This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

2285 

Vol. 80, No. 11 

Friday, January 16, 2015 

1To view the interim rule, related documents, 

and the comments we received, go to http://

www.regulations.gov/#!docketDetail;D=APHIS2007-0038. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Parts 71, 83, and 93 

[Docket No. APHIS–2007–0038] 

RIN 0579–AC74 

Viral Hemorrhagic Septicemia; 

Interstate Movement and Import 

Restrictions on Certain Live Fish 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule; withdrawal. 

SUMMARY: We are withdrawing an 

interim rule that established regulations 

to restrict the interstate movement and 

importation into the United States of 

live fish that are susceptible to viral 

hemorrhagic septicemia, a highly 

contagious disease of certain fresh and 

saltwater fish. We are taking this action 

after considering the comments we 

received following the publication of 

the interim rule, which subsequently 

delayed the effective date of the interim 

rule indefinitely. 

DATES: The interim rule published on 

September 9, 2008 (73 FR 52173–52189, 

Docket No. APHIS–2007–0038), and 

delayed in documents published on 

October 28, 2008 (73 FR 63867, Docket 

No. APHIS–2007–0038), and January 2, 

2009 (74 FR 1, Docket No. APHIS–2007– 

0038), is withdrawn effective January 

16, 2015. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Lynn Creekmore, Senior Staff Veterinary 

Medical Officer, Surveillance, 

Preparedness and Response Services, 

VS, APHIS, 2150 Centre Avenue, 

Building B, Fort Collins, CO 80526; 

970–494–7354; or Dr. Christa L. 

Speekmann, Senior Staff Officer, 

National Import Export Services, VS, 

APHIS, 4700 River Road Unit 39, 

Riverdale, MD 20737–1231; (301) 851– 

3365. 

SUPPLEMENTARY INFORMATION: 

Background 

Viral hemorrhagic septicemia (VHS) is 

a highly contagious disease of certain 

fresh and saltwater fish, caused by a 

rhabdovirus. It is listed as a notifiable 

disease by the World Organization for 

Animal Health. The pathogen produces 

variable clinical signs in fish including 

lethargy, skin darkening, exophthalmia, 

pale gills, a distended abdomen, and 

external and internal hemorrhaging. The 

development of the disease in infected 

fish can result in substantial mortality. 

Other infected fish may not show any 

clinical signs or die, but may be lifelong 

carriers and shed the virus. 

Federal Order 

The Animal Health Protection Act 

(AHPA, 7 U.S.C. 8301–8317) authorizes 

the Secretary of Agriculture to prohibit 

or restrict the importation or movement 

in interstate commerce of any animal, 

article, or means of conveyance if the 

Secretary determines that the 

prohibition or restriction is necessary to 

prevent the introduction or 

dissemination of any pest or disease of 

livestock into or within the United 

States. 

In response to outbreaks of VHS in 

wild fish populations in the Great 

Lakes, the Administrator determined 

that it was necessary, in order to prevent 

the spread of VHS into aquaculture 

facilities, to prohibit or restrict the 

interstate movement and importation of 

VHS-regulated species of live fish. 

Accordingly, on October 24, 2006, the 

Animal and Plant Health Inspection 

Service (APHIS) issued a Federal Order 

prohibiting the importation of VHSsusceptible species of live fish from two 

Canadian provinces (Ontario and 

Quebec) into the United States and the 

interstate movement of the same species 

of live fish from the eight States 

bordering the Great Lakes (Illinois, 

Indiana, Michigan, Minnesota, New 

York, Ohio, Pennsylvania, and 

Wisconsin). Subsequent modifications 

to the Federal Order were made in 

response to additional information 

provided by States, Tribes, and other 

interested stakeholders in order to 

alleviate impacts on industry and 

related businesses in the Great Lakes 

region while still protecting against the 

spread of VHS. The Federal Order was 

meant to be a temporary measure to be 

replaced in time by a rule. 

