Redesignation of Regulations for Securing the Information and Communications Technology and Services Supply Chain, 58263-58265 [2024-15258]
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Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Rules and Regulations
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority, as it would
amend Class D airspace in Fort Liberty,
NC. An airspace evaluation determined
that this update is necessary to support
IFR operations in the area.
History
The FAA published a notice of
proposed rulemaking for Docket No.
FAA–2024–0383 in the Federal Register
(89 FR 18859; March 15, 2024) to amend
Class D airspace extending upward from
the surface for Simmons Army Airfield,
Fort Liberty, NC. Interested parties were
invited to participate in this rulemaking
effort by submitting written comments
on the proposal to the FAA. No
comments were received.
Incorporation by Reference
Class D airspace designations are
published in Paragraph 5000 of FAA
Order JO 7400.11, Airspace
Designations and Reporting Points,
which is incorporated by reference in 14
CFR 71.1 on an annual basis. This
document amends the current version of
that order, FAA Order JO 7400.11H,
dated August 11, 2023, and effective
September 15, 2023. These updates will
be published in the next update to FAA
Order JO 7400.11. That order is publicly
available as listed in the ADDRESSES
section of this document.
FAA Order JO 7400.11H lists Class A,
B, C, D, and E airspace areas, air traffic
service routes, and reporting points.
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The Rule
This action amends 14 CFR part 71 by
amending Class D airspace extending
from the surface at Simmons Army
Airfield, Fort Liberty, excluding 1,400
feet MSL from the vertical limits
(previously ‘‘including’’), updating the
airport’s geographic coordinates,
replacing ‘‘Notice to Airmen’’ with
‘‘Notice to Air Missions’’ in the
description, and updating reference to
‘‘Chart Supplement’’ (previously
‘‘Airport Facility Directory’’). Controlled
airspace is necessary for the safety and
management of instrument flight rules
(IFR) operations in the area.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
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58263
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
specific dates and times established in
advance by a Notice to Air Missions. The
effective date and time will thereafter be
continuously published in the Chart
Supplement.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant the preparation of an
environmental assessment.
BILLING CODE 4910–13–P
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
RIN 0694–AJ71
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11H,
Airspace Designations and Reporting
Points, dated August 11, 2023, and
effective September 15, 2023, is
amended as follows:
■
Paragraph 5000
Class D Airspace.
*
*
*
*
*
ASO NC D Simmons AAF, NC [Amended]
Simmons AAF, NC
(Lat. 35°07′55″ N, long. 78°56′10″ W)
That airspace extending upward from the
surface to but not including 1,400 feet MSL
within a 3.9-mile radius of Simmons AAF,
excluding the portion northwest of a line
extending from lat. 35°11′48″ N, long.
78°55′35″ W; to lat. 35°06′17″ N, long.
79°00′29″W, excluding the portion within the
Fayetteville, NC, Class C airspace area. This
Class D airspace area is effective during the
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*
*
*
*
*
Issued in College Park, Georgia, on July 10,
2024.
Andreese C. Davis,
Manager, Airspace & Procedures Team South,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2024–15483 Filed 7–17–24; 8:45 am]
DEPARTMENT OF COMMERCE
Office of the Secretary
15 CFR Part 7
Bureau of Industry and Security
15 CFR Part 791
[Docket No. 240620–0169]
Redesignation of Regulations for
Securing the Information and
Communications Technology and
Services Supply Chain
Bureau of Industry and
Security, Department of Commerce.
ACTION: Final rule.
AGENCY:
This rule redesignates
regulations governing the procedures for
the review of certain transactions
involving information and
communications technology and
services (ICTS) designed, developed,
manufactured, or supplied by persons
owned by, controlled by, or subject to
the jurisdiction or direction of a foreign
adversary and which pose or may pose
undue or unacceptable risks to the
United States or U.S. persons. This
action reflects the transfer of
responsibility for implementing these
regulations from the Secretary of
Commerce to the Bureau of Industry and
Security (BIS), Office of Information and
Communications Technology and
Services (OICTS).
