706 Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Rules and Regulations 

in accordance with this section may be 

included in tier 2 capital without 

limitation, provided the instruments 

meet the criteria for tier 2 capital set 

forth in § 217.20(d). 

(iv) Non-qualifying capital 

instruments that do not meet the criteria 

for tier 2 capital set forth in § 217.20(d) 

may be included in tier 2 capital as 

follows: 

(A) A depository institution holding 

company of $15 billion or more that is 

not an advanced approaches Boardregulated institution may include nonqualifying capital instruments that have 

been phased-out of tier 1 capital in tier 

2 capital, and 

(B) During calendar years 2014 and 

2015, a depository institution holding 

company of $15 billion or more that is 

an advanced approaches Boardregulated institution may include nonqualifying capital instruments in tier 2 

capital that have been phased out of tier 

1 capital in accordance with Table 8 to 

§ 217.300. Beginning January 1, 2016, a 

depository institution holding company 

of $15 billion or more that is an 

advanced approaches Board-regulated 

institution may include non-qualifying 

capital instruments in tier 2 capital that 

have been phased out of tier 1 capital 

in accordance with Table 8, up to the 

applicable percentages set forth in Table 

9 to § 217.300. 

* * * * * 

By order of the Board of Governors of the 

Federal Reserve System, acting through the 

Secretary of the Board under delegated 

authority, December 29, 2017. 

Ann E. Misback, 

Secretary of the Board. 

[FR Doc. 2018–00062 Filed 1–5–18; 8:45 am] 

BILLING CODE 6210–01–P 

DEPARTMENT OF COMMERCE 

Office of the Secretary 

15 CFR Part 6 

[Docket No. 171219999–7999–01] 

RIN 0605–AA48 

Civil Monetary Penalty Adjustments for 

Inflation 

AGENCY: Office of the Chief Financial 

Officer and Assistant Secretary for 

Administration, Department of 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule is being issued 

to adjust for inflation each civil 

monetary penalty (CMP) provided by 

law within the jurisdiction of the United 

States Department of Commerce 

(Department of Commerce). The Federal 

Civil Penalties Inflation Adjustment Act 

of 1990, as amended by the Debt 

Collection Improvement Act of 1996 

and the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015, required the head of each agency 

to adjust for inflation its CMP levels in 

effect as of November 2, 2015, under a 

revised methodology that was effective 

for 2016 which provided for initial 

catch up adjustments for inflation in 

2016, and requires adjustments for 

inflation to CMPs under a revised 

methodology for each year thereafter. 

The 2017 adjustments for inflation to 

CMPs to the Department of Commerce’s 

CMPs were published in the Federal 

Register on December 28, 2016 and 

became effective January 15, 2017. The 

revised annual methodology provides 

for the improvement of the effectiveness 

of CMPs and to maintain their deterrent 

effect. Agencies’ annual adjustments for 

inflation to CMPs shall take effect not 

later than January 15. The Department 

of Commerce’s 2018 adjustments for 

inflation to CMPs apply only to CMPs 

with a dollar amount, and will not 

apply to CMPs written as functions of 

violations. The Department of 

Commerce’s 2018 adjustments for 

inflation to CMPs apply only to those 

CMPs, including those whose associated 

violation predated such adjustment, 

which are assessed by the Department of 

Commerce after the effective date of the 

new CMP level. 

DATES: This rule is effective January 15, 

2018. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Kunze, Deputy Chief Financial 

Officer and Director for Financial 

Management, Office of Financial 

Management, at (202) 482–1207, 

Department of Commerce, 1401 

Constitution Avenue NW, Room D200, 

Washington, DC 20230. The Department 

of Commerce’s Civil Monetary Penalty 

Adjustments for Inflation are available 

for downloading from the Department of 

Commerce, Office of Financial 

Management’s website at the following 

address: http://www.osec.doc.gov/ofm/ 

OFM_Publications.html. 

