Weapons of Mass Destruction Trade Control Regulations, 73105-73106 [2021-27868]
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73105
Rules and Regulations
Federal Register
Vol. 86, No. 245
Monday, December 27, 2021
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.
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 539
Weapons of Mass Destruction Trade
Control Regulations
Office of Foreign Assets
Control, Treasury.
ACTION: Final rule.
AGENCY:
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is amending the
Weapons of Mass Destruction Trade
Control Regulations to add a June 28,
2005 Executive order as an authority,
remove the appendix to the part, and
modify three definitions referencing the
appendix.
DATES: This rule is effective December
27, 2021.
FOR FURTHER INFORMATION CONTACT:
OFAC: Assistant Director for Licensing,
202–622–2480; Assistant Director for
Regulatory Affairs, 202–622–4855; or
Assistant Director for Sanctions
Compliance & Evaluation, 202–622–
2490.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Electronic Availability
This document and additional
information concerning OFAC are
available on OFAC’s website:
www.treasury.gov/ofac.
Background
On February 23, 1999, OFAC issued
the Weapons of Mass Destruction Trade
Control Regulations, 31 CFR part 539
(64 FR 8715, February 23, 1999) (the
‘‘Regulations’’), to implement Executive
Order (E.O.) 12938 of November 14,
1994, ‘‘Proliferation of Weapons of Mass
Destruction’’ (59 FR 59099, November
16, 1994), as amended by E.O. 13094 of
July 28, 1998, ‘‘Proliferation of Weapons
of Mass Destruction’’ (63 FR 40803, July
30, 1998). Since that time, OFAC has
amended the Regulations to remove two
VerDate Sep<11>2014
16:06 Dec 23, 2021
Jkt 256001
names from appendix I to the
Regulations (66 FR 57371, November 15,
2001).
Appendix I to the Regulations lists the
names of foreign persons who are
determined by the Secretary of State
pursuant to section 4(a) of E.O. 12938,
as amended by E.O. 13094, to have
materially contributed or attempted to
contribute materially to the efforts of a
foreign country, project, or entity of
proliferation concern to use, acquire,
design, develop, produce, or stockpile
weapons of mass destruction or missiles
capable of delivering such weapons, and
who are subject to import measures
authorized in E.O. 12938, as amended.
Although appendix I to the Regulations
has not been updated since November
15, 2001, the names of persons subject
to the import measures authorized in
E.O. 12938, as amended, are published
in the Federal Register and maintained
on the Department of State’s website.
All persons currently listed in appendix
I to the Regulations have been
determined by the Department of State
to no longer be subject to the import
measures authorized in E.O. 12938, as
amended, and the Department of State
has published these determinations in
the Federal Register.1 The list
maintained on the Department of State’s
website has been updated to reflect that
these persons are no longer subject to
sanctions under E.O. 12938, as
amended.
In addition, since November 15, 2001,
E.O. 12938, as amended, has been
further amended. On June 28, 2005, the
President, invoking the authority of,
inter alia, the International Emergency
Economic Powers Act (50 U.S.C. 1701–
1706), issued E.O. 13382, ‘‘Blocking
Property of Weapons of Mass
Destruction Proliferators and Their
Supporters’’ (70 FR 38567, July 1, 2005),
effective at 12:01 a.m. eastern daylight
time on June 29, 2005. E.O. 13382
blocks the property and interests in
property of certain persons and is
implemented in the Weapons of Mass
Destruction Proliferators Sanctions
Regulations, 31 CFR part 544. In
addition, E.O. 13382 further amended
1 Baltic State Technical University was removed
on February 4, 2010 (74 FR 5836); Europlace 2000,
Grafit, MOSO Company, and NKIET were removed
on April 1, 2004 (69 FR 17262); Glakosmos was
removed on March 10, 2010 (75 FR 11223); D.
Mendelyev University of Chemical Technology of
Russia and Moscow Aviation Institute (MAI) were
removed on May 21, 2010 (75 FR 28672).
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
section 4(a) of E.O. 12938 to add the
Secretary of the Treasury as a
consultative party and expand the
foreign persons who could be subject to
the import measures of E.O. 12938, as
amended, to the following: Foreign
persons determined by the Secretary of
State, in consultation with the Secretary
of the Treasury, to have engaged, or
attempted to engage, in activities or
transactions that have materially
contributed to, or pose a risk of
materially contributing to, the
proliferation of weapons of mass
destruction or their means of delivery
(including missiles capable of delivering
such weapons), including any efforts to
manufacture, acquire, possess, develop,
transport, transfer, or use such items, by
any person or foreign country of
proliferation concern. Accordingly,
OFAC is adding E.O. 13382 as an
authority to the Regulations.
