[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Rules and Regulations]
[Pages 80643-80650]
[FR Doc No: 2015-32607]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 150825778-5999-01]
RIN 0694-AG64

Russian Sanctions: Addition of Certain Persons to the Entity List

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) amends the Export
Administration Regulations (EAR) by adding sixteen persons under
seventeen entries to the Entity List. The sixteen persons who are added
to the Entity List have been determined by the U.S. Government to be
acting contrary to the national security or foreign policy interests of
the United States. BIS is taking this action to ensure the efficacy of
existing sanctions on the Russian Federation (Russia) for violating
international law and fueling the conflict in eastern Ukraine. These
persons will be listed on the Entity List under the destinations of the
Crimea region of Ukraine, Cyprus, Luxembourg, Panama, Russia,
Switzerland, and the United Kingdom. Lastly, this final rule includes a
clarification for how entries that include references to Sec.  746.5 on
the Entity List are to be interpreted.

DATES: This rule is effective December 28, 2015.

FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee,
Office of the Assistant Secretary, Export Administration, Bureau of
Industry and Security, Department of Commerce, Phone:<PHONE_NUMBER>,
Fax:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Entity List (Supplement No. 4 to Part 744 of the EAR)
identifies entities and other persons reasonably believed to be
involved in, or that pose a significant risk of being or becoming
involved in, activities that are contrary to the national security or
foreign policy of the United States. The EAR imposes additional
licensing requirements on, and limits the availability of most license
exceptions for, exports, reexports, and transfers (in-country) to those
persons or entities listed on the Entity List. The license review
policy for each listed entity is identified in the License Review
Policy column on the Entity List and the impact on the availability of
license exceptions is described in the Federal Register notice adding
entities or other persons to the Entity List. BIS places entities on
the Entity List based on certain sections of part 744 (Control Policy:
End-User and End-Use Based) and part 746 (Embargoes and Other Special
Controls) of the EAR.
    The End-user Review Committee (ERC) is composed of representatives
of the Departments of Commerce (Chair), State, Defense, Energy, and
where appropriate, the Treasury. The ERC makes decisions to add an
entry to the Entity List by majority vote and to remove or modify an
entry by unanimous vote. The Departments represented on the ERC have
approved these changes to the Entity List.

Entity List Additions

Additions to the Entity List

    This rule implements the decision of the ERC to add sixteen persons
under seventeen entries to the Entity List. These sixteen persons are
being added on the basis of Sec.  744.11 (License requirements that
apply to entities acting contrary to the national security or foreign
policy interests of the United States) of the EAR. The seventeen
entries to the Entity List are located in the Crimea region of Ukraine
(seven entries), Cyprus (one entry), Luxembourg (one entry), Panama
(one entry), Russia (four entries), Switzerland (one entry), and the
United Kingdom (two entries). There are seventeen entries for the
sixteen persons because one person is listed in two locations,
resulting in one additional entry.
    Under Sec.  744.11(b) (Criteria for revising the Entity List) of
the EAR, persons for whom there is reasonable cause to believe, based
on specific and articulable facts, have been involved, are involved, or
pose a significant risk of being or becoming involved in, activities
that are contrary to the national security or foreign policy interests
of the United States and those acting on behalf of such persons may be
added to the Entity List. The persons being added to the Entity List in
this rule have been determined to be involved in activities that are
contrary to the national security or foreign policy interests of the
United States. Specifically, in this rule, BIS adds persons to the
Entity List for violating international law and fueling the conflict in
eastern Ukraine. These additions ensure the efficacy of existing
sanctions on Russia. The particular additions to the Entity List and
related authorities are as follows:
A. Entity Additions Consistent With Executive Order 13661
    Eight entities are added based on activities that are described in
Executive Order 13661 (79 FR 15533), Blocking Property of Additional
Persons Contributing to the Situation in Ukraine, issued by the
President on March 16, 2014. This Order expanded the scope of the
national emergency declared in Executive Order 13660, finding that the
actions and policies of the Government of the Russian Federation with
respect to Ukraine--including the deployment of Russian military forces
in the Crimea region of Ukraine--undermine democratic processes and
institutions in Ukraine; threaten its peace, security, stability,
sovereignty, and territorial integrity; and contribute to the
misappropriation of its assets, and thereby constitute an unusual and
extraordinary threat to the national security and foreign policy of the
United States.
    Executive Order 13661 includes a directive that all property and
interests in property that are in the United States, that hereafter
come within the United States, or that are or thereafter come within
the possession or control of any United States person (including any
foreign branch) of the following persons are blocked and may not be
transferred, paid, exported, withdrawn, or otherwise dealt in: Persons
determined by the Secretary of the Treasury, in consultation with the
Secretary of State to have either materially assisted, sponsored or
provided financial, material or technological support for, or goods and
services to or in support of a senior official of the Russian
government or operate in the defense or related materiel sector in
Russia. Under Section 8 of the Order, all agencies of the United States
Government are directed to take all appropriate measures within their
authority to carry out the provisions of the Order.
    The Department of the Treasury's Office of Foreign Assets Control,
pursuant to Executive Order 13661, on behalf of the Secretary of the
Treasury, and in consultation with the Secretary

of State, has designated the following eight persons: Avia Group
Terminal Limited Liability Company, Fentex Properties Ltd., Lerma
Trading S.A., LTS Holding Limited, Maples SA, OAO Volgogradneftemash,
Transservice LLC, and White Seal Holdings Limited.
    In conjunction with those designations, the Department of Commerce
adds the eight entities to the Entity List under this rule, and imposes
a license requirement for exports, reexports, or transfers (in-country)
to these persons. This license requirement implements an appropriate
measure within the authority of the EAR to carry out the provisions of
Executive Order 13661.
B. Entity Additions Consistent With Executive Order 13685
    Eight entities are added based on activities that are described in
Executive Order 13685 (79 FR 77357), Blocking Property of Certain
Persons and Prohibiting Certain Transactions with Respect to the Crimea
Region of Ukraine, issued by the President on December 19, 2014. This
Order took additional steps to address the Russian occupation of the
Crimea region of Ukraine with respect to the national emergency
declared in Executive Order 13660 of March 6, 2014, and expanded in
Executive Order 13661 of March 16, 2014 and Executive Order 13662 of
March 20, 2014. In particular, Executive Order 13685 prohibited the
export, reexport, sale or supply, directly or indirectly, from the
United States or by a U.S. person, wherever located, of any goods,
services, or technology to the Crimea region of Ukraine. Under Section
10 of the Order, all agencies of the United States Government are
directed to take all appropriate measures within their authority to
carry out the provisions of the Order.
    The Department of the Treasury's Office of Foreign Assets Control,
pursuant to Executive Order 13685 on behalf of the Secretary of the
Treasury and in consultation with the Secretary of State, has
designated the following eight persons as operating in the Crimea
region of Ukraine: Aktsionernoe Obschestvo `Yaltinskaya Kinodstudiya,'
Crimean Enterprise Azov Distillery Plant, Otkrytoe Aktsionernoe
Obshchestvo Vneshneekonomicheskoe Obedinenie Tekhnopromeksport, Resort
Nizhnyaya Oreanda, State Concern National Production and Agricultural
Association Massandra, State Enterprise Factory of Sparkling Wine Novy
Svet, State Enterprise Magarach of The National Institute of Wine, and
State Enterprise Universal-Avia.
    In conjunction with that designation, the Department of Commerce
adds the eight entities to the Entity List under this rule and imposes
a license requirement for exports, reexports, or transfers (in-country)
to these persons. This license requirement implements an appropriate
measure within the authority of the EAR to carry out the provisions of
Executive Order 13685.
    For the sixteen persons under seventeen entries added to the Entity
List on the basis of activities described in Executive Orders 13661 or
13685, BIS imposes a license requirement for all items subject to the
EAR and a license review policy of presumption of denial. The license
requirements apply to any transaction in which items are to be
exported, reexported, or transferred (in-country) to any of the persons
or in which such persons act as purchaser, intermediate consignee,
ultimate consignee, or end-user. In addition, no license exceptions are
available for exports, reexports, or transfers (in-country) to the
persons being added to the Entity List in this rule. The acronyms
``a.k.a.'' (also known as) and ``f.k.a.'' (formerly known as) are used
in entries on the Entity List to help exporters, reexporters and
transferors to better identify listed persons on the Entity List.
    This final rule adds the following sixteen persons under seventeen
entries to the Entity List:
Crimea Region of Ukraine
    (1) Aktsionernoe Obschestvo `Yaltinskaya Kinodstudiya,' a.k.a., the
following eight aliases:

--CJSC Yalta-Film;
--Film Studio Yalta-Film;
--Joint Stock Company Yalta Film Studio;
--JSC Yalta Film Studio;
--Kinostudiya Yalta-Film;
--Oao Yaltinskaya Kinostudiya;
--Yalta Film Studio; and
--Yalta Film Studios.

