1766 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations 

3See footnote 1. 

4See footnote 1. 

5See footnote 1. 

6See footnote 1. 

7See footnote 1. 

8See footnote 1. 

9See footnote 1. 

10See footnote 1. 

11See footnote 1. 

12See footnote 1. 

13See footnote 1. 

14See footnote 1. 

15See footnote 1. 

16See footnote 1. 

17See footnote 1. 

18See footnote 1. 

19See footnote 1. 

(8) 16 U.S.C. 971f(a), Atlantic Tunas 

Convention Act of 1975,3 violation, 

maximum from $192,768 to $195,047. 

(9) 16 U.S.C. 973f(a), South Pacific 

Tuna Act of 1988 (1988), violation, 

maximum from $535,243 to $541,570. 

(10) 16 U.S.C. 1174(b), Fur Seal Act 

Amendments of 1983 (1983), violation, 

maximum from $25,479 to $25,780. 

(11) 16 U.S.C. 1375(a)(1), Marine 

Mammal Protection Act of 1972 (1972), 

violation, maximum from $29,755 to 

$30,107. 

(12) 16 U.S.C. 1385(e), Dolphin 

Protection Consumer Information Act,4

violation, maximum from $192,768 to 

$195,047. 

(13) 16 U.S.C. 1437(d)(1), National 

Marine Sanctuaries Act (1992), 

violation, maximum from $181,484 to 

$183,629. 

(14) 16 U.S.C. 1540(a)(1), Endangered 

Species Act of 1973: 

(i) Violation as specified (1988), 

maximum from $53,524 to $54,157. 

(ii) Violation as specified (1988), 

maximum from $25,691 to $25,995. 

(iii) Otherwise violation (1978), 

maximum from $1,759 to $1,780. 

(15) 16 U.S.C. 1858(a), MagnusonStevens Fishery Conservation and 

Management Act (1990), violation, 

maximum from $192,768 to $195,047. 

(16) 16 U.S.C. 2437(a), Antarctic 

Marine Living Resources Convention 

Act of 1984,5 violation, maximum from 

$192,768 to $195,047. 

(17) 16 U.S.C. 2465(a), Antarctic 

Protection Act of 1990,6 violation, 

maximum from $192,768 to $195,047. 

(18) 16 U.S.C. 3373(a), Lacey Act 

Amendments of 1981 (1981): 

(i) 16 U.S.C. 3373(a)(1), violation, 

maximum from $27,553 to $27,879. 

(ii) 16 U.S.C. 3373(a)(2), violation, 

maximum from $689 to $697. 

(19) 16 U.S.C. 3606(b)(1), Atlantic 

Salmon Convention Act of 1982,7

violation, maximum from $192,768 to 

$194,047. 

(20) 16 U.S.C. 3637(b), Pacific Salmon 

Treaty Act of 1985,8 violation, 

maximum from $192,768 to $195,047. 

(21) 16 U.S.C. 4016(b)(1)(B), Fish and 

Seafood Promotion Act of 1986 (1986); 

violation, minimum from $1,166 to 

$1,180; maximum from $11,665 to 

$11,803. 

(22) 16 U.S.C. 5010, North Pacific 

Anadromous Stocks Act of 1992,9

violation, maximum from $192,768 to 

$195,047. 

(23) 16 U.S.C. 5103(b)(2), Atlantic 

Coastal Fisheries Cooperative 

Management Act,10 violation, maximum 

from $192,768 to $195,047. 

(24) 16 U.S.C. 5154(c)(1), Atlantic 

Striped Bass Conservation Act,11

violation, maximum from $192,768 to 

$195,047. 

(25) 16 U.S.C. 5507(a), High Seas 

Fishing Compliance Act of 1995 (1995), 

violation, maximum from $167,433 to 

$169,412. 

(26) 16 U.S.C. 5606(b), Northwest 

Atlantic Fisheries Convention Act of 

1995,12 violation, maximum from 

$192,768 to $195,047. 