In light of the further amendment to
section 4(a) of E.O. 12938, the removal
of all persons from appendix I, and the
Department of State’s regular practice of
publishing in the Federal Register
notices of the determinations of the
Secretary of State, in consultation with
the Secretary of the Treasury, that a
person meets or no longer meets the
criteria of section 4(a) of E.O. 12938, as
amended, OFAC is also now removing
appendix I from the Regulations.
OFAC is also amending the
definitions in §§ 539.301, 539.302, and
539.304 in the Regulations to reflect the
removal of appendix I and making
technical edits to the authority citation
to conform to Federal Register
guidance.
Public Participation
Because the Regulations involve a
foreign affairs function, the provisions
of E.O. 12866 of September 30, 1993,
‘‘Regulatory Planning and Review’’ (58
FR 51735, October 4, 1993), and the
Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed
rulemaking, opportunity for public
participation, and delay in effective date
are inapplicable. Because no notice of
proposed rulemaking is required for this
rule, the Regulatory Flexibility Act (5
U.S.C. 601–612) does not apply.
Paperwork Reduction Act
The collections of information related
to the Regulations are contained in 31
CFR part 501 (the ‘‘Reporting,
Procedures and Penalties Regulations’’).
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73106
Federal Register / Vol. 86, No. 245 / Monday, December 27, 2021 / Rules and Regulations
Pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3507), those
collections of information have been
approved by the Office of Management
and Budget under control number 1505–
0164. An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid control number.
2. Revise § 539.301 to read as follows:
Designated foreign person.
5. Remove appendix I.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0079; FRL–9291–01–
R9]
Air Plan Approval; California; San
Joaquin Valley Unified Air Pollution
Control District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The term designated foreign person
means any person determined by the
Secretary of State, in consultation with
the Secretary of the Treasury, to be
subject to import measures pursuant to
section 4(a) of Executive Order (E.O.)
12938 of November 14, 1994, as
amended by E.O. 13094 of July 28, 1998
and E.O. 13382 of June 28, 2005.
Note 1 to § 539.301. The Department of
State publishes in the Federal Register the
names of persons determined to be subject to
import measures pursuant to section 4(a) of
E.O. 12938, as amended, and maintains a list
of such persons accessible through the
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[Removed]
BILLING CODE 4810–AL–P
Subpart C—General Definitions
The Environmental Protection
Agency (EPA) is taking final action to
partially approve a revision to the San
Joaquin Valley Unified Air Pollution
Control District (SJVUAPCD) portion of
the California State Implementation
Plan (SIP). This revision concerns
emissions of oxides of nitrogen (NOX)
and fine particulate matter (PM2.5) from
off-road diesel agricultural vehicles and
equipment. We are approving portions
of a local measure to reduce emissions
SUMMARY:
Resolution No.
19–26
We proposed to approve the San
Joaquin Valley Agricultural Equipment
Incentive Measure, as amended
(hereafter ‘‘Valley Incentive Measure’’),
16:06 Dec 23, 2021
[Amended]
4. Amend § 539.304 as follows:
a. Remove ‘‘person listed in appendix
I to this part’’ everywhere it appears and
add in its place ‘‘designated foreign
person.’’
■ b. Remove ‘‘entities listed in appendix
I to this part’’ and add in its place
‘‘entities that are designated foreign
persons.’’
[FR Doc. 2021–27868 Filed 12–23–21; 8:45 am]
Authority: 3 U.S.C. 301; 22 U.S.C. 2751–
2799aa–2; 31 U.S.C. 321(b); 50 U.S.C. 1601–
1651, 1701–1706; Pub. L. 101–410, 104 Stat.
890, as amended (28 U.S.C. 2461 note); E.O.
12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13094, 63 FR 40803, 3 CFR, 1998
Comp., p. 200; E.O. 13382, 70 FR 38567, 3
CFR, 2005 Comp., p. 170.
VerDate Sep<11>2014
§ 539.304
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
1. The authority citation for part 539
is revised to read as follows:
CARB ......................................
DATES:
[Amended]
3. In § 539.302, remove the last
sentence of the section.
■
■
■
Local agency
§ 539.302
Appendix I to Part 539
PART 539—WEAPONS OF MASS
DESTRUCTION TRADE CONTROL
REGULATIONS
§ 539.301
from these sources under the Clean Air
Act (CAA or the Act) and deferring
action on the remaining portions of this
measure.
■
■
List of Subjects in 31 CFR Part 539
Administrative practice and
procedure, Arms and munitions,
Foreign Trade, Imports, Penalties,
Reporting and recordkeeping
requirements, Sanctions, Services,
Weapons of mass destruction.
For the reasons set forth in the
preamble, OFAC amends 31 CFR part
539 as follows:
■
following page on the Department of State’s
website: https://www.state.gov/key-topicsbureau-of-international-security-andnonproliferation/nonproliferation-sanctions/.