SUPPLEMENTARY INFORMATION: 

Background 

The Federal Civil Penalties Inflation 

Adjustment Act of 1990 (Pub. L. 101– 

410; 28 U.S.C. 2461), as amended by the 

Debt Collection Improvement Act of 

1996 (Pub. L. 104–134), provided for 

agencies’ adjustments for inflation to 

CMPs to ensure that CMPs continue to 

maintain their deterrent value and that 

CMPs due to the Federal Government 

were properly accounted for and 

collected. On October 24, 1996, 

November 1, 2000, December 14, 2004, 

December 11, 2008, and December 7, 

2012, the Department of Commerce 

published in the Federal Register a 

schedule of CMPs adjusted for inflation 

as required by law. 

A CMP is defined as any penalty, fine, 

or other sanction that: 

1. Is for a specific monetary amount 

as provided by Federal law, or has a 

maximum amount provided for by 

Federal law; and, 

2. Is assessed or enforced by an 

agency pursuant to Federal law; and, 

3. Is assessed or enforced pursuant to 

an administrative proceeding or a civil 

action in the Federal courts. 

On November 2, 2015, the Federal 

Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Section 701 

of Pub. L. 114–74) further amended the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 to improve the 

effectiveness of CMPs and to maintain 

their deterrent effect. This amendment 

(1) required agencies to adjust the CMP 

levels in effect as of November 2, 2015, 

with initial catch up adjustments for 

inflation through a final rulemaking to 

take effect no later than August 1, 2016; 

and (2) requires agencies to make 

subsequent annual adjustments for 

inflation to CMPs that shall take effect 

not later than January 15. 

The Department of Commerce’s initial 

catch up adjustments for inflation to 

CMPs were published in the Federal 

Register on June 7, 2016, and the new 

CMP levels became effective July 7, 

2016. The Department of Commerce’s 

2017 adjustments for inflation to CMPs 

were published in the Federal Register 

on December 28, 2016, and the new 

CMP levels became effective January 15, 

2017. 

The Department of Commerce’s 2018 

adjustments for inflation to CMPs apply 

only to CMPs with a dollar amount, and 

will not apply to CMPs written as 

functions of violations. These 2018 

adjustments for inflation to CMPs apply 

only to those CMPs, including those 

whose associated violation predated 

such adjustment, which are assessed by 

the Department of Commerce after the 

effective date of the new CMP level. 

This regulation adjusts for inflation 

CMPs that are provided by law within 

the jurisdiction of the Department of 

Commerce. The actual CMP assessed for 

a particular violation is dependent upon 

a variety of factors. For example, the 

National Oceanic and Atmospheric 

Administration’s (NOAA) Policy for the 

Assessment of Civil Administrative 

Penalties and Permit Sanctions (Penalty 

Policy), a compilation of NOAA internal 

guidelines that are used when assessing 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Rules and Regulations 707 

CMPs for violations for most of the 

statutes NOAA enforces, will be 

interpreted in a manner consistent with 

this regulation to maintain the deterrent 

effect of the CMPs. The CMP ranges in 

the Penalty Policy are intended to aid 

enforcement attorneys in determining 

the appropriate CMP to assess for a 

particular violation. The Penalty Policy 

is maintained and made available to the 

public on NOAA’s Office of the General 

Counsel, Enforcement Section website 

at: http://www.gc.noaa.gov/enforceoffice.html. 

The Department of Commerce’s 2018 

adjustments for inflation to CMPs set 

forth in this regulation were determined 

pursuant to the methodology prescribed 

by the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015, which requires the maximum 

CMP, or the minimum and maximum 

CMP, as applicable, to be increased by 

the cost-of-living adjustment. The term 

‘‘cost-of-living adjustment’’ is defined 

by the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015. For the 2018 adjustments for 

inflation to CMPs, the cost-of-living 

adjustment is the percentage for each 

CMP by which the Consumer Price 

Index for the month of October 2017 

exceeds the Consumer Price Index for 

the month of October 2016. 

Classification 

Pursuant to 5 U.S.C. 553(b)B, there is 

good cause to issue this rule without 

prior public notice or opportunity for 

public comment because it would be 

impracticable and unnecessary. The 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (Section 701(b)) requires agencies 

to make annual adjustments for inflation 

to CMPs notwithstanding section 553 of 

title 5, United States Code. 

