Unknown. Final rule; delay of implementation date
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/register/2017/02/01/2017-02164·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2017-02-01.xml --- 82 20 Wednesday, February 1, 2017 Contents Agriculture Agriculture Department See Farm Service Agency Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Funding Opportunity Announcement and Grant Application Instructions Template for ACL Discretionary Grant Programs, 8940-8941 2017-02210 Consumer Product Consumer Product Safety Commission PROPOSED RULES Portable Generators, 8907 2017-02061 NOTICES Requests for Information: Mattress Materials, 8923-8925 2017-02058 Employment and Training Employment and Training Administration NOTICES Meetings: Workforce Information Advisory Council, 8954-8955 2017-02075 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency NOTICES Meetings:
Good Neighbor Environmental Board, 8936-8937 2017-02146 Farm Credit Farm Credit Administration NOTICES Meetings; Sunshine Act, 8937 2017-02170 Farm Service Farm Service Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Power of Attorney, 8909 2017-02128 Federal Communications Federal Communications Commission PROPOSED RULES Petitions for Reconsideration of Action in Rulemaking Proceeding, 8907-8908 2017-02120 2017-02121 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 8937-8938 2017-02094 Meetings, 8938-8939 2017-02122 Federal Election Federal Election Commission NOTICES Meetings: Sunshine Act, 8939 2017-02229 Federal Emergency Federal Emergency Management Agency NOTICES Adjustment of Statewide Per Capita Indicator for Recommending a Cost Share Adjustment, 8946 2017-02071 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Empire District Electric Co., 8926-8927 2017-02068 North Baja Pipeline, LLC, 8925-8926 2017-02067 Combined Filings, 8933 2017-02085 Complaints:
Arkansas Public Service Commission, Mississippi Public Service Commission v. System Energy Resources, Inc., 8932 2017-02081 Environmental Assessments; Availability, etc.: Kinder Morgan Louisiana Pipeline, LLC, Sabine Pass Expansion Project, 8928-8930 2017-02066 Kinder Morgan Louisiana Pipeline, LLC; Sabine Pass Expansion Project, 8933-8935 2017-02084 Paiute Pipeline Co.; 2018 Expansion Project, 8930-8932 2017-02083 Hydroelectric Applications: Empire District Electric Co., 8927-8928 2017-02082 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:
Iron Horse Battery Storage, LLC, 8925 2017-02086 License Applications: Green Mountain Power Corp., 8935-8936 2017-02069 North Hartland, LLC, 8936 2017-02087 Federal Maritime Federal Maritime Commission RULES Rules of Practice and Procedure; Presentation of Evidence in Commission Proceedings, 8903 2017-02072 NOTICES Agreements Filed, 8939 2017-02148 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 8939 2017-02205 2017-02206 Federal Motor Federal Motor Carrier Safety Administration RULES Commercial Driver's License Requirements:
Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators, 8903 2017-02150 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 8940 2017-02063 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 8939-8940 2017-02062 Food and Drug Food and Drug Administration RULES Refuse to Accept Procedures for Premarket Tobacco Product Submissions, 8894 2017-02174 Health and Human Health and Human Services Department See Community Living Administration See Food and Drug Administration See National Institutes of Health NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 8941-8942 2017-02160 Homeland Homeland Security Department See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: FHA-Insured Mortgage Loan Servicing of Payments, Prepayments, Terminations, Assumptions and Transfers, 8947-8948 2017-02144 HUD-Owned Real Estate Sales Contract and Addendums, 8946-8947 2017-02145 Industry Industry and Security Bureau RULES Commerce Control List:
Removal of Certain Nuclear Nonproliferation Column 2 Controls, 8893-8894 2017-02164 Information Information Security Oversight Office NOTICES Meetings: National Industrial Security Program Policy Advisory Committee, 8956 2017-02151 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Meetings; Sunshine Act, 8956 2017-01972 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Certain Carbon and Alloy Steel Cut-to-Length Plate from Brazil, South Africa, and the Republic of Turkey, 8911-8915 2017-02204 Polyethylene Retail Carrier Bags from the People's Republic of China: Rescission of Administrative Review; 2015-2016, 8910-8911 2017-02109 Meetings: Environmental Technologies Trade Advisory Committee, 8909-8910 2017-02143 Renewable Energy and Energy