    Ulitsa Mukhina, Building 3, Yalta, Crimea 298063, Ukraine; and
Sevastopolskaya 4, Yalta, Crimea, Ukraine;
    (2) Crimean Enterprise Azov Distillery Plant, a.k.a., the following
five aliases:

--Azovsky Likerogorilchany Zavod, Krymske Respublikanske Pidpryemstvo;
--Azovsky Likerovo-Dochny Zavod;
--Crimean Republican Enterprise Azov Distillery;
--Crimean Republican Enterprise Azovsky Likerovodochny Zavod; and
--Krymske Respublikanske Pidpryemstvo Azovsky Likerogorilchany Zavod.

    Bud. 40 vul. Zaliznychna, Smt Azovske, Dzhankoisky R-N, Crimea
96178, Ukraine; and 40 Railway St., Azov, Dzhankoy District 96178,
Ukraine; and 40 Zeleznodorozhnaya str., Azov, Jankoysky District 96178,
Ukraine;
    (3) Resort Nizhnyaya Oreanda (f.k.a., Federalnoe Gosudarstvennoe
Byudzhetnoe Uchrezhdenie Sanatori Nizhnyaya Oreanda Upravleniya),
a.k.a., the following three aliases:

--Federalnoe Gosudarstvennoe Byudzhetnoe Uchrezhdenie Sanatori
Nizhnyaya Oreanda Upravleniya Delami Prezidenta Rossiskoi Fe;
--FGBU Sanatori Nizhnyaya Oreanda; and
--Sanatorium Nizhnyaya Oreanda.

    Pgt Oreanda, Dom 12, Yalta, Crimea 298658, Ukraine; and Resort
Nizhnyaya Oreanda, Oreanda, Yalta 08655, Crimea; Oreanda--12, Yalta
298658, Crimea;
    (4) State Concern National Production and Agricultural Association
Massandra, a.k.a., the following four aliases:

--Massandra National Industrial Agrarian Association of Wine Industry;
--Massandra State Concern, National Production and Agrarian Union,
OJSC;
--Nacionalnoye Proiz-Vodstvenno Agrarnoye Obyedinenye Massandra; and
--State Concern National Association of Producers Massandra.

    6, str. Mira, Massandra, Yalta 98600, Ukraine; and 6, Mira str.,
Massandra, Yalta, Crimea 98650, Ukraine; and Mira str, h. 6, Massandra,
Yalta, Crimea 98600, Ukraine; and 6, Myra st., Massandra, Crimea 98650,
Ukraine;
    (5) State Enterprise Factory of Sparkling Wine Novy Svet, a.k.a.,
the following six aliases:

--Derzhavne Pidpryemstvo Zavod Shampanskykh Vyn Novy Svit;
--Gosudarstvenoye Predpriyatiye Zavod Shampanskykh Vin Novy Svet;
--Novy Svet Winery;
--Novy Svet Winery State Enterprise;
--State Enterprise Factory of Sparkling Wines New World; and
--Zavod Shampanskykh Vyn Novy Svit, DP.

    1 Shaliapin Street, Novy Svet Village, Sudak, Crimea 98032,
Ukraine; and Bud. 1 vul. Shalyapina Smt, Novy Svit, Sudak, Crimea
98032, Ukraine; and 1 Shalyapina str. Novy Svet, Sudak 98032, Ukraine;
    (6) State Enterprise Magarach of the National Institute of Wine,
a.k.a., the following five aliases:

--Agrofirma Magarach Natsionalnogo Instytutu Vynogradu I Vyna Magarach,
DP;
--Derzhavne Pidpryemstvo Agrofirma Magarach Natsionalnogo Instytutu
Vynogradu I Vyna Magarach;
--Gosudarstvenoye Predpriyatiye Agro-Firma Magarach Nacionalnogo
Instituta Vinograda I Vina Magarach;
--Magarach Agricultural Company Of National Institute Of Wine And
Grapes Magarach; and
--State Enterprise Agricultural Company Magarach National Institute of
Vine and Wine Magarach.

    Bud. 9 vul. Chapaeva, S.Viline, Bakhchysaraisky R-N, Crimea 98433,
Ukraine; and 9 Chapayeva str., Vilino, Bakhchisaray Region, Crimea
98433, and Ukraine; and 9 Chapayeva str., Vilino, Bakhchisarayski
district 98433, Ukraine; and 9, Chapaeva Str., Vilino, Bakhchisaray
Region, Crimea 98433, Ukraine; and
    (7) State Enterprise Universal-Avia, a.k.a., the following six
aliases:

--Crimean State Aviation Enterprise Universal-Avia;
--Gosudarstvennoe Unitarnoe Predpriyatie Respubliki Krym Universal;
--Gosudarstvennoe Unitarnoe Predpriyatie Respubliki Krym Universal-
Avia;
--Gosudarstvenoye Predpriyatiye Universal-Avia;
--Universal-Avia, Crimea State Aviation Enterprise; and
--Universal-Avia, Gup RK.

    5, Aeroflotskaya Street, Simferopol, Crimea 95024, Ukraine.
Cyprus
    (1) White Seal Holdings Limited, 115 Spyrou Kyprianou Avenue,
Limassol 3077, Cyprus.
Luxembourg
    (1) Maples SA, Boulevard Royal 25/B 2449, Luxembourg.
Panama
    (1) Lerma Trading S.A., Calle 53a, Este, Panama.
Russia
    (1) Avia Group Terminal Limited Liability Company, a.k.a., the
following three aliases:

--AG Terminal OOO;
--LLC AG Terminal; and
--Obshchestvo S Ogranichennoi Otvetstvennostyu Avia Grupp Terminal,
Ter.

    Aeroport Sheremetyevo, Khimki, Moscovskaya Oblast 141400, Russia;
    (2) OAO Volgogradneftemash (f.k.a. Dochernee Aktsionernoe
Obshchestvo Otkrytogo Tipa Volgogradneftemash Rossiiskogo Aktsionernogo
Obshchestva Gazprom), a.k.a., the following two aliases:

--JSC Volgogradneftemash; and
--Otkrytoe Aktsionernoe Obshchestvo Volgogradneftemash.

    45 Ulitsa Elektrolesovskaya, Volgograd, Volgogradskaya Oblast
400011, Russia;
    (3) Otkrytoe Aktsionernoe Obshchestvo Vneshneekonomicheskoe
Obedinenie Tekhnopromeksport, a.k.a., the following seven aliases:

--Joint Stock Company Foreign Economic Association Tekhnopromexport;
--JSC Tekhnopromexport;
--JSC Vo Tekhnopromexport;
--OJSC Technopromexport;
--Open Joint Stock Company Foreign Economic Association
Tekhnopromexport;
--VO Tekhnopromeksport, OAO; and
--``JSC TPE.''

    d. 15 str. 2 ul. Novy Arbat, Moscow 119019, Russia; and
    (4) Transservice LLC, a.k.a., the following three aliases:

--Limited Liability Company Transservis;
--Obschestvo S Ogranichennoi Otvetstvennostyu Transservis; and
--OOO Transservis.

    35 Prospekt Gubkina, Omsk, Omskaya Oblast 664035, Russia.
Switzerland
    (1) LTS Holding Limited (f.k.a. IPP-International Petroleum
Products Ltd.), Rue du Conseil-General 20, Geneva 1204, Switzerland.
(See alternate address under United Kingdom).
United Kingdom
    (1) Fentex Properties LTD., Tortola, British Virgin Islands; and
    (2) LTS Holding Limited (f.k.a. IPP-International Petroleum
Products Ltd.), Tortola, British Virgin Islands.

