[Federal Register Volume 76, Number 44 (Monday, March 7, 2011)]
[Rules and Regulations]
[Pages 12279-12280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5079]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 750
[Docket No. 110224164-1168-02]
RIN 0694-AF16
Amendment to the Export Administration Regulations: Application
Processing, Issuance, and Denial
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: In this final rule, the Bureau of Industry and Security (BIS)
amends the Export Administration Regulations (EAR) by clarifying the
Application Processing, Issuance, and Denial provisions concerning
BIS's authority to revise, suspend or revoke licenses.
DATES: This rule is effective March 2, 2011.
FOR FURTHER INFORMATION CONTACT: Sheila Quarterman, Bureau of Industry
and Security, Regulatory Policy Division, by phone at 202-482-2440, or
by e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
Amendment to the Export Administration Regulations: Part 750--
Application Processing, Issuance, and Denial
Part 750 of the EAR provides for the revision, suspension or
revocation of licenses whenever it is known that the EAR have been
violated or that a violation is about to occur. In this final rule, BIS
revises the first sentence in paragraph (a) of Section 750.8
(Revocation or suspension of licenses) by removing the phrase
``whenever it is known that the EAR have been violated or that a
violation is about to occur.'' Harmonization is an objective for
agencies under Executive Order 13563, which states: ``In developing
regulatory actions and identifying appropriate approaches, each agency
shall attempt
[[Page 12280]]
to promote such coordination, simplification, and harmonization.'' This
change will clarify BIS's authority to revise, suspend, or revoke
licenses and will harmonize Section 750.8(a) of the EAR, concerning
licenses, with an analogous provision in Section 740.2(b) regarding the
revision, suspension or revocation of license exceptions under the EAR.
BIS makes this change in Part 750 to make it clear and consistent with
Sec. 740.2(b) that the United States' ability to revoke or suspend a
license is not limited to only when the EAR have been violated or that
a violation is about to occur but also to prevent licensed export
transactions in which the United States may subsequently have an
interest, including a foreign policy interest.
Since August 21, 2001, the Export Administration Act has been in
lapse and the President, through Executive Order 13222 of August 17,
2001 (3 CFR, 2001 Comp., p. 783 (2002)), as extended most recently by
the Notice of August 16, 2010 (75 FR 50681, August 16, 2010), has
continued the EAR in effect under the International Emergency Economic
Powers Act. BIS continues to carry out the provisions of the Act, as
appropriate and to the extent permitted by law, pursuant to Executive
Order 13222.
Rulemaking Requirements
1. This final rule has been determined to be significant for the
purposes of Executive Order 12866.
2. Notwithstanding any other provisions of law, no person is
required to respond to nor 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 a collection of information and, therefore, does not implicate
requirements of the PRA.
3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
4. The Department finds that the provisions of the Administrative
Procedure Act (5 U.S.C. 553) requiring prior notice, the opportunity
for public participation, and a delay in effective date are
inapplicable because this regulation involves a military and foreign
affairs function of the United States (5 U.S.C. 553(a)(1)) or, in the
alternative, the Department for good cause finds that prior notice and
opportunity for public comment are contrary to the public interest (5
U.S.C. 553(b)(B)). It is contrary to the public interest to delay
clarifying the Department's authority to revise, suspend or revoke
licenses because this delay may allow for the occurrence of certain
export transactions that the United States has an interest, including a
foreign policy interest, in preventing. Therefore, this regulation is
issued in final form. In addition, the Department finds good cause
under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness for
the reasons provided above. Accordingly, this regulation is made
effective immediately upon publication.
No other law requires that a notice of proposed rulemaking and an
opportunity for public comments be given for this final rule. Because a
notice of proposed rulemaking and an opportunity for public comment are
not required to be given for this rule under the Administrative
Procedure Act or by any other law, the analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable.
List of Subjects in 15 CFR Part 750
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
Accordingly, part 750 of the Export Administration Regulations (15
CFR Parts 730-774) is amended as follows:
PART 750--[AMENDED]
0
1. The authority citation for 15 CFR Part 750 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
Sec 1503, Pub. L. 108-11, 117 Stat. 559: E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; Presidential Determination 2003-21 of May 7, 2003, 68 FR
26459, May 16, 2003; Notice of August 12, 2010, 75 FR 50681 (August,
16, 2010).
Sec. 750.8 [Amended]
0
2. The first sentence of paragraph (a) of Sec. 750.8 is amended by
removing the text ``whenever it is known that the EAR have been
violated or that a violation is about to occur.''
Dated: March 2, 2011.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2011-5079 Filed 3-2-11; 4:15 pm]
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