DATES: This rule is effective July 18,
2024.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Rachel O’Meara, U.S. Department of
Commerce, telephone: (202) 482–4124,
email: ictsupplychain@doc.gov. For
media inquiries: Jessica Stallone, Office
of Congressional and Public Affairs,
Bureau of Industry and Security, U.S.
Department of Commerce: OCPA@
bis.doc.gov.
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Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
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I. Introduction
This final rule is a procedural action
to redesignate U.S. Department of
Commerce (Department) regulations that
govern the procedures for the review of
certain transactions involving ICTS
designed, developed, manufactured, or
supplied by persons owned by,
controlled by, or subject to the
jurisdiction or direction of a foreign
adversary and which pose or may pose
undue or unacceptable risks to the
United States or U.S. persons.
Responsibility for implementing these
regulations lies within the BIS’s OICTS.
This action moves regulations from
subtitle A in the Code of Federal
Regulations (CFR), which is generally
reserved for Secretarial actions and
Department-wide activities and
operations, to chapter VII in title 15 of
the CFR, where BIS regulations are
located. Specifically, this action
removes the regulations in title 15,
subtitle A, part 7 (under the ‘‘Office of
the Secretary of Commerce’’), reserving
that part, and redesignates them as title
15, subtitle B, chapter VII, part 791
(under the ‘‘Bureau of Industry and
Security, Department of Commerce’’).
The provisions being redesignated
were originally administered by the
Office of the Secretary, but were
formally transferred to BIS when OICTS
was established on March 15, 2022
(consistent with the Consolidated
Appropriations Act for Fiscal Year
2022). Therefore, the Department is
transferring the regulations to subtitle B,
‘‘Regulations Relating to Commerce and
Foreign Trade,’’ chapter VII, ‘‘Bureau of
Industry and Security, Department of
Commerce.’’ title 15, subtitle B, chapter
VII regulations are specific to BIS
authorities and processes. This is a
procedural change that does not impact
any processes of the Department or BIS,
and will have no impact on any public
or private entity outside of BIS.
II. Background
The existing 15 CFR part 7
regulations, which are being
redesignated, implement Executive
Orders (E.O.s), E.O. 13873, ‘‘Securing
the Information and Communications
Technology and Services Supply Chain’’
(84 FR 22689, May 17, 2019) and E.O.
14034, ‘‘Protecting Americans’ Sensitive
Data From Foreign Adversaries’’ (86 FR
31423, June 11, 2021).
E.O. 13873 declares a national
emergency under the National
Emergencies Act (50 U.S.C. Ch. 34,
section 1601 et seq.) and invokes the
International Emergency Economic
Powers Act (IEEPA) (50 U.S.C. 1701 et
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seq.) to take certain actions regarding
the unrestricted acquisition and use in
the United States of certain information
and communication technology and
services (ICTS) and classes of ICTS
designed, developed, manufactured, or
supplied by persons owned by,
controlled by, or subject to the
jurisdiction or direction of foreign
adversaries. E.O. 13873 authorizes the
Secretary, pursuant to IEEPA, to
prohibit certain ICTS transactions or
approve them subject to the
establishment of measures to mitigate
identified risks. To implement E.O.
13873, on January 19, 2021, the
Department published an interim final
rule (86 FR 4909) creating 15 CFR part
7, which sets forth definitions and
procedures for the Department to review
and determine whether ICTS
transactions involving entities with a
foreign adversary nexus and U.S.
entities present an undue risk of
sabotage to or subversion of the ICTS
supply chain, or an unacceptable risk to
U.S. persons or national security.