Additionally, the methodology used for 

adjusting CMPs for inflation is given by 

statute, with no discretion provided to 

agencies regarding the substance of the 

adjustments for inflation to CMPs. The 

Department of Commerce is charged 

only with performing ministerial 

computations to determine the dollar 

amounts of adjustments for inflation to 

CMPs. Accordingly, prior public notice 

and an opportunity for public comment 

are not required for this rule. 

Paperwork Reduction Act 

The provisions of the Paperwork 

Reduction Act of 1995, Public Law 104– 

13, 44 U.S.C. Chapter 35, and its 

implementing regulations, 5 CFR part 

1320, do not apply to this rule because 

there are no new or revised 

recordkeeping or reporting 

requirements. 

Regulatory Analysis 

E.O. 12866, Regulatory Review 

This rule is not a significant 

regulatory action as that term is defined 

in Executive Order 12866. 

Regulatory Flexibility Act 

Because notice of proposed 

rulemaking and opportunity for 

comment are not required pursuant to 5 

U.S.C. 553, or any other law, the 

analytical requirements of the 

Regulatory Flexibility act (5 U.S.C. 601, 

et seq.) are inapplicable. Therefore, a 

regulatory flexibility analysis is not 

required and has not been prepared. 

List of Subjects in 15 CFR Part 6 

Law enforcement, Civil monetary 

penalties. 

Dated: December 26, 2017. 

Jennifer Ayers, 

Acting Deputy Chief Financial Officer and 

Director for Financial Management, 

Department of Commerce. 

Authority and Issuance 

■ For the reasons stated in the preamble, 

the Department of Commerce revises 15 

CFR part 6 to read as follows: 

PART 6—CIVIL MONETARY PENALTY 

ADJUSTMENTS FOR INFLATION 

Sec. 

6.1 Definitions. 

6.2 Purpose and scope. 

6.3 2018 Adjustments for inflation to civil 

monetary penalties. 

6.4 Effective date of 2018 adjustments for 

inflation to civil monetary penalties. 

6.5 Subsequent annual adjustments for 

inflation to civil monetary penalties. 

Authority: Pub. L. 101–410, 104 Stat. 890 

(28 U.S.C. 2461 note); Pub. L. 104–134, 110 

Stat. 1321 (31 U.S.C. 3701 note); Sec. 701 of 

Pub. L. 114–74, 129 Stat. 599 (28 U.S.C. 1 

note; 28 U.S.C. 2461 note). 

§ 6.1 Definitions. 

(a) The Department of Commerce 

means the United States Department of 

Commerce. 

(b) Civil Monetary Penalty means any 

penalty, fine, or other sanction that: 

(1) Is for a specific monetary amount 

as provided by Federal law, or has a 

maximum amount provided for by 

Federal law; and 

(2) Is assessed or enforced by an 

agency pursuant to Federal law; and 

(3) Is assessed or enforced pursuant to 

an administrative proceeding or a civil 

action in the Federal courts. 

§ 6.2 Purpose and scope. 

The purpose of this part is to make 

adjustments for inflation to civil 

monetary penalties, as required by the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 (Pub. L. 101– 

410; 28 U.S.C. 2461), as amended by the 

Debt Collection Improvement Act of 

1996 (Pub. L. 104–134) and the Federal 

Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Section 701 

of Pub. L. 114–74), of each civil 

monetary penalty provided by law 

within the jurisdiction of the United 

States Department of Commerce 

(Department of Commerce). 

§ 6.3 Adjustments for inflation to civil 

monetary penalties. 

The civil monetary penalties provided 

by law within the jurisdiction of the 

Department of Commerce, as set forth in 

paragraphs (a) through (f) of this section, 

are hereby adjusted for inflation in 2018 

in accordance with the Federal Civil 

Penalties Inflation Adjustment Act of 

1990, as amended, from the amounts of 

such civil monetary penalties that were 

in effect as of January 15, 2017, to the 

amounts of such civil monetary 

penalties, as thus adjusted. The year 

stated in parenthesis represents the year 

that the civil monetary penalty was last 

set by law or adjusted by law (excluding 

adjustments for inflation). 

(a) United States Department of 

Commerce. (1) 31 U.S.C. 3802(a)(1), 

Program Fraud Civil Remedies Act of 

1986 (1986), violation, maximum from 

$10,957 to $11,181. 