Efficiency Advisory Committee, 8911 2017-02141 International Trade Com International Trade Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 8949-8951 2017-02070 Complaints: Certain Digital Television Set-Top Boxes, Remote Control Devices, and Components Thereof, 8948-8949 2017-02135 Investigations; Determinations, Modifications, and Rulings, etc.: Uranium from Russia; Five-Year Review, 8951-8953 2017-01995 Justice Department Justice Department RULES Formula Grant Program: Juvenile Justice and Delinquency Prevention Act, 8894-8895 2017-02139 NOTICES Consent Decrees: Proposed Consent Decrees under the Clean Water Act, 8953-8954 2017-02077 Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Notice to Employees of Coverage Options Under Fair Labor Standards Act Section 18B, 8955-8956 2017-02091 National Archives National Archives and Records Administration See Information Security Oversight Office RULES Records Subject to FOIA, 8901-8903 2017-00329 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Institute National Institutes of Health NOTICES Meetings:
Center for Scientific Review, 2017-02153 8943-8946 2017-02154 2017-02158 National Cancer Institute, 8944 2017-02156 National Institute of Allergy and Infectious Diseases, 8942 2017-02152 National Institute of Environmental Health Sciences, 8943-8944 2017-02155 2017-02159 National Institute of Mental Health, 8942-8943 2017-02157 National Mediation National Mediation Board RULES Access to Information, 8895-8901 2017-02103 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:
Pacific Cod by Catcher Vessels Greater than or Equal to 60 feet Length Overall Using Pot Gear in the Bering Sea and Aleutian Islands Management Area, 8904-8905 2017-02124 Pacific Cod by Pot Catcher/ Processors in the Bering Sea and Aleutian Islands Management Area, 8906 2017-02118 Pollock in Statistical Area 630 in Gulf of Alaska, 8904 2017-02119 Reallocation of Pacific Cod in Bering Sea and Aleutian Islands Management Area, 8905 2017-02142 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 2017-02131 8916, 8918, 8923 2017-02132 2017-02133 Meetings: Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review, 8917 2017-02106 Fisheries of the South Atlantic; Southeast Data, Assessment, and Review; Data scoping webinar for South Atlantic Black Sea Bass, 8918-8919 2017-02107 Gulf of Mexico Fishery Management Council, 8922-8923 2017-02100 New England Fishery Management Council, 8920-8921 2017-02108 2017-02112 2017-02117 North Pacific Fishery Management Council, 8916-8917, 8923 2017-02101 2017-02111 2017-02113 Pacific Fishery Management Council, 8915-8916, 8919-8921 2017-02104 2017-02105 2017-02114 Request for Applications:
Seats for National Marine Sanctuary Advisory Councils, 8921-8922 2017-01932 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Medical Use of Byproduct Material, 8959-8960 2017-02074 Guidance: Pressurized Water Reactor Control Rod Ejection and Boiling Water Reactor Control Rod Drop Accidents, 8958 2017-02073 License Applications; Amendments: Exelon Generation Company, LLC; Quad Cities Nuclear Power Station, Units 1 and 2, 8957-8958 2017-02127 License Applications;
Withdrawals: Entergy Nuclear Operations, Inc., James A. FitzPatrick Nuclear Power Plant, 8956-8957, 8959 2017-02129 2017-02130 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Occupational Exposure to Beryllium: Delay of Effective Date, 8901 2017-02149 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 8960 2017-02256 Presidential Documents Presidential Documents EXECUTIVE ORDERS Defense and National Security: Foreign Terrorists; Measures to Prevent U.S.
Entry (EO 13769), 8975-8982 2017-02281 ADMINISTRATIVE ORDERS Armed Forces, U.S.: Armed Forces, U.S.; Strengthening Efforts (Memorandum of January 27, 2017), 8983-8984 2017-02282 Presidio Presidio Trust NOTICES Meetings: Presidio Institute Advisory Council, 8960-8961 2017-02097 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8961-8962 2017-02064 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 2017-02098 8962-8963, 8968 2017-02099 Applications: StrongVest ETF Trust, et al., 8966-8968 2017-02080 Self-Regulatory Organizations; Proposed Rule Changes: Bats BZX Exchange, Inc., 8968-8970 2017-02088 NYSE Arca, Inc., 8963-8966 2017-02089 Surface Transportation Surface Transportation Board NOTICES Abandonment and Discontinuance of Service Exemptions: Boston and Maine Corp. in Merrimack County, NH; Springfield Terminal Railway Co. in Merrimack County, NH, 8970-8971 2017-02115 Transportation Department Transportation Department See Federal Motor Carrier Safety Administration Treasury Treasury Department See United States Mint U.S.