E.O. 14034 (86 FR 31423), elaborates
on measures to address the national
emergency declared in E.O. 13873 with
respect to the ICTS supply chain and
authorizes the Secretary to evaluate
connected software application
transactions that may pose an
unacceptable risk to the national
security of the United States or the
security and safety of U.S. persons. To
implement E.O. 14034, the Department
published a Final Rule (88 FR 39353)
that amended 15 CFR 7.1, 7.2, and 7.3.
In June 2023, consistent with the
Consolidated Appropriations Act for
Fiscal Year 2022, responsibility for
implementing the authorities in E.O.s
13873 and 14034, as described above,
was transferred by the Secretary to the
Deputy Under Secretary of Commerce
for Industry and Security, and OICTS
was established, with responsibilities
managed by an Executive Director who
reports to the Under Secretary of
Commerce for Industry and Security.
III. Establishment of Subchapter E in
Chapter VII and Realignment
Consistent with this transfer, this final
rule redesignates the regulations that
were promulgated as 15 CFR part 7 of
Subtitle A—‘‘Office of the Secretary of
Commerce’’—to Subtitle B—
‘‘Regulations Relating to Commerce and
Foreign Trade.’’ Within subtitle B,
chapter VII includes other regulations
that implement BIS authorities. This
final rule also establishes Subchapter E,
following Subchapter D, and creates a
new part 791 for OICTS’s regulations.
Subchapter E is titled ‘‘Information and
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Communications Technology and
Services Regulations.’’
The redesignation in this final rule
clarifies to the public that BIS, not the
Office of the Secretary, is responsible for
implementation of the ICTS regulations.
This shift in no way impacts the content
or text of current and proposed
regulations. Because of this, publication
of this final rule is merely procedural
and therefore advance notice and
opportunity for comment and delay in
effective date are unnecessary under the
Administrative Procedures Act (4 U.S.C.
553), because OICTS is making a
technical change in merely updating the
designation of existing regulations.
IV. Redesignation
This final rule redesignates all
sections of 15 CFR part 7 as 15 CFR part
791, which will be in the newly created
subchapter E of chapter VII. All sections
in 15 CFR part 7 will be designated
under 15 CFR part 791. Future
rulemakings by BIS OICTS will be
finalized in title 15, subtitle B, chapter
VII.
REDESIGNATIONS
Old section in 15 CFR,
subtitle A, part 7
New section in 15 CFR,
subtitle B, chapter VII,
newly established
subchapter E, part 791
Part 7
Part 791
Subpart A—General
7.1
7.2
7.3
7.4
7.5
7.6
7.7
...................................
...................................
...................................
...................................
...................................
...................................
...................................
Subpart B—Review of
ICTS Transaction
7.100
7.101
7.102
7.103
7.104
7.105
7.106
7.107
7.108
7.109
7.110
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
Subpart A—General
791.1
791.2
791.3
791.4
791.5
791.6
791.7
Subpart B—Review of
ICTS Transaction
791.100
791.101
791.102
791.103
791.104
791.105
791.106
791.107
791.108
791.109
791.110
Subpart C—Enforcement
Subpart C—Enforcement
7.200 ...............................
791.200
Rulemaking Requirements
1. This action has not been
determined to be significant under
Executive Order 12866, as it is a
technical redesignation that does not
materially affect the substance of the
underlying rule.
2. Notwithstanding any other
provision of law, no person is required
to respond to, nor shall any person be
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Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Rules and Regulations
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 action
does not impact any information
collection or recordkeeping
requirements under the PRA.
3. This rule does not contain policies
with federalism implications as that
term is defined in Executive Order
13132.
4. BIS finds good cause under 5 U.S.C.
553(b)(B) to waive prior notice and an
opportunity for public comment on this
action because this action merely redesignates existing regulatory text in the
Code of Federal Regulations and
therefore notice and comment are
unnecessary. Furthermore, because this
action makes no substantive changes, it
does not constitute a substantive rule,
and it is not subject to the requirement
for a 30-day delay in effective date
under 5 U.S.C. 553(d).
5. Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule by 5 U.S.C. 553, or
by any other law, the analytical
requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are
not applicable. Accordingly, no
regulatory flexibility analysis is
required, and none has been prepared.
List of Subjects in 15 CFR Parts 7 and
791
Administrative practice and
procedure, Business and industry,
Communications, Computer technology,
Critical infrastructure, Executive orders,
Foreign persons, Investigations,
National security, Penalties,
Technology, Telecommunications.
Subtitle A—Office of the Secretary of
Commerce
PART 7—SECURING THE
INFORMATION AND
COMMUNICATIONS TECHNOLOGY
AND SERVICES SUPPLY CHAIN
Part 791
Subpart A
Subpart A
§§ 7.1 through 7.7 ...........
Subpart B
§§ 7.100 through 7.110. ..
Subpart C
§ 7.200 ............................
§§ 791.1 through 791.7.
Subpart B
§§ 791.100 through
791.110
Subpart C
§ 791.102
Confidentiality of information.
3. In newly redesignated § 791.102
amend paragraph (c) by removing
‘‘§ 7.109 of this part’’ and adding
‘‘§ 791.109’’ in its place.
■
§ 791.103 Initial review of ICTS
Transactions.
4. In newly redesignated § 791.103:
a. Amend paragraph (a) by removing
‘‘§ 7.100(a)’’ and adding ‘‘§ 791.100(a)’’
in its place;
■ b. Amend paragraph (b) introductory
text by removing ‘‘§ 7.3(a) of this part’’
and adding ‘‘§ 791.3(a)’’ in its place; and
■ c. Amend paragraph (b)(2) by
removing ‘‘§ 7.100(a)’’ and adding
‘‘§ 791.100(a)’’ in its place.
■
■
§ 791.104
First interagency consultation.
5. In newly redesignated § 791.104,
remove ‘‘§ 7.103’’ and add ‘‘§ 791.103’’
in its place and remove the two
instances of ‘‘§ 7.103(c)’’ and add
‘‘§ 791.103(c)’’ in their place.
■
§ 791.105
Initial determination.
6. In newly redesignated § 791.105:
a. Amend paragraph (a) introductory
text by removing ‘‘§ 7.104’’ and adding
‘‘§ 791.104’’ in its place and removing
‘‘§ 7.103(c)’’ and adding ‘‘§ 791.103(c)’’
in its place;
■ b. Amend paragraph (b) introductory
text by removing ‘‘§ 7.104’’ and adding
‘‘§ 791.104’’ in its place and removing
the two instances of ‘‘§ 7.103(c)’’ and
adding ‘‘§ 791.103(c)’’ in their place.
■
■
§ 791.107 Procedures governing response
and mitigation.
Authority: 50 U.S.C. 1701 et seq.; 50 U.S.C.
1601 et seq.; E.O. 13873, 84 FR 22689; E.O.
14034, 86 FR 31423.
PART 7—[REDESIGNATED AS PART
791]
§ 791.108 Second interagency
consultation.
2. Redesignate part 7 as part 791,
according to the following table:
■
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Final determination.
9. In newly redesignated § 791.109,
amend paragraph (b) by removing
‘‘§ 7.103’’ and adding ‘‘§ 791.103’’ in its
place.
■ 10. Under the authority of section 301
of Title 5, United States Code, (5 U.S.C.
301) and Chapter 40 of Title 15 of the
United States Code (15 U.S.C. 1501 et
seq.), add subchapter E, consisting of
parts 790 through 799, to read as
follows:
■
7. In newly redesignated § 791.107:
a. Amend the introductory text by
removing ‘‘§ 7.105’’ and adding
‘‘§ 791.105’’ in its place;
■ b. Amend paragraph (d) by removing
‘‘§ 7.109’’ and adding ‘‘§ 791.109’’ in its
place; and
■ c. Amend paragraph (f) by removing
‘‘section 7.108 of this rule’’ and adding
‘‘§ 791.108’’ in its place.