(See alternate address under Switzerland).
C. Clarification of Entity List Entries That Reference Sec.  746.5
    This final rule includes a clarification for how entries that
include references to Sec.  746.5 on the Entity List are to be
interpreted. There are twenty entities on the Entity List that
reference Sec.  746.5 (Russian Industry Sector Sanctions). Nineteen of
these entries advise an exporter, reexporter or transferor to review
Sec.  746.5 to make a determination whether an export, reexport or
transfer (in-country) to any of the nineteen entities is destined to
one of the three prohibited end uses in Russia specified in Sec.
746.5. The entries further advise that if the contemplated export,
reexport, or transfer (in-country) is destined for one of the
prohibited end uses, a license is required for all items subject to the
EAR. The entries for these nineteen entities specify under the License
Requirements column that a license is required ``for all items subject
to the EAR when used in projects specified in Sec.  746.5 of the EAR.''
    The twentieth entry, for Yuzhno-Kirinskoye Field, in the Sea of
Okhotsk, also includes a reference to Sec.  746.5, but uses different
text to reference Sec.  746.5, which was intentional by BIS.
Specifically, this entry uses the parenthetical phrase ``(See Sec.
746.5 of the EAR)'' in the License Requirements column for this entity.
As was noted in the August 7, 2015 final rule (80 FR 47402), exports,
reexports, and transfers (in-country) of all items subject to the EAR
to this entity by any person without first obtaining a BIS license has
been determined by the U.S. Government to present an unacceptable risk
of use in, or diversion to, the activities specified in paragraph
(a)(1) of Sec.  746.5, namely exploration for, or production of, oil or
gas in Russian deepwater (greater than 500 feet) locations. Therefore,
a license requirement for all items subject to the EAR is warranted.
This means unlike the other nineteen entries that reference Sec.  746.5
where the license requirement only applies if the item is destined for
one of the three prohibited end uses specified in Sec.  746.5, in the
case of this one entry, Yuzhno-Kirinskoye Field, in the Sea of Okhotsk,
any export, reexport or transfer (in-country) is presumptively within
the scope of Sec.  746.5, meaning a license is required for any item
subject to the EAR without regard to the item's end use. BIS also
intends to include a new Russia FAQ on the BIS Web site to provide
additional regulatory guidance on this issue of application, but the
agency also determined it is helpful to include regulatory guidance on
this issue in the preamble of this Entity List rule to assist the
public's understanding of these existing Entity List provisions. The
scope of this entry is not changing, thus, this final rule does not
make any changes to this entry.

Export Administration Act

    Although the Export Administration Act expired on August 20, 2001,
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 7,

2015, 80 FR 48233 (August 11, 2015), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act. 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 has been determined to be not significant for
purposes of Executive Order 12866.
    2. Notwithstanding any other provision 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 regulation involves
collections previously approved by OMB under control number 0694-0088,
Simplified Network Application Processing System, which includes, among
other things, license applications and carries a burden estimate of
43.8 minutes for a manual or electronic submission. Total burden hours
associated with the PRA and OMB control number 0694-0088 are not
expected to increase as a result of this rule. You may send comments
regarding the collection of information associated with this rule,
including suggestions for reducing the burden, to Jasmeet K. Seehra,
Office of Management and Budget (OMB), by email to
<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public comment and a delay in effective date are inapplicable because
this regulation involves a military or foreign affairs function of the
United States. (See 5 U.S.C. 553(a)(1)). BIS implements this rule to
protect U.S. national security or foreign policy interests by
preventing items from being exported, reexported, or transferred (in
country) to the persons being added to the Entity List. If this rule
were delayed to allow for notice and comment and a delay in effective
date, then the entities being added to the Entity List by this action
would continue to be able to receive items without a license and to
conduct activities contrary to the national security or foreign policy
interests of the United States. In addition, publishing a proposed rule
would give these parties notice of the U.S. Government's intention to
place them on the Entity List and would create an incentive for these
persons to either accelerate receiving items subject to the EAR to
conduct activities that are contrary to the national security or
foreign policy interests of the United States, and/or to take steps to
set up additional aliases, change addresses, and other measures to try
to limit the impact of the listing on the Entity List once a final rule
was published. Further, no other law requires that a notice of proposed
rulemaking and an opportunity for public comment be given for this
rule. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly,
no regulatory flexibility analysis is required and none has been
prepared.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    For the reasons stated in the preamble, the Bureau of Industry and
Security amends part 744 of the Export Administration Regulations (15
CFR parts 730-774) as follows:

PART 744--[AMENDED]

0
1. The authority citation for 15 CFR part 744 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 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. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; 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 January 21, 2015, 80 FR 3461
(January 22, 2015); Notice of August 7, 2015, 80 FR 48233 (August
11, 2015); Notice of September 18, 2015, 80 FR 57281 (September 22,
2015); Notice of November 12, 2015, 80 FR 70667, November 13, 2015.

0
2. Supplement No. 4 to part 744 is amended:
0
a. By adding under Crimea region of Ukraine, in alphabetical order,
seven entities;
0
b. By adding under Cyprus, in alphabetical order, one Cypriot entity;
0
c. By adding under Luxembourg, in alphabetical order, one Luxembourgish
entity;
0
d. By adding in alphabetical order the destination of Panama under the
Country Column, and one Panamanian entity;
0
e. By adding under Russia, in alphabetical order, four Russian
entities;
0
f. By adding under Switzerland, in alphabetical order, one Swiss
entity; and
0
g. By adding under the United Kingdom, in alphabetical order, two
British entities.
    The additions read as follows:
Supplement No. 4 to Part 744--Entity List
* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                          License review       Federal Register
         Country                  Entity          License requirement         policy               citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
CRIMEA REGION OF UKRAINE.  Aktsionernoe          For all items         Presumption of        80 FR [INSERT FR
                            Obschestvo            subject to the EAR.   denial.               PAGE NUMBER]; 12/
                            `Yaltinskaya          (See Sec.   744.11                          28/2015.
                            Kinodstudiya,'        of the EAR).
                            a.k.a., the
                            following eight
                            aliases:
                           --CJSC Yalta-Film;

                           --Film Studio Yalta-
                            Film;
                           --Joint Stock
                            Company Yalta Film
                            Studio;
                           --JSC Yalta Film
                            Studio;
                           --Kinostudiya Yalta-
                            Film;
                           --Oao Yaltinskaya
                            Kinostudiya;
                           --Yalta Film Studio;
                            and
                           --Yalta Film
                            Studios.
                           Ulitsa Mukhina,
                            Building 3, Yalta,
                            Crimea 298063,
                            Ukraine; and
                            Sevastopolskaya 4,
                            Yalta, Crimea,
                            Ukraine.
                                                                 * * * * * *
                           Crimean Enterprise    For all items         Presumption of        80 FR [INSERT FR
                            Azov Distillery       subject to the EAR.   denial.               PAGE NUMBER; 12/28/
                            Plant, a.k.a., the    (See Sec.   744.11                          2015.
                            following five        of the EAR).
                            aliases:
                           --Azovsky
                            Likerogorilchany
                            Zavod, Krymske
                            Respublikanske
                            Pidpryemstvo;
                           --Azovsky Likerovo-
                            Dochny Zavod;
                           --Crimean Republican
                            Enterprise Azov
                            Distillery;
                           --Crimean Republican
                            Enterprise Azovsky
                            Likerovodochny
                            Zavod; and
                           --Krymske
                            Respublikanske
                            Pidpryemstvo
                            Azovsky
                            Likerogorilchany
                            Zavod
                           Bud. 40 vul.
                            Zaliznychna, Smt
                            Azovske,
                            Dzhankoisky R-N,
                            Crimea 96178,
                            Ukraine; and 40
                            Railway St., Azov,
                            Dzhankoy District
                            96178, Ukraine; and
                            40
                            Zeleznodorozhnaya
                            str., Azov,
                            Jankoysky District
                            96178, Ukraine.
                                                                 * * * * * *
                           Resort Nizhnyaya      For all items         Presumption of        80 FR [INSERT FR
                            Oreanda (f.k.a.,      subject to the EAR.   denial.               PAGE NUMBER]; 12/
                            Federalnoe            (See Sec.   744.11                          28/2015.
                            Gosudarstvennoe       of the EAR).
                            Byudzhetnoe
                            Uchrezhdenie
                            Sanatori Nizhnyaya
                            Oreanda
                            Upravleniya),
                            a.k.a., the
                            following three
                            aliases:
                           --Federalnoe
                            Gosudarstvennoe
                            Byudzhetnoe
                            Uchrezhdenie
                            Sanatori Nizhnyaya
                            Oreanda Upravleniya
                            Delami Prezidenta
                            Rossiskoi Fe;
                           --FGBU Sanatori
                            Nizhnyaya Oreanda;
                            and
                           --Sanatorium
                            Nizhnyaya Oreanda
                           Pgt Oreanda, Dom 12,
                            Yalta, Crimea
                            298658, Ukraine;
                            and Resort
                            Nizhnyaya Oreanda,
                            Oreanda, Yalta
                            08655, Crimea;
                            Oreanda--12, Yalta
                            298658, Crimea.
                           State Concern         For all items         Presumption of        80 FR [INSERT FR
                            National Production   subject to the EAR.   denial.               PAGE NUMBER]; 12/
                            and Agricultural      (See Sec.   744.11                          28/2015.
                            Association           of the EAR).
                            Massandra, a.k.a.,
                            the following four
                            aliases:
                           --Massandra National
                            Industrial Agrarian
                            Association of Wine
                            Industry;
                           --Massandra State
                            Concern, National
                            Production and
                            Agrarian Union,
                            OJSC;
                           --Nacionalnoye Proiz-
                            Vodstvenno
                            Agrarnoye
                            Obyedinenye
                            Massandra; and
                           --State Concern
                            National
                            Association of
                            Producers
                            Massandra.
                           6, str. Mira,
                            Massandra, Yalta
                            98600, Ukraine; and
                            6, Mira str.,
                            Massandra, Yalta,
                            Crimea 98650,
                            Ukraine; and Mira
                            str, h. 6,
                            Massandra, Yalta,
                            Crimea 98600,
                            Ukraine; and 6,
                            Myra st.,
                            Massandra, Crimea
                            98650, Ukraine.