(2) 31 U.S.C. 3802(a)(2), Program 

Fraud Civil Remedies Act of 1986 

(1986), violation, maximum from 

$10,957 to $11,181. 

(3) 31 U.S.C. 3729(a)(1)(G), False 

Claims Act (1986); violation, minimum 

from $10,957 to $11,181; maximum 

from $21,916 to $22,363. 

(b) Bureau of Industry and Security. 

(1) 15 U.S.C. 5408(b)(1), Fastener 

Quality Act (1990), violation, maximum 

from $45,268 to $46,192. 

(2) 22 U.S.C. 6761(a)(1)(A), Chemical 

Weapons Convention Implementation 

Act (1998), violation, maximum from 

$36,849 to $37,601. 

(3) 22 U.S.C. 6761(a)(l)(B), Chemical 

Weapons Convention Implementation 

Act (1998), violation, maximum from 

$7,370 to $7,520. 

(4) 50 U.S.C. 1705(b), International 

Emergency Economic Powers Act 

(2007), violation, maximum from 

$289,238 to $295,141. 

(5) 22 U.S.C. 8142(a), United States 

Additional Protocol Implementation Act 

(2006), violation, maximum from 

$29,946 to $30,557. 

(c) Census Bureau. (1) 13 U.S.C. 304, 

Collection of Foreign Trade Statistics 

(2002), each day’s delinquency of a 

violation; total of not to exceed 

maximum violation, from $1,333 to 


jstallworth on DSKBBY8HB2PROD with RULES
708 Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Rules and Regulations 

$1,360; maximum per violation, from 

$13,333 to $13,605. 

(2) 13 U.S.C. 305(b), Collection of 

Foreign Trade Statistics (2002), 

violation, maximum from $13,333 to 

$13,605. 

(d) Economics and Statistics 

Administration. (1) 22 U.S.C. 3105(a), 

International Investment and Trade in 

Services Act (1990); failure to furnish 

information, minimum from $4,527 to 

$4,619; maximum from $45,268 to 

$46,192. 

(e) International Trade 

Administration. (1) 19 U.S.C. 81s, 

Foreign Trade Zone (1934), violation, 

maximum from $2,795 to $2,852. 

(2) 19 U.S.C. 1677f(f)(4), U.S.-Canada 

FTA Protective Order (1988), violation, 

maximum from $201,106 to $205,211. 

(f) National Oceanic and Atmospheric 

Administration. (1) 51 U.S.C. 60123(a), 

Land Remote Sensing Policy Act of 2010 

(2010), violation, maximum from 

$11,052 to $11,278. 

(2) 51 U.S.C. 60148(c), Land Remote 

Sensing Policy Act of 2010 (2010), 

violation, maximum from $11,052 to 

$11,278. 

(3) 16 U.S.C. 773f(a), Northern Pacific 

Halibut Act of 1982 (2007), violation, 

maximum from $231,391 to $236,114. 

(4) 16 U.S.C. 783, Sponge Act (1914), 

violation, maximum from $1,652 to 

$1,686. 

(5) 16 U.S.C. 957(d), (e), and (f), Tuna 

Conventions Act of 1950 (1962): 

(i) Violation of 16 U.S.C. 957(a), 

maximum from $82,579 to $84,264. 

(ii) Subsequent violation of 16 U.S.C. 

957(a), maximum from $177,863 to 

$181,493. 

(iii) Violation of 16 U.S.C. 957(b), 

maximum from $2,795 to $2,852. 

(iv) Subsequent violation of 16 U.S.C. 

957(b), maximum from $16,516 to 

$16,853. 

(v) Violation of 16 U.S.C. 957(c), 

maximum from $355,726 to $362,986. 

(6) 16 U.S.C. 957(i), Tuna 

Conventions Act of 1950,1 violation, 

maximum from $181,071 to $184,767. 

(7) 16 U.S.C. 959, Tuna Conventions 

Act of 1950,2 violation, maximum from 

$181,071 to $184,767. 

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

Convention Act of 1975,3 violation, 

maximum from $181,071 to $184,767. 

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

Tuna Act of 1988 (1988), violation, 

maximum from $502,765 to $513,026. 

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

Amendments of 1983 (1983), violation, 

maximum from $23,933 to $24,421. 