1. The authority citation for part 7
continues to read as follows:
place and removing ‘‘§ 7.103(c)’’ and
adding ‘‘§ 791.103(c)’’ in its place;
■ b. Amend paragraph (b) by removing
‘‘§ 7.107’’ and adding ‘‘§ 791.107’’ in its
place and by adding ‘‘of this section’’
after ‘‘with paragraph (a)’’; and
■ c. Amend paragraph (d) by removing
‘‘§ 7.109’’ and adding ‘‘§ 791.109’’ in its
place.
§ 791.109
§ 791.200.
■
■
■
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Part 7
58265
8. In newly redesignated § 791.108:
a. Amend paragraph (a) by removing
‘‘§ 7.107’’ and adding ‘‘§ 791.107’’ in its
■
■
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Subchapter E—Information and
Communications Technology and
Services Regulations
PART 790 [RESERVED]
PART 791—SECURING THE
INFORMATION AND
COMMUNICATIONS TECHNOLOGY
AND SERVICES SUPPLY CHAIN.
PARTS 792–799 [RESERVED]
■
11. Transfer part 791 to subchapter E.
Elizabeth Cannon,
Executive Director for the Office of
Information and Communications
Technology and Services.
[FR Doc. 2024–15258 Filed 7–17–24; 8:45 am]
BILLING CODE 3510–20–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 734, 744 and 772
[Docket No. 240712–0190]
RIN 0694–AI06
Standards-Related Activities and the
Export Administration Regulations
Bureau of Industry and
Security, Commerce.
ACTION: Interim final rule with request
for comments.
AGENCY:
In this interim final rule, the
Bureau of Industry and Security (BIS)
amends the Export Administration
Regulations (EAR) to revise the scope
and the terms used in the EAR to
describe ‘‘standards-related activities’’
that are subject to the EAR. BIS is
making these revisions to ensure that
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 138 (Thursday, July 18, 2024)]
[Rules and Regulations]
[Pages 58263-58265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15258]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Office of the Secretary
15 CFR Part 7
Bureau of Industry and Security
15 CFR Part 791
[Docket No. 240620-0169]
RIN 0694-AJ71
Redesignation of Regulations for Securing the Information and
Communications Technology and Services Supply Chain
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule redesignates regulations governing the procedures
for the review of certain transactions involving information and
communications technology and services (ICTS) designed, developed,
manufactured, or supplied by persons owned by, controlled by, or
subject to the jurisdiction or direction of a foreign adversary and
which pose or may pose undue or unacceptable risks to the United States
or U.S. persons. This action reflects the transfer of responsibility
for implementing these regulations from the Secretary of Commerce to
the Bureau of Industry and Security (BIS), Office of Information and
Communications Technology and Services (OICTS).
DATES: This rule is effective July 18, 2024.
FOR FURTHER INFORMATION CONTACT: Rachel O'Meara, U.S. Department of
Commerce, telephone: (202) 482-4124, email: [email protected]. For
media inquiries: Jessica Stallone, Office of Congressional and Public
Affairs, Bureau of Industry and Security, U.S. Department of Commerce:
[email protected].
[[Page 58264]]
SUPPLEMENTARY INFORMATION:
I. Introduction
This final rule is a procedural action to redesignate U.S.
Department of Commerce (Department) regulations that govern the
procedures for the review of certain transactions involving ICTS
designed, developed, manufactured, or supplied by persons owned by,
controlled by, or subject to the jurisdiction or direction of a foreign
adversary and which pose or may pose undue or unacceptable risks to the
United States or U.S. persons. Responsibility for implementing these
regulations lies within the BIS's OICTS. This action moves regulations
from subtitle A in the Code of Federal Regulations (CFR), which is
generally reserved for Secretarial actions and Department-wide
activities and operations, to chapter VII in title 15 of the CFR, where
BIS regulations are located. Specifically, this action removes the
regulations in title 15, subtitle A, part 7 (under the ``Office of the
Secretary of Commerce''), reserving that part, and redesignates them as
title 15, subtitle B, chapter VII, part 791 (under the ``Bureau of
Industry and Security, Department of Commerce'').