                                                                 * * * * * *
                           State Enterprise      For all items         Presumption of        80 FR [INSERT FR
                            Factory of            subject to the EAR.   denial.               PAGE NUMBER];12/28/
                            Sparkling Wine Novy   (See Sec.   744.11                          2015.
                            Svet, a.k.a., the     of the EAR).
                            following six
                            aliases:.
                           --Derzhavne
                            Pidpryemstvo Zavod
                            Shampanskykh Vyn
                            Novy Svit;
                           --Gosudarstvenoye
                            Predpriyatiye Zavod
                            Shampanskykh Vin
                            Novy Svet;
                           --Novy Svet Winery;
                           --Novy Svet Winery
                            State Enterprise;
                           --State Enterprise
                            Factory of
                            Sparkling Wines New
                            World; and
                           --Zavod Shampanskykh
                            Vyn Novy Svit, DP.
                           1 Shaliapin Street,
                            Novy Svet Village,
                            Sudak, Crimea
                            98032, Ukraine; and
                            Bud. 1 vul.
                            Shalyapina Smt,
                            Novy Svit, Sudak,
                            Crimea 98032,
                            Ukraine; and 1
                            Shalyapina str.
                            Novy Svet, Sudak
                            98032, Ukraine.
                                                                 * * * * * *
                           State Enterprise      For all items         Presumption of        80 FR [INSERT FR
                            Magarach of the       subject to the EAR.   denial.               PAGE NUMBER] 12/28/
                            National Institute    (See Sec.   744.11                          2015.
                            of Wine, a.k.a.,      of the EAR).
                            the following five
                            aliases:
                           --Agrofirma Magarach
                            Natsionalnogo
                            Instytutu Vynogradu
                            I Vyna Magarach,
                            DP;
                           --Derzhavne
                            Pidpryemstvo
                            Agrofirma Magarach
                            Natsionalnogo
                            Instytutu Vynogradu
                            I Vyna Magarach;
                           --Gosudarstvenoye
                            Predpriyatiye Agro-
                            Firma Magarach
                            Nacionalnogo
                            Instituta Vinograda
                            I Vina Magarach;
                           --Magarach
                            Agricultural
                            Company Of National
                            Institute Of Wine
                            And Grapes
                            Magarach; and
                           --State Enterprise
                            Agricultural
                            Company Magarach
                            National Institute
                            of Vine and Wine
                            Magarach
                           Bud. 9 vul.
                            Chapaeva, S.Viline,
                            Bakhchysaraisky R-
                            N, Crimea 98433,
                            Ukraine; and 9
                            Chapayeva str.,
                            Vilino,
                            Bakhchisaray
                            Region, Crimea
                            98433, and Ukraine;
                            and 9 Chapayeva
                            str., Vilino,
                            Bakhchisarayski
                            district 98433,
                            Ukraine; and 9,
                            Chapaeva Str.,
                            Vilino,
                            Bakhchisaray
                            Region, Crimea
                            98433, Ukraine.
                                                                 * * * * * *
                           State Enterprise      For all items         Presumption of        80 FR [INSERT FR
                            Universal-Avia,       subject to the EAR.   denial.               PAGE NUMBER]; 12/
                            a.k.a., the           (See Sec.   744.11                          28/2015.
                            following six         of the EAR).
                            aliases:
                           --Crimean State
                            Aviation Enterprise
                            Universal-Avia;
                           --Gosudarstvennoe
                            Unitarnoe
                            Predpriyatie
                            Respubliki Krym
                            Universal;
                           --Gosudarstvennoe
                            Unitarnoe
                            Predpriyatie
                            Respubliki Krym
                            Universal-Avia;
                           --Gosudarstvenoye
                            Predpriyatiye
                            Universal-Avia;
                           --Universal-Avia,
                            Crimea State
                            Aviation
                            Enterprise; and
                           --Universal-Avia,
                            Gup RK
                           5, Aeroflotskaya
                            Street, Simferopol,
                            Crimea 95024,
                            Ukraine.
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
CYPRUS...................                                        * * * * * *
                           White Seal Holdings   For all items         Presumption of        80 FR [INSERT FR
                            Limited, 115 Spyrou   subject to the EAR.   denial.               PAGE NUMBER]; 12/
                            Kyprianou Avenue,     (See Sec.   744.11                          28/2015.
                            Limassol 3077,        of the EAR).
                            Cyprus.
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
LUXEMBOURG...............  Maples SA,..........  For all items         Presumption of        80 FR [INSERT FR
                           Boulevard Royal 25/B   subject to the EAR.   denial.               PAGE NUMBER]; 12/
                            2449, Luxembourg.     (See Sec.   744.11                          28/2015.
                                                  of the EAR).
                                                                 * * * * * *
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
PANAMA...................  Lerma Trading S.A.,   For all items         Presumption of        80 FR [INSERT FR
                            Calle 53a, Este,      subject to the EAR.   denial.               PAGE NUMBER]; 12/
                            Panama.               (See Sec.   744.11                          28/2015.
                                                  of the EAR).
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
RUSSIA...................                                        * * * * * *
                           Avia Group Terminal   For all items         Presumption of        80 FR [INSERT FR
                            Limited Liability     subject to the EAR.   denial.               PAGE NUMBER]; 12/
                            Company, a.k.a.,      (See Sec.   744.11                          28/2015.
                            the following three   of the EAR).
                            aliases:
                           --AG Terminal OOO;
                           --LLC AG Terminal;
                            and
                           --Obshchestvo S
                            Ogranichennoi
                            Otvetstvennostyu
                            Avia Grupp
                            Terminal, Ter.
                           Aeroport
                            Sheremetyevo,
                            Khimki, Moscovskaya
                            Oblast 141400,
                            Russia.
                                                                 * * * * * *
                           OAO                   For all items         Presumption of        80 FR [INSERT FR
                            Volgogradneftemash    subject to the EAR.   denial.               PAGE NUMBER]; 12/
                            (f.k.a. Dochernee     (See Sec.   744.11                          28/2015.
                            Aktsionernoe          of the EAR).
                            Obshchestvo
                            Otkrytogo Tipa
                            Volgogradneftemash
                            Rossiiskogo
                            Aktsionernogo
                            Obshchestva
                            Gazprom), a.k.a.,
                            the following two
                            aliases:
                           --JSC
                            Volgogradneftemash;
                            and
                           --Otkrytoe
                            Aktsionernoe
                            Obshchestvo
                            Volgogradneftemash.
                           45 Ulitsa
                            Elektrolesovskaya,
                            Volgograd,
                            Volgogradskaya
                            Oblast 400011,
                            Russia.
                                                                 * * * * * *
                           Otkrytoe              For all items         Presumption of        80 FR [INSERT FR
                            Aktsionernoe          subject to the EAR.   denial.               PAGE NUMBER] 12/28/
                            Obshchestvo           (See Sec.   744.11                          2015.
                            Vneshneekonomichesk   of the EAR).
                            oe Obedinenie
                            Tekhnopromeksport,
                            a.k.a., the
                            following seven
                            aliases:
                           --Joint Stock
                            Company Foreign
                            Economic
                            Association
                            Tekhnopromexport;
                           --JSC
                            Tekhnopromexport;
                           --JSC Vo
                            Tekhnopromexport;
                           --OJSC
                            Technopromexport;
                           --Open Joint Stock
                            Company Foreign
                            Economic
                            Association
                            Tekhnopromexport;
                           --VO
                            Tekhnopromeksport,
                            OAO; and
                           --``JSC TPE.''

