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Start Preamble
AGENCY:
Bureau of Industry and Security, Commerce.
ACTION:
Final rule.
SUMMARY:
This rule updates the Code of Federal Regulations (CFR) legal authority citations in the National Security Industrial Base Regulations (NSIBR) and the Export Administration Regulations (EAR). The citation updates reflect recent editorial reclassifications within the United States Code, the repeal of certain statutory authorities, the continuation of an emergency declared in an executive order, and minor stylistic edits. This is a non-substantive rule that only updates legal authority paragraphs of the NSIBR and the EAR. It does not alter any right, obligation or prohibition that applies to any person under the NSIBR or the EAR.
DATES:
The rule is effective February 29, 2016.
Start Further InfoFOR FURTHER INFORMATION CONTACT:
William Arvin, Regulatory Policy Division, Bureau of Industry and Security, Telephone: (202) 482-2440.
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY INFORMATION:
Background
Authority for various parts of 15 CFR Chapter VII is based on the Defense Production Act of 1950 as amended, the Military Selective Service Act, the Export Administration Act of 1979 as amended and the Trading with the Enemy Act. This rule updates authority citations in 15 CFR Chapter VII to include the most recent applicable United States Code (“U.S.C.”) citations for those statutes. Additionally, the authority for parts 730 and 744 of that chapter rests, in part, on Executive Order 12947—Prohibiting Transactions With Respect to Terrorists Who Threaten To Disrupt the Middle East Peace Process (60 FR 5079, 3 CFR, 1995 Comp., p. 356) and on the annual notice continuing the emergency declared in that executive order. This rule updates the authority citations for those parts to cite the most recent such notice. This rule also removes citations to Section 103 of the Energy Policy and Conservation Act, which has been repealed, and adds citations to the Annual Compilation of Presidential Documents for Presidential documents that have been compiled therein. Finally, this rule makes stylistic edits to conform citations to the style prescribed in the Federal Register Document Drafting Handbook.
The specific reasons for the revisions are as follows:
- Parts 700, 701 and 702 to cite the most recent U.S.C. codification of the Defense Production Act of 1950 as amended;
- Part 700 to cite the most recent U.S.C. codification of the Military Selective Service Act;
- Parts 730 through 744 and 746 through 774 to cite the most recent U.S.C. codification of the Export Administration Act;
- Parts 730, 738, 754 and 774 to remove the citation to Section 103 of the Energy Policy and Conservation Act, 42 U.S.C. 6212, which dealt with, inter alia, restrictions on exports of crude oil and has been repealed;
- Parts 730, 738 and 774 to cite the most recent U.S.C. codification of the Trading With the Enemy Act;
- Parts 730 and 744 to cite the presidential notice of January 22, 2016 continuing the emergency declared in E.O. 12947; and
- Parts 743, 746, 747 and 750 to cite the Title 3 CFR Annual Compilation of Presidential Documents for Presidential documents that have been compiled therein.
All other changes to the authority citations made by this rule are stylistic changes made to conform to the style of the Federal Register Document Drafting Handbook.
This rule is purely procedural, and makes no changes other than to revise CFR authority paragraphs for the purpose of making the authority citations current and to conform to Federal Register Document Drafting Handbook style. It does not change the text of any section of Chapter VII nor does it alter any right, obligation or prohibition that applies to any person under that chapter.
Rulemaking Requirements
1. 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). This rule does not impose any regulatory burden on the public and is consistent with the goals of Executive Order 13563. This rule has been determined to be not significant for purposes of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be 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 rule does not involve any collection of information.
3. This rule does not contain policies with Federalism implications as that term is defined under Executive Order 13132.
4. The Department finds that there is good cause under 5 U.S.C. 553(b)(B) to waive the provisions of the Administrative Procedure Act requiring prior notice and the opportunity for public comment because they are unnecessary. This rule only updates legal authority citations. It clarifies information and is non-discretionary. This rule does not alter any right, obligation or prohibition that applies to any person under the EAR. Because these revisions are not substantive changes, it is unnecessary to provide notice and opportunity for public comment. In addition, the 30-day delay in effectiveness otherwise required by 5 U.S.C. 553(d) is not applicable because this rule is not a substantive rule. Because neither the Administrative Procedure Act nor any other law requires that notice of proposed rulemaking and an opportunity for public comment be given for this rule, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, no Final Regulatory Flexibility Analysis is required and none has been prepared.