The provisions being redesignated were originally administered by
the Office of the Secretary, but were formally transferred to BIS when
OICTS was established on March 15, 2022 (consistent with the
Consolidated Appropriations Act for Fiscal Year 2022). Therefore, the
Department is transferring the regulations to subtitle B, ``Regulations
Relating to Commerce and Foreign Trade,'' chapter VII, ``Bureau of
Industry and Security, Department of Commerce.'' title 15, subtitle B,
chapter VII regulations are specific to BIS authorities and processes.
This is a procedural change that does not impact any processes of the
Department or BIS, and will have no impact on any public or private
entity outside of BIS.
II. Background
The existing 15 CFR part 7 regulations, which are being
redesignated, implement Executive Orders (E.O.s), E.O. 13873,
``Securing the Information and Communications Technology and Services
Supply Chain'' (84 FR 22689, May 17, 2019) and E.O. 14034, ``Protecting
Americans' Sensitive Data From Foreign Adversaries'' (86 FR 31423, June
11, 2021).
E.O. 13873 declares a national emergency under the National
Emergencies Act (50 U.S.C. Ch. 34, section 1601 et seq.) and invokes
the International Emergency Economic Powers Act (IEEPA) (50 U.S.C. 1701
et seq.) to take certain actions regarding the unrestricted acquisition
and use in the United States of certain information and communication
technology and services (ICTS) and classes of ICTS designed, developed,
manufactured, or supplied by persons owned by, controlled by, or
subject to the jurisdiction or direction of foreign adversaries. E.O.
13873 authorizes the Secretary, pursuant to IEEPA, to prohibit certain
ICTS transactions or approve them subject to the establishment of
measures to mitigate identified risks. To implement E.O. 13873, on
January 19, 2021, the Department published an interim final rule (86 FR
4909) creating 15 CFR part 7, which sets forth definitions and
procedures for the Department to review and determine whether ICTS
transactions involving entities with a foreign adversary nexus and U.S.
entities present an undue risk of sabotage to or subversion of the ICTS
supply chain, or an unacceptable risk to U.S. persons or national
security.
E.O. 14034 (86 FR 31423), elaborates on measures to address the
national emergency declared in E.O. 13873 with respect to the ICTS
supply chain and authorizes the Secretary to evaluate connected
software application transactions that may pose an unacceptable risk to
the national security of the United States or the security and safety
of U.S. persons. To implement E.O. 14034, the Department published a
Final Rule (88 FR 39353) that amended 15 CFR 7.1, 7.2, and 7.3.
In June 2023, consistent with the Consolidated Appropriations Act
for Fiscal Year 2022, responsibility for implementing the authorities
in E.O.s 13873 and 14034, as described above, was transferred by the
Secretary to the Deputy Under Secretary of Commerce for Industry and
Security, and OICTS was established, with responsibilities managed by
an Executive Director who reports to the Under Secretary of Commerce
for Industry and Security.
III. Establishment of Subchapter E in Chapter VII and Realignment
Consistent with this transfer, this final rule redesignates the
regulations that were promulgated as 15 CFR part 7 of Subtitle A--
``Office of the Secretary of Commerce''--to Subtitle B--``Regulations
Relating to Commerce and Foreign Trade.'' Within subtitle B, chapter
VII includes other regulations that implement BIS authorities. This
final rule also establishes Subchapter E, following Subchapter D, and
creates a new part 791 for OICTS's regulations. Subchapter E is titled
``Information and Communications Technology and Services Regulations.''
The redesignation in this final rule clarifies to the public that
BIS, not the Office of the Secretary, is responsible for implementation
of the ICTS regulations. This shift in no way impacts the content or
text of current and proposed regulations. Because of this, publication
of this final rule is merely procedural and therefore advance notice
and opportunity for comment and delay in effective date are unnecessary
under the Administrative Procedures Act (4 U.S.C. 553), because OICTS
is making a technical change in merely updating the designation of
existing regulations.