Taking into consideration the 

information we received, on September 

9, 2008, we published an interim rule 1

in the Federal Register (73 FR 52173– 

52189, Docket No. APHIS–2007–0038) 

to codify the Federal Order by amending 

9 CFR parts 71, 83, and 93 to establish 

regulations to restrict the interstate 

movement and the importation into the 

United States of certain live fish species 

that are susceptible to VHS. We 

announced that the provisions of the 

interim rule would become effective 

November 10, 2008, and that we would 

consider all comments on the interim 

rule received on or before November 10, 

2008, and all comments on the 

environmental assessment for the 

interim rule received on or before 

October 9, 2008. 

Delay of Effective Date 

After the publication of the interim 

rule, we received comments that 

addressed a variety of issues, including 

the feasibility of implementing certain 

requirements. 

Based on our review of those 

comments, on October 28, 2008, we 

published a document in the Federal 

Register (73 FR 63867, Docket No. 

APHIS–2007–0038) announcing that we 

were delaying the effective date of the 

interim rule from November 10, 2008, 

until January 9, 2009, while retaining 

November 10, 2008, as the close of the 

comment period for the interim rule and 

October 9, 2008, as the close of the 

comment period for the environmental 

assessment. 

On January 2, 2009, we published a 

document in the Federal Register (74 

FR 1, Docket No. APHIS–2007–0038) 

announcing that we were delaying the 

effective date of the interim rule 

indefinitely to provide APHIS with time 

to make adjustments to the interim rule 

that we considered necessary for the 

rule to be successfully implemented. 

After completing a risk assessment of 

the disease and evaluating surveillance 

and the latest science, we determined 

that the Federal Order, which had 

become duplicative with State 

regulations, could safely be removed as 


asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER
2286 Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Rules and Regulations 

long as States maintain existing VHS 

regulations and other practices to 

reduce risk. Therefore, on April 14, 

2014, APHIS announced that the VHS 

Federal Order first issued in October 

2006 would be rescinded on June 2, 

2014. 

Accordingly, we are also withdrawing 

the September 9, 2008, interim rule. 

APHIS will continue to work with our 

stakeholders to provide guidance and 

promote sound biosecurity practices to 

prevent the spread of VHS and other 

aquatic animal diseases of concern. 

Authority: 7 U.S.C. 1622 and 8301–8317; 

21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 

CFR 2.22, 2.80, and 371.4. 

Done in Washington, DC, this 12th day of 

January 2015. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2015–00594 Filed 1–15–15; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 736, 740, 746 and 748 

[Docket No. 150102002–5002–01] 

RIN 0694–AG42 

Cuba: Providing Support for the Cuban 

People 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule amends the Export 

Administration Regulations to create 

License Exception Support for the 

Cuban People (SCP) to authorize the 

export and reexport of certain items to 

Cuba that are intended to improve the 

living conditions of the Cuban people; 

support independent economic activity 

and strengthen civil society in Cuba; 

and improve the free flow of 

information to, from, and among the 

Cuban people. It also amends existing 

License Exception Consumer 

Communications Devices (CCD) by 

eliminating the donation requirement, 

thereby authorizing sales of certain 

communications items to eligible end 

users in Cuba. Additionally, it amends 

License Exception Gift Parcels and 

Humanitarian Donations (GFT) to 

authorize exports of multiple gift 

parcels in a single shipment. Lastly, this 

rule establishes a general policy of 

approval for exports and reexports to 

Cuba of items for the environmental 

protection of U.S. and international air 

quality, and waters, and coastlines. 

These actions are among those 

announced by the President on 

December 17, 2014, aimed at supporting 

the ability of the Cuban people to gain 

greater control over their own lives and 

determine their country’s future. 

DATES: This rule is effective January 16, 

2015. 

FOR FURTHER INFORMATION CONTACT: 

Foreign Policy Division, Office of 

Nonproliferation and Treaty 

Compliance, Bureau of Industry and 

Security, Phone: (202) 482–4252. 