Jkt 256001
This rule is effective January 26,
2022.
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2020–0079. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information. If
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Rebecca Newhouse, EPA Region IX, 75
Hawthorne Street, San Francisco, CA
94105, (415) 972–3004,
newhouse.rebecca@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Background
II. Summary of Final Action and Rationale
III. Public Comments and EPA Responses
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
On March 24, 2020 (85 FR 16588), the
EPA proposed to approve the following
measure, submitted by the California
Air Resources Board (CARB), into the
California SIP.
Measure title
Adopted
‘‘San Joaquin Valley Agricultural Equipment Incentive Measure,’’ as amended by ‘‘Additional Clarifying Information for
the San Joaquin Valley Agricultural Equipment Incentive
Measure.’’
based on a determination that it satisfies
the applicable CAA requirements for
approval of voluntary measures for SIP
emission reduction credit. Our proposal
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
12/12/19
Submitted
02/11/20
was based on our evaluation of the
documents provided in the SIP
submission, including the measure itself
(i.e., the State commitments set forth on
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Agencies
[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Rules and Regulations]
[Pages 73105-73106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27868]
========================================================================
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.
========================================================================
Federal Register / Vol. 86, No. 245 / Monday, December 27, 2021 /
Rules and Regulations
[[Page 73105]]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 539
Weapons of Mass Destruction Trade Control Regulations
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Treasury's Office of Foreign Assets
Control (OFAC) is amending the Weapons of Mass Destruction Trade
Control Regulations to add a June 28, 2005 Executive order as an
authority, remove the appendix to the part, and modify three
definitions referencing the appendix.
DATES: This rule is effective December 27, 2021.
FOR FURTHER INFORMATION CONTACT: OFAC: Assistant Director for
Licensing, 202-622-2480; Assistant Director for Regulatory Affairs,
202-622-4855; or Assistant Director for Sanctions Compliance &
Evaluation, 202-622-2490.
SUPPLEMENTARY INFORMATION:
Electronic Availability
This document and additional information concerning OFAC are
available on OFAC's website: www.treasury.gov/ofac.
Background
On February 23, 1999, OFAC issued the Weapons of Mass Destruction
Trade Control Regulations, 31 CFR part 539 (64 FR 8715, February 23,
1999) (the ``Regulations''), to implement Executive Order (E.O.) 12938
of November 14, 1994, ``Proliferation of Weapons of Mass Destruction''
(59 FR 59099, November 16, 1994), as amended by E.O. 13094 of July 28,
1998, ``Proliferation of Weapons of Mass Destruction'' (63 FR 40803,
July 30, 1998). Since that time, OFAC has amended the Regulations to
remove two names from appendix I to the Regulations (66 FR 57371,
November 15, 2001).
Appendix I to the Regulations lists the names of foreign persons
who are determined by the Secretary of State pursuant to section 4(a)
of E.O. 12938, as amended by E.O. 13094, to have materially contributed
or attempted to contribute materially to the efforts of a foreign
country, project, or entity of proliferation concern to use, acquire,
design, develop, produce, or stockpile weapons of mass destruction or
missiles capable of delivering such weapons, and who are subject to
import measures authorized in E.O. 12938, as amended. Although appendix
I to the Regulations has not been updated since November 15, 2001, the
names of persons subject to the import measures authorized in E.O.
12938, as amended, are published in the Federal Register and maintained
on the Department of State's website. All persons currently listed in
appendix I to the Regulations have been determined by the Department of
State to no longer be subject to the import measures authorized in E.O.
12938, as amended, and the Department of State has published these
determinations in the Federal Register.\1\ The list maintained on the
Department of State's website has been updated to reflect that these
persons are no longer subject to sanctions under E.O. 12938, as
amended.
---------------------------------------------------------------------------
\1\ Baltic State Technical University was removed on February 4,
2010 (74 FR 5836); Europlace 2000, Grafit, MOSO Company, and NKIET
were removed on April 1, 2004 (69 FR 17262); Glakosmos was removed
on March 10, 2010 (75 FR 11223); D. Mendelyev University of Chemical
Technology of Russia and Moscow Aviation Institute (MAI) were
removed on May 21, 2010 (75 FR 28672).
---------------------------------------------------------------------------
In addition, since November 15, 2001, E.O. 12938, as amended, has
been further amended. On June 28, 2005, the President, invoking the
authority of, inter alia, the International Emergency Economic Powers
Act (50 U.S.C. 1701-1706), issued E.O. 13382, ``Blocking Property of
Weapons of Mass Destruction Proliferators and Their Supporters'' (70 FR
38567, July 1, 2005), effective at 12:01 a.m. eastern daylight time on
June 29, 2005. E.O. 13382 blocks the property and interests in property
of certain persons and is implemented in the Weapons of Mass
Destruction Proliferators Sanctions Regulations, 31 CFR part 544. In
addition, E.O. 13382 further amended section 4(a) of E.O. 12938 to add
the Secretary of the Treasury as a consultative party and expand the
foreign persons who could be subject to the import measures of E.O.