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

Mammal Protection Act of 1972 (1972), 

violation, maximum from $27,950 to 

$28,520. 

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

Protection Consumer Information Act,4

violation, maximum from $181,071 to 

$184,767. 

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

Marine Sanctuaries Act (1992), 

violation, maximum from $170,472 to 

$173,951. 

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

Species Act of 1973: 

(i) Violation as specified (1988), 

maximum from $50,276 to $51,302. 

(ii) Violation as specified (1988), 

maximum from $24,132 to $24,625. 

(iii) Otherwise violation (1978), 

maximum from $1,652 to $1,686. 

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

Management Act (1990), violation, 

maximum from $181,071 to $184,767. 

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

Marine Living Resources Convention 

Act of 1984,5 violation, maximum from 

$181,071 to $184,767. 

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

Protection Act of 1990,6 violation, 

maximum from $181,071 to $184,767. 

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

Amendments of 1981 (1981): 

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

maximum from $25,881 to $26,409. 

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

maximum from $647 to $660. 

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

Salmon Convention Act of 1982,7

violation, maximum from $181,071 to 

$184,767. 

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

Treaty Act of 1985,8 violation, 

maximum from $181,071 to $184,767. 

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

Seafood Promotion Act of 1986 (1986); 

violation, minimum from $1,096 to 

$1,118; maximum from $10,957 to 

$11,181. 

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

Anadromous Stocks Act of 1992,9

violation, maximum from $181,071 to 

$184,767. 

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

Coastal Fisheries Cooperative 

Management Act,10 violation, maximum 

from $181,071 to $184,767. 

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

Striped Bass Conservation Act,11

violation, maximum from $181,071 to 

$184,767. 

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

Fishing Compliance Act of 1995 (1995), 

violation, maximum from $157,274 to 

$160,484. 

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

Atlantic Fisheries Convention Act of 

1995,12 violation, maximum from 

$181,071 to $184,767 

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

Central Pacific Fisheries Convention 

Implementation Act,13 violation, 

maximum from $181,071 to $184,767. 

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

Whiting Act of 2006,14 violation, 

maximum from $181,071 to $184,767. 

(29) 22 U.S.C. 1978(e), Fishermen’s 

Protective Act of 1967 (1971): 

(i) Violation, maximum from $27,950 

to $28,520. 

(ii) Subsequent violation, maximum 

from $82,579 to $84,264. 

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

Hard Mineral Resources Act (1980), 

violation, maximum, from $71,264 to 

$72,718. 

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

Energy Conversion Act of 1980 (1980), 

violation, maximum from $71,264 to 

$72,718. 

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

Conservation Act of 2012,15 violation, 

maximum from $181,071 to $184,767. 

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

Measures Agreement Act of 2015,16

violation, maximum from $181,071 to 

$184,767. 

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

Driftnet Fishing Moratorium Protection 

Act,17 violation, maximum from 

$181,071 to $184,767. 

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

to Pacific Fisheries Act,18 (newly 

reported penalty), violation, maximum 

$184,767. 

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

to Pacific Fisheries Act,19 (newly 

reported penalty), violation, maximum 

$184,767. 

—————— 1This National Oceanic and Atmospheric 

Administration maximum civil monetary 

penalty, as prescribed by law, is the 

maximum civil penalty per 16 U.S.C. 1858(a), 

Magnuson-Stevens Fishery Conservation and 

Management Act civil monetary penalty 

(item (15)). 2See footnote 1. 

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. 

§ 6.4 Effective date of adjustments for 

inflation to civil monetary penalties. 

The Department of Commerce’s 2018 

adjustments for inflation made by § 6.3, 

of the civil monetary penalties there 

specified, are effective on January 15, 

2018, 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 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Rules and Regulations 709 

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, 2018 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. 2017–28230 Filed 1–5–18; 8:45 am] 

BILLING CODE 3510–DP–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 774 

[170207157–7157–01] 

RIN 0694–AH31 

Revisions, Clarifications, and 

Technical Corrections to the Export 

Administration Regulations; 

Correction 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule; correcting 

amendments. 

