[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Rules and Regulations]
[Pages 50511-50517]
[FR Doc No: 2017-23712]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 740

[Docket No. 160303181-6181-01]
RIN 0694-AG80

Clarifications to the Export Administration Regulations for the
Use of License Exceptions

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This final rule makes clarifications to the Export
Administration Regulations (EAR) to provide guidance based on existing
agency understanding and practice on the use of two license exceptions.
Specifically, this final rule makes three clarifications to License
Exception Governments, International Organizations, International
Inspections under the Chemical Weapons Convention, and the
International Space Station (GOV) and adds five notes, along with
making other minor clarifications, to License Exception Strategic Trade
Authorization (STA). These revisions respond to questions BIS has
received about the use of these two EAR license exceptions and provide
the general public answers to frequently asked questions based on
existing agency interpretive practice. Therefore, the clarifications in
this final rule do not change the EAR requirements for the use of the
license exceptions but are intended to assist exporters new to the EAR.

DATES: This rule is effective November 1, 2017.

FOR FURTHER INFORMATION CONTACT: Timothy Mooney, Regulatory Policy
Division, Bureau of Industry and Security, Department of Commerce,
Phone:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    This final rule revises part 740 of the Export Administration
Regulations (EAR) by clarifying two license exceptions based on
existing agency understanding and practice. To provide the general
public with guidance on using these license exceptions, this final rule
makes three clarifications to License Exception Governments,
International Organizations, International Inspections under the
Chemical Weapons Convention, and the International Space Station (GOV)
and adds five notes, along with making other minor clarifications, to
License Exception Strategic Trade Authorization (STA). These changes
are described below under sections: (A) Clarifications for License
Exception GOV and (B) Clarifications for License Exception STA.
    With these revisions, BIS is not changing the EAR requirements for
the use of these license exceptions. Instead, the agency seeks to
provide sufficient guidance within the EAR to answer questions the
agency frequently receives from the public as to the application of the
two license exceptions. These clarifications should be particularly
helpful to exporters who are new to the EAR, including exporters of
items that have recently moved to the EAR from the International
Traffic in Arms Regulations (ITAR) as a result of the United States
Munitions List to the Commerce Control List review process.

(A) Clarifications for License Exception GOV

    This final rule revises License Exception GOV, Sec.  740.11, to
make three clarifications. Specifically, this final rule revises
paragraph (b)(2)(ii); adds a new note to paragraph (b)(2)(iii)(C); and
adds a new note to paragraph (c)(1). These clarifications do not change
the applicability or any other requirements of License Exception GOV
and are limited to providing guidance on how BIS interprets these
paragraphs of License Exception GOV in response to questions from the
public.
    Paragraph (b)(2)(ii). The final rule revises paragraph (b)(2)(ii)
of License Exception GOV to add two sentences to clarify the
applicability of the term `contractor support personnel,' which is
defined in paragraph (b)(2)(ii) of License Exception GOV. BIS has
received questions regarding the locations where `contractor support
personnel' must work and the level of U.S. Government supervision
needed for personnel to be considered `contractor support personnel.'
The first sentence that this final rule adds to paragraph (b)(2)(ii)
clarifies that `contractor support personnel' is limited to those
individuals who are providing such support within a U.S. Government
owned or operated facility or under the direct supervision of a U.S.
government employee. This final rule adds a parenthetical phrase to
clarify that a U.S. government employee is an individual directly
employed by the U.S. Government.
    As an example of persons directly employed who would meet the
`contractor support personnel' definition, BIS provides the following:
A U.S. Government agency plans to conduct a study of soy bean
cultivation in Malaysia and the U.S. Government agency team will
include three `contractor support personnel' providing scientific
support to the U.S. Government agency's study. These three `contractor
support personnel' will work at the U.S. Embassy in Malaysia to process
and analyze agricultural field data being gathered by U.S. Government
personnel as part of a study. These individuals meet the definition of
contractor support personnel in paragraph (b)(2)(ii) because they will
be working within a U.S. Government-owned and operated facility (a U.S
embassy) and providing a form of support (scientific support) that is
identified in the term's definition.
    For an example of persons not directly employed who would be
outside the scope of the `contractor support personnel' definition, BIS
provides the following: A U.S. Government agency is evaluating the
possibility of providing a grant to a company in Kenya that seeks
financing for building three windmills. To evaluate the feasibility of
providing a grant, this U.S. Government agency has entered into a
contract with a U.S. company that provides feasibility analysis for
windmill locations. To conduct the feasibility analysis study,