(27) 16 U.S.C. 6905(c), Western and 

Central Pacific Fisheries Convention 

Implementation Act,13 violation, 

maximum from $192,768 to $195,047. 

(28) 16 U.S.C. 7009(c) and (d), Pacific 

Whiting Act of 2006,14 violation, 

maximum from $192,768 to $195,047. 

(29) 22 U.S.C. 1978(e), Fishermen’s 

Protective Act of 1967 (1971): 

(i) Violation, maximum from $29,755 

to $30,107. 

(ii) Subsequent violation, maximum 

from $87,913 to $88,952. 

(30) 30 U.S.C. 1462(a), Deep Seabed 

Hard Mineral Resources Act (1980), 

violation, maximum, from $75,867 to 

$76,764. 

(31) 42 U.S.C. 9152(c), Ocean Thermal 

Energy Conversion Act of 1980 (1980), 

violation, maximum from $75,867 to 

$76,764. 

(32) 16 U.S.C. 1827a, Billfish 

Conservation Act of 2012,15 violation, 

maximum from $192,768 to $195,047. 

(33) 16 U.S.C. 7407(b), Port State 

Measures Agreement Act of 2015,16

violation, maximum from $192,768 to 

$195,047. 

(34) 16 U.S.C. 1826g(f), High Seas 

Driftnet Fishing Moratorium Protection 

Act,17 violation, maximum from 

$192,768 to $195,047. 

(35) 16 U.S.C. 7705, Ensuring Access 

to Pacific Fisheries Act,18 violation, 

maximum from $192,768 to $195,047. 

(36) 16 U.S.C. 7805, Ensuring Access 

to Pacific Fisheries Act,19 violation, 

maximum from $192,768 to $195,047. 

(g) National Technical Information 

Service. 42 U.S.C. 1306c(c), Bipartisan 

Budget Act of 2013 (2013), violation, 

minimum from $1,000 to $1,012; 

maximum total penalty on any person 

for any calendar year, excluding willful 

or intentional violations from $250,000 

to $252,955. 

§ 6.4 Effective date of adjustments for 

inflation to civil monetary penalties. 

The Department of Commerce’s 2021 

adjustments for inflation made by § 6.3, 

of the civil monetary penalties there 

specified, are effective on January 15, 

2021, and said civil monetary penalties, 

as thus adjusted by the adjustments for 

inflation made by § 6.3, apply only to 

those civil monetary penalties, 

including those whose associated 

violation predated such adjustment, 

which are assessed by the Department of 

Commerce after the effective date of the 

new civil monetary penalty level, and 

before the effective date of any future 

adjustments for inflation to civil 

monetary penalties thereto made 

subsequent to January 15, 2021 as 

provided in § 6.5. 

§ 6.5 Subsequent annual adjustments for 

inflation to civil monetary penalties. 

The Secretary of Commerce or his or 

her designee by regulation shall make 

subsequent adjustments for inflation to 

the Department of Commerce’s civil 

monetary penalties annually, which 

shall take effect not later than January 

15, notwithstanding section 553 of title 

5, United States Code. 

[FR Doc. 2020–29024 Filed 1–8–21; 8:45 am] 

BILLING CODE 3510–DP–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 201214–0340] 

RIN 0694–AI39 

Revisions to the Unverified List (UVL) 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is amending the Export 

Administration Regulations (EAR) by 

removing three (3) persons from the 

Unverified List (UVL). The three 

persons are removed from the UVL on 

the basis that BIS was able to verify 

their bona fides (i.e., legitimacy and 

reliability relating to the end use and 

end user of items subject to the EAR) 

through successful end-use checks. 

DATES: This rule is effective January 11, 

2021. 