IV. Redesignation
This final rule redesignates all sections of 15 CFR part 7 as 15
CFR part 791, which will be in the newly created subchapter E of
chapter VII. All sections in 15 CFR part 7 will be designated under 15
CFR part 791. Future rulemakings by BIS OICTS will be finalized in
title 15, subtitle B, chapter VII.
Redesignations
------------------------------------------------------------------------
Old section in 15 CFR, subtitle A, part 7 New section in 15 CFR,
------------------------------------------- subtitle B, chapter VII,
newly established subchapter
E, part 791
Part 7 -----------------------------
Part 791
------------------------------------------------------------------------
Subpart A--General Subpart A--General
------------------------------------------------------------------------
7.1....................................... 791.1
7.2....................................... 791.2
7.3....................................... 791.3
7.4....................................... 791.4
7.5....................................... 791.5
7.6....................................... 791.6
7.7....................................... 791.7
------------------------------------------------------------------------
Subpart B--Review of Subpart B--Review of
ICTS Transaction ICTS Transaction
------------------------------------------------------------------------
7.100..................................... 791.100
7.101..................................... 791.101
7.102..................................... 791.102
7.103..................................... 791.103
7.104..................................... 791.104
7.105..................................... 791.105
7.106..................................... 791.106
7.107..................................... 791.107
7.108..................................... 791.108
7.109..................................... 791.109
7.110..................................... 791.110
------------------------------------------------------------------------
Subpart C--Enforcement Subpart C--Enforcement
------------------------------------------------------------------------
7.200..................................... 791.200
------------------------------------------------------------------------
Rulemaking Requirements
1. This action has not been determined to be significant under
Executive Order 12866, as it is a technical redesignation that does not
materially affect the substance of the underlying rule.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be
[[Page 58265]]
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 action does not impact any information
collection or recordkeeping requirements under the PRA.
3. This rule does not contain policies with federalism implications
as that term is defined in Executive Order 13132.
4. BIS finds good cause under 5 U.S.C. 553(b)(B) to waive prior
notice and an opportunity for public comment on this action because
this action merely re-designates existing regulatory text in the Code
of Federal Regulations and therefore notice and comment are
unnecessary. Furthermore, because this action makes no substantive
changes, it does not constitute a substantive rule, and it is not
subject to the requirement for a 30-day delay in effective date under 5
U.S.C. 553(d).
5. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required, and none
has been prepared.
List of Subjects in 15 CFR Parts 7 and 791
Administrative practice and procedure, Business and industry,
Communications, Computer technology, Critical infrastructure, Executive
orders, Foreign persons, Investigations, National security, Penalties,
Technology, Telecommunications.
Subtitle A--Office of the Secretary of Commerce
PART 7--SECURING THE INFORMATION AND COMMUNICATIONS TECHNOLOGY AND
SERVICES SUPPLY CHAIN
0
1. The authority citation for part 7 continues to read as follows:
Authority: 50 U.S.C. 1701 et seq.; 50 U.S.C. 1601 et seq.; E.O.
13873, 84 FR 22689; E.O. 14034, 86 FR 31423.
PART 7--[REDESIGNATED AS PART 791]
0
2. Redesignate part 7 as part 791, according to the following table:
------------------------------------------------------------------------
Part 7 Part 791
------------------------------------------------------------------------
Subpart A Subpart A
------------------------------------------------------------------------
Sec. Sec. 7.1 through 7.7.............. Sec. Sec. 791.1 through
791.7.
------------------------------------------------------------------------
Subpart B Subpart B
------------------------------------------------------------------------
Sec. Sec. 7.100 through 7.110.......... Sec. Sec. 791.100 through
791.110
------------------------------------------------------------------------
Subpart C Subpart C
------------------------------------------------------------------------
Sec. 7.200.............................. Sec. 791.200.