12938, as amended, to the following: Foreign persons determined by the
Secretary of State, in consultation with the Secretary of the Treasury,
to have engaged, or attempted to engage, in activities or transactions
that have materially contributed to, or pose a risk of materially
contributing to, the proliferation of weapons of mass destruction or
their means of delivery (including missiles capable of delivering such
weapons), including any efforts to manufacture, acquire, possess,
develop, transport, transfer, or use such items, by any person or
foreign country of proliferation concern. Accordingly, OFAC is adding
E.O. 13382 as an authority to the Regulations.
In light of the further amendment to section 4(a) of E.O. 12938,
the removal of all persons from appendix I, and the Department of
State's regular practice of publishing in the Federal Register notices
of the determinations of the Secretary of State, in consultation with
the Secretary of the Treasury, that a person meets or no longer meets
the criteria of section 4(a) of E.O. 12938, as amended, OFAC is also
now removing appendix I from the Regulations.
OFAC is also amending the definitions in Sec. Sec. 539.301,
539.302, and 539.304 in the Regulations to reflect the removal of
appendix I and making technical edits to the authority citation to
conform to Federal Register guidance.
Public Participation
Because the Regulations involve a foreign affairs function, the
provisions of E.O. 12866 of September 30, 1993, ``Regulatory Planning
and Review'' (58 FR 51735, October 4, 1993), and the Administrative
Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking,
opportunity for public participation, and delay in effective date are
inapplicable. Because no notice of proposed rulemaking is required for
this rule, the Regulatory Flexibility Act (5 U.S.C. 601-612) does not
apply.
Paperwork Reduction Act
The collections of information related to the Regulations are
contained in 31 CFR part 501 (the ``Reporting, Procedures and Penalties
Regulations'').
[[Page 73106]]
Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), those
collections of information have been approved by the Office of
Management and Budget under control number 1505-0164. An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless the collection of information displays
a valid control number.
List of Subjects in 31 CFR Part 539
Administrative practice and procedure, Arms and munitions, Foreign
Trade, Imports, Penalties, Reporting and recordkeeping requirements,
Sanctions, Services, Weapons of mass destruction.
For the reasons set forth in the preamble, OFAC amends 31 CFR part
539 as follows:
PART 539--WEAPONS OF MASS DESTRUCTION TRADE CONTROL REGULATIONS
0
1. The authority citation for part 539 is revised to read as follows:
Authority: 3 U.S.C. 301; 22 U.S.C. 2751-2799aa-2; 31 U.S.C.
321(b); 50 U.S.C. 1601-1651, 1701-1706; Pub. L. 101-410, 104 Stat.
890, as amended (28 U.S.C. 2461 note); E.O. 12938, 59 FR 59099, 3
CFR, 1994 Comp., p. 950; E.O. 13094, 63 FR 40803, 3 CFR, 1998 Comp.,
p. 200; E.O. 13382, 70 FR 38567, 3 CFR, 2005 Comp., p. 170.
Subpart C--General Definitions
0
2. Revise Sec. 539.301 to read as follows:
Sec. 539.301 Designated foreign person.
The term designated foreign person means any person determined by
the Secretary of State, in consultation with the Secretary of the
Treasury, to be subject to import measures pursuant to section 4(a) of
Executive Order (E.O.) 12938 of November 14, 1994, as amended by E.O.
13094 of July 28, 1998 and E.O. 13382 of June 28, 2005.
Note 1 to Sec. 539.301. The Department of State publishes in
the Federal Register the names of persons determined to be subject
to import measures pursuant to section 4(a) of E.O. 12938, as
amended, and maintains a list of such persons accessible through the
following page on the Department of State's website: https://www.state.gov/key-topics-bureau-of-international-security-and-nonproliferation/nonproliferation-sanctions/.
Sec. 539.302 [Amended]
0
3. In Sec. 539.302, remove the last sentence of the section.
Sec. 539.304 [Amended]
0
4. Amend Sec. 539.304 as follows:
0
a. Remove ``person listed in appendix I to this part'' everywhere it
appears and add in its place ``designated foreign person.''
0
b. Remove ``entities listed in appendix I to this part'' and add in its
place ``entities that are designated foreign persons.''
Appendix I to Part 539 [Removed]
0
5. Remove appendix I.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2021-27868 Filed 12-23-21; 8:45 am]
BILLING CODE 4810-AL-P