                           d. 15 str. 2 ul.
                            Novy Arbat, Moscow
                            119019, Russia.
                                                                 * * * * * *
                           Transservice LLC,     For all items         Presumption of        80 FR [INSERT FR
                            a.k.a., the           subject to the EAR.   denial                PAGE NUMBER]; 12/
                            following three       (See Sec.   744.11                          28/2015.
                            aliases:              of the EAR)
                           --Limited Liability
                            Company
                            Transservis;.
                           --Obschestvo S
                            Ogranichennoi
                            Otvetstvennostyu
                            Transservis; and
                           --OOO Transservis.
                           35 Prospekt Gubkina,
                            Omsk, Omskaya
                            Oblast 664035,
                            Russia.
                                                                 * * * * * *
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
SWITZERLAND..............                                        * * * * * *
                           LTS Holding Limited   For all items         Presumption of        80 FR [INSERT FR
                            (f.k.a. IPP-          subject to the EAR.   denial.               PAGE NUMBER]; 12/
                            International         (See Sec.   744.11                          28/2015.
                            Petroleum Products    of the EAR).
                            Ltd.), Rue du
                            Conseil-General 20,
                            Geneva 1204,
                            Switzerland. (See
                            alternate address
                            under United
                            Kingdom).
                                                                 * * * * * *
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
UNITED KINGDOM...........                                        * * * * * *
                           Fentex Properties     For all items         Presumption of        80 FR [INSERT FR
                            LTD., Tortola,        subject to the EAR.   denial.               PAGE NUMBER]; 12/
                            British Virgin        (See Sec.   744.11                          28/2015.
                            Islands.              of the EAR).
                           LTS Holding Limited   For all items         Presumption of        80 FR [INSERT FR
                            (f.k.a. IPP-          subject to the EAR.   denial.               PAGE NUMBER]; 12/
                            International         (See Sec.   744.11                          28/2015.
                            Petroleum Products    of the EAR).
                            Ltd.), Tortola,
                            British Virgin
                            Islands. (See
                            alternate address
                            under Switzerland).
                                                                 * * * * * *
----------------------------------------------------------------------------------------------------------------

    Dated: December 22, 2015.
Eric L. Hirschhorn,
Under Secretary of Commerce for Industry and Security.
[FR Doc. 2015-32607 Filed 12-24-15; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register Volume 78, Number 185 (Tuesday, September 24, 2013)]
[Proposed Rules]
[Pages 58501-58507]
[FR Doc No: 2013-22952]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107 and 109

[Docket No. PHMSA-2012-0258 (HM-258A)]
RIN 2137-AE97

Hazardous Materials: Failure To Pay Civil Penalties

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice of Proposed Rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: PHMSA proposes to amend the hazardous materials procedural
found under our regulations. Specifically, this proposed action would
prohibit a person who fails to pay a civil penalty as ordered, or fails
to abide by a payment agreement, from performing activities regulated
by the Hazardous Materials Regulations until payment is made.

DATES: Comments must be received by November 25, 2013.

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System; U.S. Department of
Transportation, Docket Operations, M-30, West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: To the U.S. Department of Transportation,
Docket Operations, M-30, West Building, Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
    Instructions: Include the agency name and docket number PHMSA-2012-
0258 (HM-258A) or the Regulatory Identification Number (RIN) 2137-AE97
for this notice of proposed rulemaking at the beginning of your
comment. Please note that all comments received will be posted without
change to http://www.regulations.gov, including any personal
information provided.
    Privacy Act: Anyone is able to search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or you
may visit http://www.regulations.gov.
    Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Tyler Patterson, Office of Chief
Counsel, telephone<PHONE_NUMBER>, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 1200 New
Jersey Ave., SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Overview of Penalty Procedures
    A. Pipeline and Hazardous Materials Safety Administration
    B. Federal Aviation Administration

    C. Federal Motor Carrier Safety Administration
    D. Federal Railroad Administration
II. Overview of Mandated Changes to the Penalty Procedures
III. Discussion of Rulemaking Proposals
IV. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for This Rulemaking
    B. Executive Order 12866, Executive Order 13563, and DOT
Regulatory Policies and Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
    F. Paperwork Reduction Act
    G. Regulatory Identifier Number (RIN)
    H. Unfunded Mandates Reform Act
    I. Executive Order 13609 and International Trade Analysis
    J. Environmental Assessment
    K. Privacy Act

I. Overview of Penalty Procedures

    Under authority delegated by the Secretary, four agencies within
the Department of Transportation (DOT) enforce the Hazardous Materials
Regulations (HMR), 49 CFR Parts 171-180, and other regulations,
approvals, special permits, and orders issued under Federal Hazardous
Material Transportation Law (Hazmat Law), 49 U.S.C. 5101 et seq.; the
Federal Aviation Administration (FAA), 49 CFR 1.83(d); the Federal
Motor Carrier Safety Administration (FMCSA), 49 CFR 1.87(d); the
Federal Railroad Administration (FRA), 49 CFR 1.89(j); and the Pipeline
and Hazardous Materials Safety Administration (PHMSA), 49 CFR 1.97(b).
    Although the United States Coast Guard (USCG) also is authorized to
enforce the HMR in connection with certain transportation or shipment
of hazardous materials by water, nothing in this proposed rule affects
USCG's enforcement authority with respect to transportation of
hazardous materials by water. The authority originated with the
Secretary and was first delegated to USCG prior to 2003, when USCG was
made part of the Department of Homeland Security. Enforcement authority
over ``bulk transportation of hazardous materials that are loaded or
carried on board a vessel without benefit of containers or labels, and
received and handled by the vessel without mark or count, and
regulations and exemptions governing ship's stores and supplies'' was
also transferred in 2003 to the USCG. DHS Delegation No. 0170, Sec.
2(99) & 2(100); see also 6 U.S.C. Sec. Sec.  457 and 551(d)(2). DOT
will continue to coordinate its inspections, investigations, and
enforcement actions with the USCG, through a Memorandum of
Understanding (MOU) or otherwise, to avoid duplicative or conflicting
efforts.
    The rules of practice for hazardous materials penalty proceedings
are governed by each agency's delegated regulatory authority. Each
agency affected by this proposed rule will have the authority to apply
these proposed provisions as an augmentation of its current enforcement
and debt collection practices after an enforcement action has been
fully adjudicated and the entity ordered to pay a penalty has failed to
do so.

A. Pipeline and Hazardous Materials Safety Administration

    PHMSA's enforcement procedures related to violation(s) of the HMR
are described in 49 CFR Part 107, Subpart D. Violations that do not
substantially impact safety are handled through the ticket process
under 49 CFR Sec.  107.310 and would be exempt from this proposed rule.
For other hazardous materials violations, PHMSA begins the process of
assessing civil penalties by serving a notice of probable violation
(NOPV) on a person alleging the violation of hazardous materials
operations.
    As directed in 49 CFR Sec.  107.311, the NOPV must include the
following information: (1) A citation of the provision(s) of the HMR,
order, or special permit which PHMSA believes the respondent has
violated, (2) a statement of the factual allegations upon which the
demand for remedial action or civil penalty is based, (3) a statement
of the respondent's right to present written or oral explanations,
information, and arguments in answer to the allegations and in
mitigation of the sanction sought in the notice of probable violation,
(4) a statement of the respondent's right to request a hearing and the
procedures for requesting a hearing, and (5) the proposed civil penalty
and payment information. Once the matter is fully adjudicated or a
settlement is reached, PHMSA issues an order. Orders outline the terms
and outcome of the enforcement action, including the final penalty
amount due, and they describe any payment arrangements made between the
agency and the respondent. This proposed rule would affect only those
respondents who violate the payment terms of an order.

B. Federal Aviation Administration

    FAA's enforcement procedures related to the violation(s) of the HMR
are described in 14 CFR Part 13. FAA begins the process of assessing
civil penalties by issuing a notice of proposed civil penalty as
described in 14 CFR Sec.  13.16(f). Once the matter is fully
adjudicated or a settlement is reached, the FAA issues an order
assessing a civil penalty and establishing payment terms. This proposed
rule would affect only those persons who violate the payment terms of
an order (for violations of the HMR) issued under 14 CFR Sec.
13.16(c).

C. Federal Motor Carrier Safety Administration

    FMCSA's enforcement procedures related to violation(s) of the HMR
or the Federal Motor Carrier Safety Regulations (FMCSR; 49 CFR Part
397) are described in 49 CFR Part 386. FMCSA begins the process of
assessing civil penalties by issuing a notice of claim (NOC), as
described in 49 CFR Sec.  386.11(c). Each NOC sets forth the facts
alleged, states the provisions of the regulations allegedly violated by
the respondent, proposes a civil penalty, and indicates the time, form,
and manner whereby the respondent may pay, contest, or otherwise seek
resolution of the claim. Once the matter is fully adjudicated or a
settlement is reached, FMCSA issues a final agency order. The order
sets the payment terms and final penalty amount. This proposed rule
would affect only those respondents who violate the payment terms of an
order (for violations of the HMR) issued under 49 CFR Part 386.

D. Federal Railroad Administration

    The FRA's enforcement procedures related to violations of the HMR
are described in 49 CFR Part 209, Subpart B. FRA begins the process of
assessing civil penalties by issuing an NOPV. The NOPV includes a
statement of the provisions that the respondent is believed to have
violated, a statement of the factual allegations, notice of the amount
of the civil penalty proposed to be assessed, and a description of the
response options available to the respondent. Once the matter is fully
adjudicated or a settlement is reached, FRA issues an order setting the
payment terms of the assessed penalty, if applicable. This proposed
rule would affect only those respondents who violate the payment terms
of an order (for violations of the HMR) issued under 49 CFR Part 209,
Subpart B.

