Weapons of Mass Destruction Trade Control Regulations, 73105-73106 [2021-27868]

Download as PDF 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: khammond on DSKJM1Z7X2PROD with RULES 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’’). E:\FR\FM\27DER1.SGM 27DER1 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 khammond on DSKJM1Z7X2PROD with RULES [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 E:\FR\FM\27DER1.SGM 27DER1

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]]


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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
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