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Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations 1767 

FOR FURTHER INFORMATION CONTACT: 

Kevin Kurland, Director, Office of 

Enforcement Analysis, Bureau of 

Industry and Security, Department of 

Commerce, Phone: (202) 482–4255 or by 

email at UVLRequest@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Unverified List (UVL), found in 

Supplement No. 6 to part 744 of the 

Export Administration Regulations (15 

CFR parts 730 through 774) (EAR), 

contains the names and addresses of 

foreign persons who are or have been 

parties to a transaction, as such parties 

are described in § 748.5 of the EAR, 

involving the export, reexport, or 

transfer (in-country) of items subject to 

the EAR, and whose bona fides the 

Bureau of Industry and Security (BIS) 

has been unable to verify through an 

end-use check. BIS may add persons to 

the UVL when BIS or federal officials 

acting on BIS’s behalf have been unable 

to verify a foreign person’s bona fides 

because an end-use check, such as a prelicense check (PLC) or a post-shipment 

verification (PSV), cannot be completed 

satisfactorily for reasons outside the 

U.S. Government’s control. 

There are a number of reasons why 

end-use checks cannot be completed. 

These include but are not limited to 

reasons unrelated to the cooperation of 

the foreign party subject to the end-use 

check. For example, BIS sometimes 

initiates end-use checks and cannot find 

a foreign party at the address indicated 

on export documents and cannot locate 

the party by telephone or email. 

Additionally, BIS sometimes is unable 

to conduct end-use checks when host 

government agencies do not respond to 

requests to conduct end-use checks, 

prevent the scheduling of such checks, 

or refuse to schedule them in a timely 

manner. Under these circumstances, 

although BIS has an interest in 

informing the public of its inability to 

verify the foreign party’s bona fides, 

there may not be sufficient information 

to add the foreign person at issue to the 

Entity List (Supplement No. 4 to part 

744 of the EAR) under § 744.11 of the 

EAR (see paragraph (b), Criteria for 

revising the Entity List), or under 

another provision of the EAR. In such 

circumstances, BIS may add the foreign 

person to the UVL. 

Furthermore, BIS sometimes is able to 

conduct end-use checks but cannot 

verify the bona fides of a foreign party. 

For example, BIS may be unable to 

verify bona fides if, during the conduct 

of an end-use check, a recipient of items 

subject to the EAR is unable to produce 

the items that are the subject of the enduse check for visual inspection or 

provide sufficient documentation or 

other evidence to confirm the 

disposition of the items. The inability of 

foreign persons subject to end-use 

checks to demonstrate their bona fides 

raises concerns about the suitability of 

such persons as participants in future 

exports, reexports, or transfers (incountry) of items subject to the EAR and 

indicates a risk that such items may be 

diverted to prohibited end uses and/or 

end users. However, in such 

circumstances, BIS may not have 

sufficient information to establish that 

such persons are involved in activities 

described in parts 744 or 746 of the 

EAR, therefore preventing the 

placement of the persons on the Entity 

List. In such circumstances, the foreign 

persons may be added to the UVL. 

As provided in § 740.2(a)(17) of the 

EAR, the use of license exceptions for 

exports, reexports, and transfers (incountry) involving a party or parties to 

the transaction who are listed on the 

UVL is suspended. Additionally, under 

§ 744.15(b) of the EAR, there is a 

requirement for exporters, reexporters, 

and transferors to obtain (and keep a 

record of) a UVL statement from a party 

or parties to the transaction who are 

listed on the UVL before proceeding 

with exports, reexports, and transfers 

(in-country) to such persons, when the 

exports, reexports and transfers (incountry) are not subject to a license 

requirement. 

Requests for removal of a UVL entry 

must be made in accordance with 

§ 744.15(d) of the EAR. Decisions 

regarding the removal or modification of 

UVL listings will be made by the Deputy 

Assistant Secretary for Export 

Enforcement, based on a demonstration 

by the listed person of its bona fides. 