Start List of SubjectsList of Subjects
15 CFR Part 700
- Administrative practice and procedure
- Business and industry
- Government contracts
- National defense
- Reporting and recordkeeping requirements
- Strategic and critical materials
15 CFR Part 701
- Administrative practice and procedure
- Arms and munitions
- Business and industry
- Exports
- Government contracts
- Reporting and recordkeeping requirements
15 CFR Part 702
- Business and industry
- Confidential business information
- Employment
- National defense
- Penalties
- Research
- Science and technology
15 CFR Part 705
- Administrative practice and procedure
- Business and industry
- Classified information
- Confidential business information
- Investigations
- National defense
15 CFR Part 730
- Administrative practice and procedure
- Advisory committees
- Exports
- Reporting and recordkeeping requirements
- Strategic and critical materials
15 CFR Parts 732, 740, 748, 750, and 758
- Administrative practice and procedure
- Exports
- Reporting and recordkeeping requirements
15 CFR Part 734
- Administrative practice and procedure
- Exports
- Inventions and patents
- Research
- Science and technology
15 CFR Parts 736, 738, 770, and 772
- Exports
15 CFR Part 742
- Exports
- Terrorism
15 CFR Part 743
- Administrative practice and procedure
- Reporting and recordkeeping requirements
15 CFR Part 744
- Exports
- Reporting and recordkeeping requirements
- Terrorism
15 CFR Parts 746 and 774
- Exports
- Reporting and recordkeeping requirements
15 CFR Part 747
- Administrative practice and procedure
- Exports
- Foreign trade
- Reporting and recordkeeping requirements
15 CFR Part 754
- Agricultural commodities
- Exports
- Forests and forest products
- Horses
- Petroleum
- Reporting and recordkeeping requirements
15 CFR Part 756
- Administrative practice and procedure
- Exports
- Penalties
15 CFR Part 760
- Boycotts
- Exports
- Reporting and recordkeeping requirements
15 CFR Part 762
- Administrative practice and procedure
- Business and industry
- Confidential business information
- Exports
- Reporting and recordkeeping requirements
15 CFR Part 764
- Administrative practice and procedure
- Exports
- Law enforcement
- Penalties
15 CFR Part 766
- Administrative practice and procedure
- Confidential business information
- Exports
- Law enforcement
- Penalties
15 CFR Part 768
- Administrative practice and procedure
- Exports
- Reporting and recordkeeping requirements
- Science and technology
Accordingly, 15 CFR Chapter VII is amended as follows:
Start PartPART 700—[AMENDED]
End Part Start Amendment Part1. The authority citation for 15 CFR part 700 is revised to read as follows:
End Amendment Part Start PartPART 701—[AMENDED]
End Part Start Amendment Part2. The authority citation for 15 CFR part 701 is revised to read as follows:
End Amendment Part Start PartPART 702—[AMENDED]
End Part Start Amendment Part3. The authority citation for 15 CFR part 702 is revised to read as follows:
End Amendment Part Start PartPART 705—[AMENDED]
End Part Start Amendment Part4. The authority citation for 15 CFR part 705 is revised to read as follows:
End Amendment Part Start PartPART 730—[AMENDED]
End Part Start Amendment Part5. The authority citation for 15 CFR part 730 is revised to read as follows:
End Amendment Part Start PartPART 732—[AMENDED]
End Part Start Amendment Part6. The authority citation for 15 CFR part 732 is revised to read as follows:
End Amendment Part Start PartPART 734—[AMENDED]
End Part Start Amendment Part7. The authority citation for 15 CFR part 734 is revised to read as follows:
End Amendment Part Start PartPART 736—[AMENDED]
End Part Start Amendment Part8. The authority citation for 15 CFR part 736 is revised to read as follows:
End Amendment Part Start PartPART 738—[AMENDED]
End Part Start Amendment Part9. The authority citation for 15 CFR part 738 is revised to read as follows:
End Amendment Part Start PartPART 740—[AMENDED]
End Part Start Amendment Part10. The authority citation for 15 CFR part 740 is revised to read as follows:
