 18, 2020, 85 FR 59641 (September 22, 2020); Notice of
November 12, 2020, 85 FR 72897 (November 13, 2020).
Supplement No. 6 to Part 744 [Amended]
0
2. Supplement No. 6 to part 744 is amended in the table by:
0
a. Removing the entries for ``DMA Logistics GmbH'' and ``Halm
Elektronik GmbH'' under ``Germany''; and
0
b. Removing the entry for ``Mexico''.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2020-27931 Filed 1-8-21; 8:45 am]
BILLING CODE 3510-33-P