Mint United States Mint NOTICES Product Pricing: 2017 United States Mint Numismatic Products, 8971 2017-02126 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application and Renewal for Health Benefits and Request for Hardship Determination, 8971-8972 2017-02138 Supportive Services for Veteran Families
(SSVF)Program Application for Supportive Services Grant, 8972-8973 2017-02078 Separate Parts In This Issue Part II Presidential Documents, 8975-8984 2017-02282 2017-02281 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 82 20 Wednesday, February 1, 2017 Rules and Regulations DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 774 [Docket No. 160718621-7125-02] RIN 0694-AH04 Commerce Control List: Removal of Certain Nuclear Nonproliferation
(NP)Column 2 Controls AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule; delay of implementation date. SUMMARY: In accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled “Regulatory Freeze Pending Review,” published in the **Federal Register** on January 24, 2017 (the Memorandum), this action temporarily delays the implementation date of one revision implemented by the final rule entitled “Commerce Control List: Removal of Certain Nuclear Nonproliferation
(NP)Column 2 Controls” published by the Bureau of Industry and Security
(BIS)in the **Federal Register** on November 25, 2016. The final rule amended the Export Administration Regulations
(EAR)to remove nuclear nonproliferation
(NP)Column 2 license requirements from certain pressure tubes, pipes, fittings, pipe valves, pumps, numerically controlled machine tools, oscilloscopes, and transient recorders on the Commerce Control List (CCL). DATES: This rule is effective January 31, 2017. “Software” “specially designed” for the “development,” “production,” or “use” of items previously controlled under ECCN 3A292, as discussed in the final rule published in the **Federal Register** of November 25, 2016 (81 FR 85138), will continue to be classified and licensed by BIS under the designation EAR99 through a delayed date of March 21, 2017. As of March 22, 2017, such “software” will be classified and licensed by BIS under ECCN 3D991. FOR FURTHER INFORMATION CONTACT: Steven Clagett, Director, Nuclear and Missile Technology Controls Division, Office of Nonproliferation and Treaty Compliance, Bureau of Industry and Security, Telephone:
(202)482-1641. SUPPLEMENTARY INFORMATION: Background On November 25, 2016, the Bureau of Industry and Security
(BIS)published a final rule entitled “Commerce Control List: Removal of Certain Nuclear Nonproliferation
(NP)Column 2 Controls” (81 FR 85138) to amend the Export Administration Regulations
(EAR)to remove nuclear nonproliferation
(NP)Column 2 license requirements from certain pressure tubes, pipes, fittings, pipe valves, pumps, numerically controlled machine tools, oscilloscopes, and transient recorders on the Commerce Control List (CCL). These changes were intended to revise the EAR controls on these items by making them more consistent with the export controls of other countries that manufacture these items and that, together with the United States, are participating countries in the Nuclear Suppliers Group (NSG). As a result of the changes made by this rule, some of these items were no longer listed under an Export Control Classification Number
(ECCN)on the CCL. However, such items remain subject to the EAR under the designation EAR99. This rule also created four new ECCNs to maintain anti-terrorism
(AT)controls on certain affected commodities and related “software” and “technology.” All items subject to the EAR, regardless of whether they are listed on the CCL, may require a license for reasons described elsewhere in the EAR ( *e.g.,* license requirements based on end-user/end-use controls, embargoes, or other special controls). All but one of the changes made by this rule were implemented on the date of publication, November 25, 2016. A consequence of the amendment of ECCN 3A992 to add certain oscilloscopes and transient recorders under new paragraphs 3A992.d through .g, was that ECCN 3D991, which includes certain “software” for general purpose electronic equipment described in ECCN 3A992, then also controlled “software” for the “development,” “production,” or “use” of the oscilloscopes and transient recorders described in new 3A992.d through .g. Such “software” had been classified and licensed by BIS under the designation EAR99, and its classification under 3D991 imposed a foreign policy control on the “software” for anti-terrorism reasons. BIS must notify Congress before imposing such a control. This modification in the application of foreign policy controls under the EAR was addressed in BIS's “2017 Report on Foreign Policy-Based Export Controls,” submitted to the Congress in January 2017. Therefore, the November 25 rule delayed the implementation of this control through January 31, 2017. Effective February 1, 2017, such “software” would have been classified and licensed by BIS under ECCN 3D991 and would have required a license to destinations indicated under Anti-Terrorism
(AT)Column 1 on the Commerce Country Chart. Provisions of This Action This action delays the implementation date of the imposition of anti-terrorism controls on “software” “specially designed” for the “development,” “production,” or “use” of items previously controlled under ECCN 3A292 but reclassified by the November 25 rule. Such “software” had been classified and licensed by BIS under the designation EAR99; as a result of the November 25 rule, it will be classified and licensed by BIS under ECCN 3D991. The implementation date of this change had been January 31, 2017, but this action delays the implementation date to March 21, 2017. This action is issued in accordance with the Memorandum that required temporary postponement of rules that have been published in the **Federal Register** but have not yet taken effect, for 60 days from the date of the Memorandum for the purpose of reviewing questions of fact, law, and policy. Determination of Exemption From Notice and Comment To the extent that the requirements of 5 U.S.C. 553 apply to this action, there is good cause to exempt this action from notice and comment pursuant to 5 U.S.C. 553(b)(B). BIS is delaying the effective date for this action to give DOC officials the opportunity to further review and consider the revision, consistent with the Memorandum. The rule published November 25 containing the revision was exempt from notice and comment because it involved a military and foreign affairs function of the United States (See 5 U.S.C. 553(a)(1)). Given the imminence of the new effective date, seeking prior public comment on this temporary delay would be impractical, unnecessary, and also contrary to the public interest in the orderly promulgation and implementation of regulations. Dated: January 27, 2017. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. 2017-02164 Filed 1-31-17; 8:45 am]
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