II. Overview of Mandated Changes to the Penalty Procedures

    Section 33010 of the Moving Ahead for Progress in the 21st Century
Act (MAP-21) (Pub. L. 112-141, 126 Stat. 405, at 837) amended 49 U.S.C.
Sec.  5123 to prohibit a person from engaging in business operations
involving the

transportation of hazardous materials (i.e., hazardous materials
operations) if that person has failed to either pay a civil penalty
assessed under Chapter 51 of title 49, or failed to arrange and abide
by a payment plan, beginning on the 91st day after the payment due date
specified by the order or payment plan, unless the person has filed a
formal administrative or judicial appeal of the penalty.
    Section 33010 of MAP-21 provides an exception to the prohibition on
hazardous materials operations after nonpayment of penalties for
debtors in Chapter 11 bankruptcy. The express language of the statutory
exception states that the prohibition ``shall not apply to any person
who is unable to pay a civil penalty because such person is a debtor in
a case under chapter 11 of title 11.'' PHMSA believes that the
Congress, in creating the bankruptcy exception, did not intend to
exempt all Chapter 11 debtors from the prohibition on hazardous
materials operations after nonpayment of penalties. Congress recognized
that the determination of whether a Chapter 11 debtor is able to pay
certain debts is within the jurisdiction of the bankruptcy court. PHMSA
interprets the statutory language as requiring the agency to seek a
determination from the bankruptcy court of a debtor's ability to pay a
civil penalty claim prior to imposing the prohibition on hazardous
materials operation after nonpayment of penalties.
    Under the automatic stay provisions of the Bankruptcy Code, a
petition filed in bankruptcy ``operates as a stay, applicable to all
entities of . . . the commencement or continuation . . . of a judicial,
administrative, or other action or proceeding against the debtor that
was or could have been commenced before the commencement of the
bankruptcy case. . . .'' 11 U.S.C. Sec.  362(a). However, ``the filing
of a petition . . . does not operate as a stay . . . of the
commencement or continuation of an action or proceeding by a
governmental unit to enforce such governmental unit's police or
regulatory power . . . and . . . of the enforcement of a judgment,
other than a monetary judgment, obtained in an action or proceeding by
a governmental unit to enforce such unit's police or regulatory
power.'' 11 U.S.C 362(b)(4).
    In determining whether an agency action fits within the exemption
of section 362(b)(4), the courts have developed the ``public policy''
test, which distinguishes between governmental proceedings aimed at
accomplishing public policy and those aimed at protecting the
government's pecuniary interest in the debtor's property. See Eddleman
v. U.S. Department of Labor, 923 F. 2d 782 (10th Cir. 1991); and NLRB
v. Edward Cooper Painting, Inc., 804 F. 2d 934 (6th Cir. 1986). Agency
proceedings under Section 33010 of MAP-21 are designed to bring about
the public policy of enforcing compliance with the Hazmat Law and the
HMR. As a result, filing for bankruptcy protection under Chapter 11 or
any other chapter does not automatically relieve a person from its
regulatory or payment obligations.
    Section 33010 of MAP-21 does not address or instruct DOT to
prohibit hazardous materials operations by those persons who have not
paid penalties assessed prior to the granting of this authority.
Without specific instruction on retroactivity, the presumption against
retroactive application prevents PHMSA from applying Section 33010 MAP-
21 to respondents whose final order was issued prior to the issuance of
a final rule. Consequently, provisions of this proposed rule, once
finalized, will apply to all final agency orders that assess penalties
issued on or after the effective date of the final rule.

III. Discussion of Rulemaking Proposals

    This notice of proposed rulemaking (NPRM) amends 49 CFR Part 109 to
implement the authority granted under Section 33010 to MAP-21's
amendment to 49 U.S.C. Sec.  5123 to prohibit a person from engaging in
hazardous materials operations upon failure to pay a civil penalty.
Specifically, we propose to adopt a new Subpart E to Part 109 setting
forth procedures to require a person who is delinquent in paying civil
penalties to cease hazardous materials operations until payment has
been made or an acceptable payment plan has been arranged. We also
propose to add procedural requirements to ensure that a person subject
to the prohibition is notified in writing and given an opportunity to
respond before being required to cease hazardous materials operations.
    Under the provisions of this NPRM, the agency which issued the
final order outlining the terms and outcome of an enforcement action
will send the respondent a Cessation of Operations Order (COO) if
payment has not been received within 45 calendar days after the payment
due date or a payment plan installment date as specified in the final
order. The COO would notify the respondent that it must cease hazardous
materials operations on the 91st calendar day after failing to make
payment in accordance with the agency's final order or payment plan
arrangement, unless payment is made. A respondent will be allowed to
appeal the COO within 20 days of receipt of the order according to the
procedures set forth by the agency issuing the COO.
    As discussed above, section 33010 of MAP-21 specifically states
that the prohibition on hazardous materials operations shall not apply
to a person unable to pay civil penalties because such person is a
debtor in a case under chapter 11 of the Bankruptcy Code. Such a person
must provide the enforcing agency with the following information about
its bankruptcy proceeding: (1) The chapter of the Bankruptcy Code under
which the bankruptcy proceeding is filed (i.e., Chapter 7 or 11); (2)
the bankruptcy case number; (3) the court in which the bankruptcy
proceeding was filed; and (4) any other information requested by the
agency to determine a debtor's bankruptcy status. This information will
enable the agency to verify debtor status and to work with the
bankruptcy court, if needed, to assess the debtor's ability to pay
penalties when determining whether to prohibit hazardous materials
operations.
    PHMSA, FAA, FMCSA, and FRA caution regulated entities not to
construe the right to appeal a COO as an opportunity to re-argue the
merits of the penalty assessment. They will have had ample opportunity
to address these concerns at earlier stages in the enforcement process.
The only information sufficient to prevent the prohibition on hazardous
material operations after nonpayment of penalties would be proof of
payment, proof of bankruptcy debtor status and an inability to pay, or
an Emergency Stay issued by a Federal Circuit Court with jurisdiction
over these matters. Additionally, at the discretion of the agency, upon
appeal by the Respondent, the agency can rescind the COO if an
agreeable payment plan has been arranged. Persons that continue to
conduct regulated activities in violation of the COO will be subject to
additional penalties, including criminal prosecution pursuant to 49
U.S.C. Sec.  5124. PHMSA is providing a comment period of 60 days on
this proposed rule.

IV. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This proposed rule is published under the authority of 49 U.S.C.
5103(b), which authorizes the Secretary to prescribe regulations for
the safe transportation, including security, of hazardous material in
intrastate, interstate, and foreign commerce and under the authority of
49 U.S.C. 5121(e). This proposed rule would revise certain

civil enforcement authority to enable the appropriate DOT
administration to issue a Cessation of Operations Order (COO) to a
person who fails to pay civil penalties for violations of the HMR
assessed pursuant to 49 CFR Sec.  107.311 (PHMSA), 49 CFR Part 209,
Subpart B (FRA), 49 CFR Part 386 (FMCSA), and 14 CFR Part 13 (FAA. The
proposed rule carries out a statutory mandate and clarifies DOT's roles
and responsibilities in ensuring that hazardous materials are being
safely transported and in enhancing the regulated community's
compliance with regulatory requirements.

B. Executive Order 13610, Executive Order 13563, Executive Order 12866,
and DOT Regulatory Policies and Procedures

    This NPRM is not considered a significant regulatory action under
section 3(f) Executive Order 12866 and, therefore, was not reviewed by
the Office of Management and Budget (OMB). The proposed rule is not
considered a significant rule under the Regulatory Policies and
Procedures order issued by the U.S. Department of Transportation (44 FR
11034).
    Executive Order 13563 is supplemental to and reaffirms the
principles, structures, and definitions governing regulatory review
that were established in Executive Order 12866 Regulatory Planning and
Review of September 30, 1993. Executive Order 13563, issued January 18,
2011, notes that our nation's current regulatory system must not only
protect public health, welfare, safety, and our environment but also
promote economic growth, innovation, competitiveness, and job creation.
Further, this executive order urges government agencies to consider
regulatory approaches that reduce burdens and maintain flexibility and
freedom of choice for the public. In addition, federal agencies are
asked to periodically review existing significant regulations,
retrospectively analyze rules that may be outmoded, ineffective,
insufficient, or excessively burdensome, and modify, streamline,
expand, or repeal regulatory requirements in accordance with what has
been learned.
    Executive Order 13610, issued May 10, 2012, urges agencies to
conduct retrospective analyses of existing rules to examine whether
they remain justified and whether they should be modified or
streamlined in light of changed circumstances, including the rise of
new technologies.
    By building off of each other, these three Executive Orders require
agencies to regulate in the ``most cost-effective manner,'' to make a
``reasoned determination that the benefits of the intended regulation
justify its costs,'' and to develop regulations that ``impose the least
burden on society.'' PHMSA is proposing no changes to the HMR which
govern the transportation of hazmat thus the changes do not carry any
additional compliance requirements or costs for entities that must
comply with the HMR. The changes in this proposed rule will affect
entities after they have violated the HMR in ways that substantially
impact safety, a civil penalty has been assessed and the entities are
delinquent in the payment of the finally adjudicated administrative
penalties. Of the estimated 200,000 entities that PHMSA regulates, a
limited number are subject to civil penalty assessments in a given year
for violations related to the HMR. Fewer still disregard agency orders
requiring payment of civil penalties. Since 2010, on average, only 10
companies per year have been referred for debt collection after being
90 days overdue on their civil penalty assessments for PHMSA
enforcement actions. An entity that receives a COO and fails to pay its
penalty will incur costs associated with the cessation of activities
regulated under the HMR. However, this cost is associated with non-
compliance. Companies in compliance with the HMR will not bear any
costs.