SUMMARY: In this final rule, the Bureau 

of Industry and Security corrects an 

error in the text of Export Control 

Classification Numbers (ECCNs) 0D606, 

0E606, and 8A609. 

DATES: This rule is effective January 8, 

2018. 

FOR FURTHER INFORMATION CONTACT: Ivan 

Mogensen, Office of Exporter Services, 

Bureau of Industry and Security, by 

telephone: (202) 482–2440 or email: 

Ivan.Mogensen@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Overview 

On December 27, 2017, BIS published 

a final rule, Revisions, Clarifications, 

and Technical Corrections to the Export 

Administration Regulations (82 FR 

61153) (the December 27 rule), which 

made corrections to certain provisions 

of the Export Administration 

Regulations (EAR), including the 

Commerce Control List (part 774 of the 

EAR) (CCL). The corrections were 

editorial in nature and did not affect 

license requirements. In this final rule, 

BIS is amending ECCNs 0D606 and 

0E606 by reinstating original text that 

was erroneously replaced with the text 

for ECCNs 0D614 and 0E614, 

respectively, in the December 27 rule. In 

addition, this rule reinstates paragraph 

(2) of the Special Conditions for STA in 

ECCN 8A609. 

Part 774 

ECCNs 0D606 and 0E606: The 

December 27 rule amended ECCN 

subparagraphs 0D606.a and 0E606.a to 

include references to ECCNs 0B606 and 

0C606. During drafting, the License 

Requirements section and the text 

following the revised subparagraphs for 

both ECCNs was exchanged with the 

text for ECCNs 0D614 and 0E614, 

respectively. In order to follow the 

guidelines of the original preamble, this 

correction to the December 27 rule 

restores the original License 

Requirements section and the text of 

ECCNs 0D606 and 0E606 following 

subparagraph .a in both ECCNs. In 

addition, this rule replaces the incorrect 

reference to 0D606 with 0E606 in the 

Special Conditions for STA of ECCN 

0E606. 

ECCN 8A609: The December 27 rule 

amended ECCN 8A609 by revising the 

title reference in these ECCNs to match 

the current title of § 740.20(g) and in 

doing so inadvertently removed 

paragraph (2) of the Special Conditions 

for STA. This rule restores paragraph (2) 

of the Special Conditions for STA in 

ECCN 8A609. 

Export Administration Act 

Since August 21, 2001, the Export 

Administration Act of 1979, as 

amended, has been in lapse. However, 

the President, through Executive Order 

13222 of August 17, 2001, 3 CFR, 2001 

Comp., p. 783 (2002), as amended by 

Executive Order 13637 of March 8, 

2013, 78 FR 16129 (March 13, 2013), 

and as extended by the Notice of August 

15, 2017, 82 FR 39005 (August 16, 2017) 

has continued the EAR in effect under 

the International Emergency Economic 

Powers Act (50 U.S.C. 1701 et seq.). BIS 

continues to carry out the provisions of 

the Export Administration Act, as 

appropriate and to the extent permitted 

by law, pursuant to Executive Order 

13222 as amended by Executive Order 

13637. 

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). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. 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 designated 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. 

2. This final rule does not contain 

information collections subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA). 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. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined in Executive Order 

13132. 

4. The Department of Commerce finds 

that there is good cause under 5 U.S.C. 

553(b)(B) to waive the provisions of the 

Administrative Procedure Act otherwise 

requiring prior notice and the 

opportunity for public comment 

because they are unnecessary. The 

revisions made by this rule are 

administrative in nature and do not 

affect the privileges and obligations of 

the public. Additionally, it is important 

that the edits and clarifications are 

added as soon as possible to prevent 

improper interpretation of the EAR. The 

Department also finds that there is good 

cause under 5 U.S.C. 553(b)(A) to waive 

the provisions of the Administrative 

Procedure Act requiring notice and 

comment because these changes are 

limited to providing guidance on 

existing interpretations of current EAR 

provisions. Because these revisions are 

not substantive changes to the EAR, the 

30-day delay in effectiveness otherwise 

required by 5 U.S.C. 553(d) is not 

applicable. No other law requires that a 

notice of proposed rulemaking and 

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 because no general notice 

of proposed rulemaking was required 


jstallworth on DSKBBY8HB2PROD with RULES