SUPPLEMENTARY INFORMATION: 

Background 

The United States maintains a 

comprehensive embargo on trade with 

Cuba. Pursuant to that embargo, all 

items that are subject to the Export 

Administration Regulations (EAR) 

require a license for export or reexport 

to Cuba unless authorized by a license 

exception. The Bureau of Industry and 

Security (BIS) administers export and 

reexport restrictions on Cuba consistent 

with the goals of that embargo and with 

relevant law. Accordingly, BIS may 

issue specific or general authorizations 

for specific types of transactions that 

support the goals of United States policy 

while the embargo remains in effect. 

On December 17, 2014, the President 

announced that the United States is 

taking historic steps to chart a new 

course in bilateral relations with Cuba 

and to further engage and empower the 

Cuban people. The President explained 

that these steps build upon actions 

taken since 2009 that have been aimed 

at supporting the ability of the Cuban 

people to gain greater control over their 

own lives and determine their country’s 

future. Today, the Commerce and 

Treasury Departments are taking 

coordinated actions to implement this 

policy. 

The President’s announcement 

necessitates changes to the EAR related 

to exports and reexports to promote 

more effectively positive change in 

Cuba, consistent with U.S. support for 

the Cuban people and in line with U.S. 

national security interests. This rule 

implements those changes by adding 

license exceptions and revising 

licensing policy as appropriate. 

This rule enables the export and 

reexport to Cuba of items intended to 

empower the nascent Cuban private 

sector by supporting private economic 

activity. Items include building 

materials for use by the private sector to 

construct or renovate privately-owned 

buildings including privately-owned 

residences, businesses, places of 

worship and buildings for private sector 

social or recreational use; goods for use 

by private sector entrepreneurs such as 

auto mechanics, barbers and hairstylists 

and restaurateurs; and tools and 

equipment for private sector agricultural 

activity. It is intended to facilitate 

Cuban citizens’ lower-priced access to 

certain goods to improve their living 

standards and gain greater economic 

independence from the state. It also 

enables the export and reexport to Cuba 

of items to further support civil society 

in Cuba. 

Additionally, this rule enables the 

export to Cuba of certain items intended 

to contribute to the ability of the Cuban 

people to communicate with one 

another and with people in the United 

States and the rest of the world. Those 

exports include commercial sales of 

items for the establishment and upgrade 

of communications-related systems as 

well as certain consumer 

communications devices, related 

software, applications, and hardware. 

Such exports are consistent with 

Department of Commerce authorities 

including with Section 1705(e) of the 

Cuban Democracy Act (22 U.S.C. 

6004(e)), which authorizes export of 

‘‘[t]elecommunications facilities . . . in 

such quantity and of such quality as 

may be necessary to provide efficient 

and adequate telecommunications 

services between the United States and 

Cuba.’’ 

This rule also enables more donations 

to the Cuban people by simplifying the 

process to export and reexport gift 

parcels to Cuba. Lastly, this rule 

establishes licensing policy relating to 

environmental protection and makes 

technical and conforming changes to the 

EAR. 

The Department of the Treasury’s 

Office of Foreign Assets Control (OFAC) 

is also making changes to its regulations 

to implement the President’s December 

17, 2014, policy announcement. 

Specific Changes Made by This Rule 

Creation of License Exception Support 

for the Cuban People (SCP) 

This rule creates a new § 740.21 of the 

EAR—License Exception Support for 

the Cuban People (SCP). Prior to 

publication of this rule, the export or 

reexport to Cuba of items now eligible 

under this new license exception 

generally required a license from BIS. 

To support improved living 

conditions and support independent 

economic activity in Cuba, License 

Exception SCP authorizes the export 

and reexport of commercially sold or 

donated: 

• Building materials, equipment, and 

tools for use by the private sector to 

construct or renovate privately-owned 


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