C. Executive Order 13132

    This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 13132
(``Federalism''). Pursuant to 49 U.S.C. 5125(i), the preemption
provisions in Hazmat Law do ``not apply to any procedure . . . utilized
by a State, or Indian tribe to enforce a requirement applicable to the
transportation of hazardous material.'' Accordingly, this proposed rule
has no preemptive effect on State, local, or Indian tribe enforcement
procedures and penalties, and preparation of a federalism assessment is
not warranted.

D. Executive Order 13175

    This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 13175
(``Consultation and Coordination with Indian Tribal Governments'').
Because this proposed rule does not have tribal implications and does
not impose substantial direct compliance costs, the funding and
consultation requirements of Executive Order 13175 do not apply.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies

    The Regulatory Flexibility Act (5 U.S.C. Sec. Sec.  601 et seq.)
requires an agency to review regulations to assess their impact on
small entities unless the agency determines that a rule is not expected
to have significant impact on a substantial number of small entities.
Based on the assessment in the preliminary regulatory evaluation, I
hereby certify that the proposed rule will not have a significant
economic impact on a substantial number of small entities. This
proposed rule applies to offerors and carriers of hazardous materials,
some of which are small entities; however, there will not be any
economic impact on any person who complies with the Hazmat Law and the
regulations and orders issued under that law.
    Potentially affected small entities. The provisions in this
proposed rule will apply to persons who perform, or cause to be
performed, functions related to the transportation of hazardous
materials in commerce. This includes offerors of hazardous material and
persons in physical control of a hazardous material during
transportation in commerce. Such persons may primarily include motor
carriers, air carriers, vessel operators, rail carriers, temporary
storage facilities, and intermodal transfer facilities. Unless
alternative definitions have been established by the agency in
consultation with the Small Business Administration, the definition of
``small business'' has the same meaning as under the Small Business Act
(15 CFR parts 631-657c). Therefore, because no such special definition
has been established, PHMSA employs the thresholds (published in 13 CFR
121.201) of 1,500 employees for air carriers (NAICS Subgroup 481), 500
employees for rail carriers (NAICS Subgroup 482), 500 employees for
vessel operators (NAICS Subgroup 483), $18.5 million in revenues for
motor carriers (NAICS Subgroup 484), and $18.5 million in revenues for
warehousing and storage companies (NAICS Subgroup 493). Of the
approximately 200,000 entities to which this final rule would apply
(104,000 of which are motor carriers), we estimate that about 90
percent are small entities.
    Potential cost impacts. This proposed rule amends 49 CFR Part 109,
which contains regulations on the process for collecting civil
penalties. These regulations are not part of the HMR, which govern the
transportation of hazmat, thus they do not carry any additional
compliance requirements or

costs for entities that must comply with the HMR.
    Alternate proposals for small business. Because this proposed rule
addresses a Congressional mandate, we have limited latitude in defining
alternative courses of action. Taking no action would be inconsistent
with Congress' direction and undesirable from the standpoint of safety
and enforcement. Failure to implement the new authority will
substantially impact safety because entities that ignore assessed civil
penalties for violations of the HMR will continue to conduct hazardous
materials operations.

F. Paperwork Reduction Act

    PHMSA has analyzed this proposed rule in accordance with the
Paperwork Reduction Act of 1995 (PRA). The PRA requires Federal
agencies to minimize the paperwork burden imposed on the American
public by ensuring maximum utility and quality of federal information,
ensuring the use of information technology to improve government
performance, and improving the federal government's accountability for
managing information collection activities. This proposed rule contains
no new information collection requirements subject to the PRA.

G. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.

H. Unfunded Mandates Reform Act

    This proposed rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. PHMSA has concluded that the
proposed rule will not impose annual expenditures of $141.3 million on
State, local, or tribal governments or the private sector, and thus
does not require an Unfunded Mandates Act analysis.

I. Executive Order 13609 and International Trade Analysis

    Under E.O. 13609, agencies must consider whether the impacts
associated with significant variations between domestic and
international regulatory approaches are unnecessary or may impair the
ability of American business to export and compete internationally. In
meeting shared challenges involving health, safety, labor, security,
environmental, and other issues, international regulatory cooperation
can identify approaches that are at least as protective as those that
are or would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or
prevent unnecessary differences in regulatory requirements.
    Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective, such as providing for safety, and do not operate to exclude
imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards.
    PHMSA participates in the establishment of international standards
in order to protect the safety of the American public, and we have
assessed the effects of the proposed rule to ensure that it does not
cause unnecessary obstacles to foreign trade. Accordingly, this
rulemaking is consistent with E.O. 13609 and PHMSA's obligations under
the Trade Agreement Act, as amended.

J. Environmental Assessment

    The National Environmental Policy Act, 42 U.S.C. Sec. Sec.  4321-
4375, requires Federal agencies to analyze proposed actions to
determine whether an action will have a significant impact on the human
environment. The Council on Environmental Quality (CEQ) regulations
require Federal agencies to conduct an environmental review considering
(1) the need for the proposed action; (2) alternatives to the proposed
action; (3) probable environmental impacts of the proposed action and
alternatives; and (4) the agencies and persons consulted during the
consideration process. 40 CFR Sec.  1508.9(b).
1. Purpose and Need
    In Sec.  33010 of MAP-21, Congress required the Secretary to issue
regulations to require a person who is delinquent in paying civil
penalties to cease any activity regulated under the Hazmat Law until
payment has been made or until an acceptable payment plan has been
arranged. PHMSA believes that persons who fail to comply with the
Hazmat Law and fail to pay civil penalties are not fit to transport
hazardous materials, as they are more likely to jeopardize public
safety and/or the environment. The proposed rule and underlying
legislation may encourage companies that disregard the HMR to exit the
hazardous materials arena because continuing hazardous materials
transportation after a COO is punishable by additional penalties and
criminal prosecution. This tool will greatly enhance the enforcement
and debt collection tools available to PHMSA, FAA, FMCSA, and FRA,
without impacting entities that comply with final orders, the Hazmat
Law, and the HMR. See Background section of the preamble to this final
rule, supra.
2. Alternatives
    In MAP-21's amendments to 49 U.S.C. 5123(i), Congress specifies
that a person that ``fails to pay a civil penalty assessed under this
chapter, or fails to arrange and abide by an acceptable payment plan
for such civil penalty, may not conduct any activity regulated under
this chapter beginning on the 91st day after the date specified by
order of the Secretary for payment of such penalty.'' Congress also
provided limited exceptions for debtors in a case under chapter 11 of
title 11 and persons who have filed an appeal of an order. Because this
final rule simply carries out a prescriptive Congressional mandate,
PHMSA did not consider alternatives.
    CEQ regulations suggest that agencies consider the alternative of
no-action. 40 CFR Sec. Sec.  1502.14(d) and 1508.25(b). Although the
purpose of this rulemaking is to carry out the above-described mandate
in MAP-21, PHMSA will consider the environmental impacts of the no-
action alternative.
3. Analysis of Environmental Impacts
    The goal of this proposed rule is to prevent violators of the HMR
from ignoring enforcement proceedings and continuing to conduct
business subject to the HMR. PHMSA believes that such companies are not
fit to conduct hazardous materials transportation and may be more
likely to commit further violations that could endanger the public and
the environment. For these reasons, PHMSA believes that the proposed
rule could decrease the likelihood of hazardous materials incidents.
    A release of hazardous materials could result in a myriad of
environmental and human health consequences such as fires, explosions,
asphyxiation, contamination of marine environments, exposure of
increased levels of radioactivity, etc. If hazardous

material shipments are not properly marked, labeled, packaged, and
handled, as dictated by the HMR, risk of release and exposure
increases. Incidents occurring during aircraft or vessel transportation
are more likely to threaten human health and the environment. Emergency
responders are also at greater risk and are less effective at
responding to incidents when hazardous materials shipments do not
comply with prescribed communication requirements. PHMSA believes that
this proposed rule will further strengthen DOT's ability to ensure
compliance with the HMR, which decreases the likelihood of a hazardous
materials release, enhancing safety and environmental protection.
    If PHMSA were to select the ``no action'' alternative, contrary to
Congressional intent, entities that had been found to have violated the
HMR and made no effort to pay a civil penalty for more than 90 days
would be able to continue to perform functions subject to the HMR,
including preparing hazardous materials for shipment and shipping
hazardous materials in commerce. PHMSA believes allowing delinquent
adjudicated violators to continue to engage in regulated activities
while showing disregard for regulations and/or regulatory enforcement
orders would weaken PHMSA's ability to ensure compliance with the HMR.
4. Agencies and Persons Consulted
    In drafting this proposed rule, PHMSA consulted with FAA, FMCSA,
and FRA.
    Our determination is that this action would result in a generalized
positive impact on the human environment, but not significant to such a
degree as would warrant a detailed discussion of any impact(s); and
would result in no negative impacts to the human environment because
this action affects violators of the HMR. PHMSA encourages comments
from members of the public and stakeholders about possible
environmental impacts.