Changes to the EAR 

Supplement No. 6 to Part 744 (‘‘the 

Unverified List’’ or ‘‘UVL’’) 

This rule removes three persons from 

the UVL. BIS is removing these persons 

pursuant to § 744.15(c)(2) of the EAR 

based on the successful completion of 

end-use checks that resulted in the 

verification of their bona fides. This 

final rule implements the decision of 

the Acting Deputy Assistant Secretary 

for Export Enforcement to remove the 

following three persons located in 

Germany and Mexico from the UVL: 

Germany: 

• DMA Logistics GmbH, Max PlanckStrasse 1, Unna, Germany; and 

• Halm Elektronik GmbH, Burgstrasse 

106, Frankfurt am Main, Germany 

Mexico: 

• Integrated Production and Test 

Engineering, a.k.a. IPTE, Calle 

Alambiques 975—9, Parque Industrial el 

A ́ lamo, Guadalajara, Jalisco 44490, 

Mexico 

Export Control Reform Act of 2018 

On August 13, 2018, the President 

signed into law the John S. McCain 

National Defense Authorization Act for 

Fiscal Year 2019, which included the 

Export Control Reform Act of 2018 

(ECRA) (codified, as amended, at 50 

U.S.C. 4801 through 4852). ECRA 

provides the legal basis for BIS’s 

principal authorities and serves as the 

authority under which BIS issues this 

rule. 

Rulemaking Requirements 

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). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has been designated as ‘‘not significant’’ 

for purposes of Executive Order 12866. 

This rule is not an Executive Order 

13771 regulatory action because this 

rule is not significant under Executive 

Order 12866. 

This rule does not contain policies 

with Federalism implications as that 

term is defined in Executive Order 

13132. 

Pursuant to section 1762 of the Export 

Control Reform Act of 2018 (50 U.S.C. 

4821) this action is exempt from the 

Administrative Procedure Act (5 U.S.C. 

553) requirements for notice of 

proposed rulemaking, opportunity for 

public participation, and delay in 

effective date. The analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

not applicable because no general notice 

of proposed rulemaking was required 

for this action. Accordingly, no 

regulatory flexibility analysis is 

required, and none has been prepared. 

Notwithstanding any other provision 

of law, no person is required to respond 

to, nor is 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 regulation involves collections 

previously approved by OMB under the 


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1768 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations 

following control numbers: 0694–0088 

(Simplified Network Application 

Processing+ System (SNAP+) and the 

Multipurpose Export License 

Application), 0694–0122 (Licensing 

Responsibilities and Enforcement), and 

0694–0137 (License Exceptions and 

Exclusions). Collection 0694–0088 

includes, among other things, license 

applications, and carries a burden 

estimate of 42.5 minutes for a manual or 

electronic submission for a total burden 

estimate of 31,878 hours. 

This rule will not change public 

burden in a collection of information 

approved by OMB under control 

number 0694–0088. The restoration of 

license exceptions for listed persons on 

the Unverified List will result in 

decreased license applications being 

submitted to BIS by exporters. The 

removal of license exceptions for listed 

persons on the Unverified List will 

potentially result in increased license 

applications being submitted to BIS by 

exporters. Total burden hours associated 

with the Paperwork Reduction Act and 

OMB control number 0694–0088 are 

expected not to change, as the 

restoration of some license exceptions 

and the restriction of other license 

exceptions will only affect transactions 

involving persons removed from or 

added to the Unverified List and not all 

export transactions. Because license 

exception eligibility is restored for these 

entities removed from the UVL, this rule 

increases public burden in a collection 

of information approved by OMB under 

control number 0694–0137 minimally, 

as this will only affect specifically listed 

individual persons. The decreased 

burden under 0694–0088 is reciprocal to 

the increased burden under 0694–0137, 

and results in little or no change of 

burden to the public. This rule also 

decreases public burden in a collection 

of information under OMB control 

number 0694–0122, as a result of the 

exchange of UVL statements between 

private parties. The total change in 

burden hours associated with both of 

these collections is expected to be 

minimal, as it involves a limited 

number of persons listed on the UVL. 

List of Subjects in 15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

Accordingly, part 744 of the Export 

Administration Regulations (15 CFR 

parts 730 through 774) is amended as 

follows: 

PART 744—CONTROL POLICY: END– 

USER AND END–USE BASED 

■ 1. The authority citation for 15 CFR 

part 744 continues to read as follows: 

Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 

4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 

3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 

et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 

20947, 3 CFR, 1978 Comp., p. 179; E.O. 