the contractor will need to have certain items exported to it in Kenya.
Under this example, the contractor, including personnel of the
contractor, would not constitute `contractor support personnel' because
it does not meet the definition of `contractor support personnel.'
Although it is providing scientific analysis for this U.S. Government
agency under a contract, the analysis is not being conducted at a U.S.
Government facility or being conducted under the direct supervision of
an individual directly employed by the U.S. Government agency.
    The second sentence this final rule adds to paragraph (b)(2)(ii)
clarifies that private security contractors are not `contractor support
personnel' for purposes of paragraph (b)(2)(ii). This new sentence
clarifies that although in certain cases private security contractors
may work within a U.S. Government owned or operated facility, such
contractors do not provide administrative, managerial, scientific or
technical support under contract to the U.S. Government, as required
under the definition of `contractor support personnel.'
    Note 1 to paragraph (b)(2)(iii)(C). Paragraph (b)(2)(iii)(C) of
License Exception GOV authorizes the temporary export, reexport, or
transfer (in-country) of an item in support of any foreign assistance
or sales program authorized by law and subject to the control of the
President by other means, when the criteria specified in this paragraph
are met. This final rule adds a new note to paragraph (b)(2)(iii)(C) of
License Exception GOV to clarify how BIS interprets the meaning of the
term `temporary' for purposes of this paragraph. The new note clarifies
that within the context of the authorization available in paragraph
(b)(2)(iii)(C), `temporary' means that within no more than four years
from the date of an item's initial export, reexport, or transfer (in-
country), it must be returned to the exporter, reexporter or transferor
or its disposition otherwise authorized (e.g., pursuant to a license or
another license exception) in accordance with the EAR. As a conforming
change to this new note to paragraph (b)(2)(iii)(C), this final rule
revises the introductory text of paragraph (b)(2)(iii)(C) to add single
quotes around the term `temporary.'
    Note 1 to paragraph (c)(1). Paragraph (c) of License Exception GOV
authorizes certain exports, reexports, and transfers (in-country) to
agencies of cooperating governments or agencies of the North Atlantic
Treaty Organization (NATO). Paragraph (c)(1) defines `Agency of a
cooperating government' for purposes of this paragraph of License
Exception GOV. This final rule adds a new note to paragraph (c)(1) of
License Exception GOV to clarify that civil intergovernmental
organizations in which the membership is limited to national
governments that are `cooperating governments' are also considered
`cooperating governments' for purposes of paragraph (c)(1). The new
note provides an example of a civil intergovernmental organization, the
European Space Agency (ESA), which BIS has determined to fall within
the scope of the definition of `cooperating governments.' ESA (and
other civil intergovernmental organizations) are considered
`cooperating governments' because their membership is limited to
`cooperating governments'--meaning that if an export was made directly
to any of organization's national government members, License Exception
GOV would be available. On this basis, BIS does not exclude exports,
reexports and transfers (in-country) made to ESA (and any other civil
intergovernmental organization whose members are `cooperating
governments') from License Exception GOV. The purpose of this paragraph
(c)(1) is to clarify that the fact that two or more `cooperating
governments' are working together does not change the policy rationale
for why the United States Government intends to authorize such exports,
reexports, and transfers (in-country). However, this final rule adds a
second sentence to the note to paragraph (c)(1) to clarify that if the
membership of the civil intergovernmental organization involves any
national governments or other organizations that are not `cooperating
governments,' such civil intergovernmental organizations are not
considered cooperating governments for purposes of paragraph (c)(1),
and a third sentence to provide three illustrative examples of civil
intergovernmental organizations that are excluded based on this
criteria. This third sentence also clarifies that this exclusion
applies even when some or all of the `cooperating governments' are
members of the civil intergovernmental organization. This final rule
provides the European Aviation Safety Agency (EASA), the United
Nations, and the World Bank as three examples of civil
intergovernmental organizations that include members that are
`cooperating governments' along with members that are not `cooperating
governments,' with the inclusion of the latter group meaning that these
civil intergovernmental organizations are not within the scope of
paragraph (c)(1).