K. Privacy Act

    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or you
may visit http://www.dot.gov/privacy.html.

List of Subjects

49 CFR Part 107

    Administrative practices and procedure, Hazardous materials
transportation, Packaging and containers, Penalties, Reporting and
recordkeeping requirements.

49 CFR Part 109

    Definitions, Inspections and investigations, Emergency orders,
Imminent hazards, Remedies generally.

    In consideration of the foregoing, we are proposing to amend 49 CFR
Chapter I as follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
1. The authority citation for part 107 is revised to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section
4 (28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L.
104-134 section 31001; Pub. L. 112-141 section 33006; 49 CFR 1.81
and 1.97.

0
2. In Subpart D, add new Sec.  107.338 to read as follows:

Sec.  107.338  Prohibition of Hazardous Materials Operations.

    As provided for in Subpart E of part 109 of this subchapter, a
person who fails to pay a civil penalty in accordance with agreed upon
installments or in full within prescribed time lines, is prohibited
from conducting hazardous materials operations and shall immediately
cease all hazardous materials operations.

PART 109--DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIAL
PROCEDURAL REGULATIONS

0
3. The authority citation for part 109 is revised to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4
(28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L.
104-134 section 31001; 49 CFR 1.81, 1.97.

0
4. Revise the part heading to read as shown above.
0
5. Add new Subpart E, Prohibition on Hazardous Materials Operations
After Nonpayment of Penalties to read as follows:
Subpart E--Prohibition on Hazardous Materials Operations After
Nonpayment of Penalties
Secs.
Sec.  109.101 Prohibition of Hazardous Materials Operations.
Sec.  109.103 Notice of Nonpayment of Penalties.

Subpart E--Prohibition on Hazardous Materials Operations After
Nonpayment of Penalties

Sec.  109.101  Prohibition of Hazardous Materials Operations.

    (a) Definition of hazardous materials operations. For the purposes
of this subpart, hazardous materials operations means any activity
regulated under the Federal hazardous material transportation law, this
subchapter or subchapter C of this chapter, or an exemption or special
permit, approval, or registration issued under this subchapter or under
subchapter C of this chapter.
    (b) Failure to pay civil penalty in full. A respondent that fails
to pay a hazardous material civil penalty in full within 90 days after
the date specified for payment by an order of the Pipeline and
Hazardous Materials Safety Administration, Federal Motor Carrier Safety
Administration, Federal Railroad Administration, or Federal Aviation
Administration is prohibited from conducting hazardous materials
operations and shall immediately cease all hazardous materials
operations beginning on the next day (i.e., the 91st). The prohibition
shall continue until payment of the penalty has been made in full or at
the discretion of the agency issuing the order an acceptable payment
plan has been arranged.
    (c) Civil penalties paid in installments. On a case by case basis,
a respondent may be allowed to pay a civil penalty pursuant to a
payment plan, which may consist of installment payments. If the
respondent fails to make an installment payment contained in the
payment plan on the agreed upon schedule, the payment plan shall be
null and void and the full outstanding balance of the civil penalty
shall be payable immediately. A respondent that fails to pay the full
outstanding balance of its civil penalty within 90 days after the date
of the missed installment payment shall be prohibited from conducting
hazardous materials operations beginning on the next day (i.e., the
91st). The prohibition shall continue until payment of the outstanding
balance of the civil penalty has been made in full, including any
incurred interest or until at the discretion of the agency issuing the
order another acceptable payment plan has been arranged.
    (d) Appeals to Federal Court. If the respondent appeals an agency
order issued pursuant to Sec.  109.103 to a Federal Circuit Court of
Appeals, the terms and payment due date of the order are not stayed
unless the Court so specifies.

    (e) Applicability to ticketing. This section does not apply to a
respondent who fails to pay a civil penalty assessed by a ticket issued
pursuant to Sec.  107.310 of this subchapter.
    (f) Applicability to debtors. This section does not apply to a
respondent who is unable to pay a civil penalty because the respondent
is a debtor in a case under chapter 11, title 11, United States Code. A
respondent who is a debtor in a case under chapter 11, title 11, United
States Code must provide the following information to the agency
decision maker identified in the original agency order or on its
certificate of service.
    (1) The chapter of the Bankruptcy Code under which the bankruptcy
proceeding is filed;
    (2) The bankruptcy case number;
    (3) The court in which the bankruptcy proceeding was filed; and
    (4) Any other information requested by the agency to determine a
debtor's bankruptcy status.
    (g) Penalties for Prohibited Hazardous Materials Operations. A
respondent that continues to conduct hazardous materials operations in
violation of this section may be subject to additional penalties,
including criminal prosecution pursuant to 49 U.S.C. Sec.  5124.

Sec.  109.103  Notice of Nonpayment of Penalties.

    (a) If a full payment of a civil penalty, or an installment payment
as part of agreed upon payment plan, has not been made within 45 days
after the date specified for payment by the final agency order, the
agency may issue a cessation of hazardous materials operations order to
the respondent.
    (b) The cessation of hazardous materials operations order issued
under this section shall include the following information:
    (1) A citation to the statutory provision or regulation the
respondent was found to have violated and to the terms of the order or
agreement requiring payment;
    (2) A statement indicating that if the respondent fails to pay the
full outstanding balance of the civil penalty within 90 days after the
payment due date, the respondent shall be prohibited from conducting
any activity regulated under the Federal hazardous material
transportation law, this subchapter or subchapter C of this chapter, or
an exemption or special permit, approval, or registration issued under
this subchapter or under subchapter C of this chapter;
    (3) A statement describing the respondent's options for responding
to the order which will include an option to file an appeal for
reconsideration of the cessation of operations order within 20 days of
receipt of the order; and
    (4) A description of the manner in which the respondent can make
payment of any money due the United States as a result of the
proceeding (i.e., the full outstanding balance of the civil penalty).
    (c) The cessation of hazardous materials operation order will be
delivered by personal service, unless such service is impossible or
impractical. If personal service is impossible or impractical then
service may be made by certified mail or commercial express service. If
a respondent's principal place of business is in a foreign country, it
will be delivered to the respondent's designated agent (as prepared in
accordance with Sec.  105.40 of this subchapter).

    Issued in Washington, DC, on September 16, 2013, under authority
delegated in 49 CFR Part 106.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2013-22952 Filed 9-23-13; 8:45 am]
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[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Rules and Regulations]
[Pages 16983-16984]
[FR Doc No: 2022-06495]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 101

Food Labeling

CFR Correction

    This rule is being published by the Office of the Federal Register
to correct an editorial or technical error that appeared in the most
recent annual revision of the Code of Federal Regulations.

0
In Title 21 of the Code of Federal Regulations, Parts 100 to 169,
revised as of April 1, 2021, in Sec.  101.36, reinstate paragraph
(e)(11)(viii) as follows:

Sec.  101.36  Nutrition labeling of dietary supplements.

* * * * *
    (e) * * *
    (11) * * *

[GRAPHIC] [TIFF OMITTED] TR25MR22.000

* * * * *
[FR Doc. 2022-06495 Filed 3-24-22; 8:45 am]
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[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Notices]
[Page 26276]
[FR Doc No: 2015-10997]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0878]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approval; Premarket Notification for a New
Dietary Ingredient

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
collection of information entitled, ``Premarket Notification for a New
Dietary Ingredient'' has been approved by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On February 27, 2015, the Agency submitted a
proposed collection of information entitled, ``Premarket Notification
for a New Dietary Ingredient'' to OMB for review and clearance under 44
U.S.C. 3507. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. OMB has now approved the
information collection and has assigned OMB control number 0910-0330.
The approval expires on March 31, 2018. A copy of the supporting
statement for this information collection is available on the Internet
at http://www.reginfo.gov/public/do/PRAMain.

    Dated: May 4, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-10997 Filed 5-6-15; 8:45 am]
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