------------------------------------------------------------------------
Sec. 791.102 Confidentiality of information.
0
3. In newly redesignated Sec. 791.102 amend paragraph (c) by removing
``Sec. 7.109 of this part'' and adding ``Sec. 791.109'' in its place.
Sec. 791.103 Initial review of ICTS Transactions.
0
4. In newly redesignated Sec. 791.103:
0
a. Amend paragraph (a) by removing ``Sec. 7.100(a)'' and adding
``Sec. 791.100(a)'' in its place;
0
b. Amend paragraph (b) introductory text by removing ``Sec. 7.3(a) of
this part'' and adding ``Sec. 791.3(a)'' in its place; and
0
c. Amend paragraph (b)(2) by removing ``Sec. 7.100(a)'' and adding
``Sec. 791.100(a)'' in its place.
Sec. 791.104 First interagency consultation.
0
5. In newly redesignated Sec. 791.104, remove ``Sec. 7.103'' and add
``Sec. 791.103'' in its place and remove the two instances of ``Sec.
7.103(c)'' and add ``Sec. 791.103(c)'' in their place.
Sec. 791.105 Initial determination.
0
6. In newly redesignated Sec. 791.105:
0
a. Amend paragraph (a) introductory text by removing ``Sec. 7.104''
and adding ``Sec. 791.104'' in its place and removing ``Sec.
7.103(c)'' and adding ``Sec. 791.103(c)'' in its place;
0
b. Amend paragraph (b) introductory text by removing ``Sec. 7.104''
and adding ``Sec. 791.104'' in its place and removing the two
instances of ``Sec. 7.103(c)'' and adding ``Sec. 791.103(c)'' in
their place.
Sec. 791.107 Procedures governing response and mitigation.
0
7. In newly redesignated Sec. 791.107:
0
a. Amend the introductory text by removing ``Sec. 7.105'' and adding
``Sec. 791.105'' in its place;
0
b. Amend paragraph (d) by removing ``Sec. 7.109'' and adding ``Sec.
791.109'' in its place; and
0
c. Amend paragraph (f) by removing ``section 7.108 of this rule'' and
adding ``Sec. 791.108'' in its place.
Sec. 791.108 Second interagency consultation.
0
8. In newly redesignated Sec. 791.108:
0
a. Amend paragraph (a) by removing ``Sec. 7.107'' and adding ``Sec.
791.107'' in its place and removing ``Sec. 7.103(c)'' and adding
``Sec. 791.103(c)'' in its place;
0
b. Amend paragraph (b) by removing ``Sec. 7.107'' and adding ``Sec.
791.107'' in its place and by adding ``of this section'' after ``with
paragraph (a)''; and
0
c. Amend paragraph (d) by removing ``Sec. 7.109'' and adding ``Sec.
791.109'' in its place.
Sec. 791.109 Final determination.
0
9. In newly redesignated Sec. 791.109, amend paragraph (b) by removing
``Sec. 7.103'' and adding ``Sec. 791.103'' in its place.
0
10. Under the authority of section 301 of Title 5, United States Code,
(5 U.S.C. 301) and Chapter 40 of Title 15 of the United States Code (15
U.S.C. 1501 et seq.), add subchapter E, consisting of parts 790 through
799, to read as follows:
Subchapter E--Information and Communications Technology and Services
Regulations
PART 790 [RESERVED]
PART 791--SECURING THE INFORMATION AND COMMUNICATIONS TECHNOLOGY
AND SERVICES SUPPLY CHAIN.
PARTS 792-799 [RESERVED]
0
11. Transfer part 791 to subchapter E.
Elizabeth Cannon,
Executive Director for the Office of Information and Communications
Technology and Services.
[FR Doc. 2024-15258 Filed 7-17-24; 8:45 am]
BILLING CODE 3510-20-P