(B) Clarifications for License Exception STA

    This final rule revises License Exception STA, Sec.  740.20, to add
five new clarification notes, along with making other minor
clarifications. Specifically, this final rule adds the following notes
to License Exception STA: Note 1 to paragraph (a) for applicability of
transfers (in-country) under STA; Note 1 to paragraphs (b)(2) and
(b)(3) for staying within the scope of the original authorization; Note
1 to paragraph (d)(2) for multiple consignees on a single prior
consignee statement and minor clarifications to the text of paragraph
(d)(2); and Note 2 to paragraph (d)(2) for exclusion for government
consignees from prior consignee statement; and Note 1 to paragraph
(d)(3) for exclusion for intangible exports, reexports or transfers
(in-country). These new notes, along with the other minor
clarifications, do not change the applicability or any other
requirements of License Exception STA and simply provide guidance on
how BIS interprets these provisions of License Exception STA. These new
notes are consistent with the agency's responses to questions at
numerous outreach events and in the Frequently Asked Questions (FAQs)
available on the agency's Web site.
    Note 1 to paragraph (a) for applicability of transfers (in-country)
under STA. This final rule adds a new note to paragraph (a) to License
Exception STA. This new note provides guidance on when License
Exception STA may be used to authorize transfers (in-country) in
response to questions from the public about its applicability. The
purpose of this note to paragraph (a) is to explain why transfers (in-
country) are included in License Exception STA and describe how this
term is applied in the context of this license exception. Under the
EAR, outside of prohibited end uses and end users and ``knowing''
violations, the transactions where most transferors will need an EAR
authorization is when the original export, reexport, or transfer (in-
country) was authorized under a BIS license and the consignee will make
a transfer (in-country) that goes outside the scope of the license.
License Exception STA would be available to authorize such transfers
(in-country), provided all the applicable requirements of License
Exception STA were met, such as obtaining a prior consignee statement
from the consignee in-country. If the transfer (in-country) did not
require an authorization, such as for exports received under License
Exception STA, an authorization is not