12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 

608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 

Comp., p. 950; E.O. 13026, 61 FR 58767, 3 

CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 

45167, 3 CFR, 1998 Comp., p. 208; E.O. 

13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 

783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 

Comp., p. 786; Notice of September 18, 2020, 

85 FR 59641 (September 22, 2020); Notice of 

November 12, 2020, 85 FR 72897 (November 

13, 2020). 

Supplement No. 6 to Part 744 

[Amended] 

■ 2. Supplement No. 6 to part 744 is 

amended in the table by: 

■ a. Removing the entries for ‘‘DMA 

Logistics GmbH’’ and ‘‘Halm Elektronik 

GmbH’’ under ‘‘Germany’’; and 

■ b. Removing the entry for ‘‘Mexico’’. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2020–27931 Filed 1–8–21; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF LABOR 

Employees’ Compensation Appeals 

Board 

20 CFR Part 501 

RIN 1290–AA37 

Rules of Practice and Procedure 

AGENCY: Employees’ Compensation 

Appeals Board, Department of Labor. 

ACTION: Direct Final Rule. 

SUMMARY: The Department of Labor 

(DOL or Department) is issuing this 

Direct Final Rule (DFR) to seek public 

comments on a proposal to require 

electronic filing (e-filing) and electronic 

service (e-service) for attorneys and lay 

representatives representing parties in 

proceedings before the Employees’ 

Compensation Appeals Board (the 

Board). These regulations establish efiling and e-service rules of practice and 

procedure for the Board that would 

apply where a governing statute, 

regulation, or executive order does not 

establish contrary rules of practice or 

procedure. The rule mandates e-filing, 

makes e-service automatic of documents 

for parties represented by attorneys and 

duly authorized lay representatives 

unless good cause is shown justifying a 

different form of filing, and provides an 

option for pro se/self-represented 

parties to utilize these capabilities. It 

also allows the Board, in its discretion, 

to hold oral arguments by 

videoconference. 

DATES: This direct final rule will 

become effective February 25, 2021 

without further action unless the 

Department receives significant adverse 

comment to this rule by 11:59 p.m. 

Eastern Standard Time on February 10, 

2021. If the Department receives 

significant adverse comment, it will 

publish a timely withdrawal of the final 

rule in the Federal Register. 

ADDRESSES: You may send comments, 

identified by Regulatory Identification 

Number (RIN) 1290–AA37, only by the 

following method: Electronic 

Comments. Submit comments through 

the Federal eRulemaking Portal http://

www.regulations.gov. To locate the 

direct final rule, use docket number 

DOL–2020–0017 or key words such as 

‘‘Administrative practice and 

procedure’’ or ‘‘Workers’ 

compensation.’’ Follow the instructions 

for submitting comments. All comments 

must be received by 11:59 p.m. on the 

date indicated for consideration in this 

rulemaking. Instructions: All 

submissions received must include the 

agency name and docket number or 

Regulatory Information Number (RIN) 

for this rulemaking. All comments 

received will generally be posted 

without change to https://

www.regulations.gov, including any 

personal information provided. If you 

need assistance to review the comments 

or the direct final rule, the Department 

will consider providing the comments 

and the direct final rule in other formats 

upon request. For assistance to review 

the comments or obtain the direct final 

rule in an alternate format, contact Mr. 

Thomas Shepherd, Clerk of the 

Appellate Boards, at (202) 693–6319. 

Individuals with hearing or speech 

impairments may access the telephone 

number above by TTY by calling the 

toll-free Federal Information Relay 

Service at (800) 877–8339. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Shepherd, Clerk of the 

Appellate Boards, at 202–693–6319 or 

ECAB-Inquiries@dol.gov. 

SUPPLEMENTARY INFORMATION: This 

preamble is divided into four sections: 

Section I explains the process of issuing 

a proposed rule concurrently with a 

companion direct final rule; Section II 

provides general background 

information on the development of the 

rulemaking; Section III is a section-bysection summary and discussion of the 

regulatory text; and Section IV covers 

the administrative requirements for this 

rulemaking. 


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