End Amendment Part Start PartPART 742—[AMENDED]
End Part Start Amendment Part11. The authority citation for 15 CFR part 742 is revised to read as follows:
End Amendment Part Start PartPART 743—[AMENDED]
End Part Start Amendment Part12. The authority citation for 15 CFR part 743 is revised to read as follows:
End Amendment Part Start PartPART 744—[AMENDED]
End Part Start Amendment Part13. The authority citation for 15 CFR part 744 is revised to read as follows:
End Amendment Part Start PartPART 746—[AMENDED]
End Part Start Amendment Part14. The authority citation for 15 CFR part 746 is revised to read as follows:
End Amendment Part Start PartPART 747—[AMENDED]
End Part Start Amendment Part15. The authority citation for 15 CFR part 747 is revised to read as follows:
End Amendment Part Start PartPART 748—[AMENDED]
End Part Start Amendment Part16. The authority citation for 15 CFR part 748 is revised to read as follows:
End Amendment Part Start PartPART 750—[AMENDED]
End Part Start Amendment Part17. The authority citation for 15 CFR part 750 is revised to read as follows:
End Amendment Part Start PartPART 754—[AMENDED]
End Part Start Amendment Part18. The authority citation for 15 CFR part 754 is revised to read as follows:
End Amendment Part Start PartPART 756—[AMENDED]
End Part Start Amendment Part19. The authority citation for 15 CFR part 756 is revised to read as follows:
End Amendment Part Start PartPART 758—[AMENDED]
End Part Start Amendment Part20. The authority citation for 15 CFR part 758 is revised to read as follows:
End Amendment Part Start PartPART 760—[AMENDED]
End Part Start Amendment Part21. The authority citation for 15 CFR part 760 is revised to read as follows:
End Amendment Part Start PartPART 762—[AMENDED]
End Part Start Amendment Part22. The authority citation for 15 CFR part 762 is revised to read as follows:
End Amendment Part Start PartPART 764—[AMENDED]
End Part Start Amendment Part23. The authority citation for 15 CFR part 764 is revised to read as follows:
End Amendment Part Start PartPART 766—[AMENDED]
End Part Start Amendment Part24. The authority citation for 15 CFR part 766 is revised to read as follows:
End Amendment Part Start Part Start Printed Page 10086PART 768—[AMENDED]
End Part Start Amendment Part25. The authority citation for 15 CFR part 768 is revised to read as follows:
End Amendment Part Start PartPART 770—[AMENDED]
End Part Start Amendment Part26. The authority citation for 15 CFR part 770 is revised to read as follows:
End Amendment Part Start PartPART 772—[AMENDED]
End Part Start Amendment Part27. The authority citation for 15 CFR part 772 is revised to read as follows:
End Amendment Part Start PartPART 774—[AMENDED]
End Part Start Amendment Part28. The authority citation for 15 CFR part 774 is revised to read as follows:
End Amendment Part Start SignatureDated: February 23, 2016.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2016-04324 Filed 2-26-16; 8:45 am]
BILLING CODE 3510-33-P
Document Information
- Effective Date:
- 2/29/2016
- Published:
- 02/29/2016
- Department:
- Industry and Security Bureau
- Entry Type:
- Rule
- Action:
- Final rule.
- Document Number:
- 2016-04324
- Dates:
- The rule is effective February 29, 2016.
- Pages:
- 10083-10086 (4 pages)
- Docket Numbers:
- Docket No. 160212107-6107-01
- RINs:
- 0694-AG84
- Topics:
- Administrative practice and procedure, Advisory committees, Agricultural commodities, Arms and munitions, Boycotts, Business and industry, Classified information, Confidential business information, Employment, Exports, Foreign trade, Forests and forest products, Government contracts, Horses, Inventions and patents, Investigations, Law enforcement, National defense, Penalties, Petroleum, Reporting and recordkeeping requirements, Research, Science and technology, Strategic and critical materials, ...
- PDF File:
- 2016-04324.pdf
- CFR: (28)
- 15 CFR 700
- 15 CFR 701
- 15 CFR 702
- 15 CFR 705
- 15 CFR 730
- More ...