required for subsequent transfers (in-country), provided no prohibited
end uses, end-users or ``knowing'' violations were involved in the
transfer (in-country). These nuances on the application of transfers
(in-country) are sometimes not well understood because some people
incorrectly assume that the way to determine license requirements for
exports and reexports is the same way to determine license requirements
for transfers (in-country). The note to paragraph (a) also specifies
that when a transfer (in-country) is not being made under STA, then the
STA requirements do not apply. The note to paragraph (a) includes a
parenthetical phrase with a reference to see the note to paragraphs
(b)(2) and (b)(3) of License Exception STA for requirements specific to
staying within the scope of the original License Exception STA
authorization, which is described in more detail below.
    Note 1 to paragraphs (b)(2) and (b)(3). This final rule adds a new
Note 1 to paragraphs (b)(2) and (b)(3) to License Exception STA. This
new note to paragraphs (b)(2) and (b)(3) clarifies that for ``600
series'' items authorized under License Exception STA, the items must
be provided to an eligible ultimate end user, such as a Country Group
A:5 military, to stay in compliance with the original authorization.
The new note refers to this concept as `completing the chain,' which
means that regardless of how many times the ``600 series'' item is
transferred (in-country) or whether the ``600 series'' item is
incorporated into higher level assemblies or other items or not, the
``600 series'' item must ultimately be provided to an eligible ultimate
end user or be otherwise authorized under the EAR. Lastly, the new note
to paragraphs (b)(2) and (b)(3) clarifies that because the other items
eligible for authorization under License Exception STA (i.e., 9x515 and
other non-600 series ECCNs) do not include the ``600 series''
requirements specific to ultimate end user, the `completing the chain'
concept does not apply to 9x515 and other non-600 series Export Control
Classification Numbers (ECCNs) authorized under License Exception STA.
However, the original export, reexport, or transfer (in-country) must
be completed within the terms and conditions of the original License
Exception STA authorization. As noted above, this clarification is
specific to existing EAR requirements; the new note to paragraphs
(b)(2) and (b)(3) does not change any License Exception STA
requirements but rather provides guidance on how these existing EAR
requirements are applied in the context of License Exception STA, in
particular as it relates to the ``600 series.''
    Adding greater specificity to paragraph (d)(1). This final rule
revises paragraph (d)(1) (Requirement to furnish Export Control
Classification Number) of License Exception STA to remove the undefined
terms ``shipment'' in four places and ``shipped'' in two places and add
in their place the defined terms ``export'' in paragraph (d)(1)(i) and
``reexport or transfer (in-country)'' in paragraph (d)(1)(ii). In the
context of paragraph (d)(1), the requirement to furnish the ECCN is
intended to apply to all exports, reexports, or transfers (in-country)
under License Exception STA, and is consistent with how the agency has
interpreted this paragraph. This final rule clarifies the intent of
this paragraph (d)(1) by removing the undefined term ``shipment'' and
adding in its place defined terms that provide greater specificity on
the intended scope of this paragraph (d)(1). This final rule makes
similar clarifications as described below to paragraphs (d)(2) and
(d)(3) to improve the clarity of these paragraphs.
    Paragraph (d)(2) for multiple consignees on a single prior
consignee statement. This final rule revises paragraph (d)(2) (Prior
Consignee Statement) of License Exception STA to make four
clarifications to paragraph (d)(2): Adding greater specificity to the
introductory text as it relates to the undefined term ``shipment;''
adding two new notes to paragraph (d)(2); clarifying the term
`description'' in paragraph (d)(2)(i); and making certain terms plural
in the text. Because of past issues with the incorporation of revisions
to paragraph (d)(2), in particular some of the undesignated text
included in that paragraph, in this final rule BIS is revising the
entire paragraph to ensure the intended revisions are incorporated
correctly. The clarifications to paragraph (d)(2) are described in the
next four paragraphs.
    Similar to the changes described above for paragraph (d)(1), this
final rule revises the introductory text of paragraph (d)(2) to remove
the undefined term ``shipment'' in one place and the undefined term
``shipping'' in another, and add in their place the defined terms
``exports, reexports, or transfers (in-country).'' This final rule does
not remove the undefined term ``shipment'' in the two additional
instances where the term is used in the introductory text of paragraph
(d)(2), which specifies the requirement to maintain a log or other
record. This is because the requirement to maintain a log or other
record is not intended to apply to intangible (i.e., electronic or in
an otherwise intangible form) exports, reexports, or transfers (in-
country). BIS adds a sentence clarifying this for purposes of License
Exception STA in this final rule. BIS has based this existing agency
practice and interpretation on the use of the term ``shipment'' when
referring to a log or other record to mean that the original intent of
this License Exception STA requirement was not to apply the requirement
to intangible exports, reexports, or transfers (in-country). Because of
the frequency at which intangible exports, reexports, or transfers (in-
country) often occur, it would have been impractical to impose a log or
other record requirement for such exports, reexports or transfers (in-
country). For example, for a technical work team located at a U.S.
parent company that is collaborating with a technical work team in the
United Kingdom (a Country Group A:5 Country), there may be dozens or
hundreds of intangible exports that occur during a teleconference or
telephone call that are authorized under License Exception STA.
Although the party making the intangible export, reexport, or transfer
(in-country) and the party receiving the technology or software are
responsible for complying with the other requirements of License
Exception STA, which are suitable for keeping an intangible export,
reexport, or transfer (in-country) within the scope of License
Exception STA, the party making the intangible export, reexport, or
transfer (in-country) is not burdened with trying to keep a log or
other record, the requirement for which was appropriate and intended
for a tangible shipment but was not intended for intangible exports,
reexports, or transfers (in-country). The changes included in this rule
will make this interpretation clearer to the public. This new sentence
also specifies that an exporter, reexporter, or transferor is required,
prior to making any export, reexport or transfer (in-country),
including those that are intangible, to ensure that a prior consignee
statement has been obtained pursuant to the requirements of paragraph
(d)(2). This final rule also adds a parenthetical phrase to include a
cross reference to Note 1 to paragraph (d)(3), which provides
additional guidance on intangible exports, reexports and transfers (in-
country) under License Exception STA. BIS also has posted on the BIS
Web site best practices for managing intangible exports, reexports, and
transfers (in-country) under the EAR. BIS encourages any party involved
in intangible exports, reexports, or

transfers (in-country) to review this guidance.
    This final rule adds a new Note 1 to paragraph (d)(2) to clarify an
existing BIS policy that allows for multiple consignees to be listed on
a single prior consignee statement, provided certain requirements are
met. This new Note 1 to paragraph (d)(2) addresses scenarios when
multiple consignees who form a network engaged in a production process
(or other type of collaborative activity, such as joint development)
will be receiving items under License Exception STA. In such cases, it
is existing BIS policy to allow the use of a single consignee statement
identifying multiple consignees, provided all the applicable
requirements of License Exception STA are met, including those
specified in paragraph (d)(2).
    This final rule revises paragraph (d)(2)(i) by adding the term
``GENERAL'' before the term ``DESCRIPTION'' and adding the
parenthetical phrase, ``aircraft parts and components classified under
ECCN 9A610,'' to provide an example of the level of specificity that
BIS intends for the description on the prior consignee statement. BIS
has received questions from the public asking whether the term
``description'' used in paragraph (d)(2)(i) is intended to mean that
the prior consignee must include the make and model number of each part
or component that the consignee would receive under License Exception
STA. The term ``DESCRIPTION,'' as used in paragraph (d)(2)(i), does not
require that level of specificity, as clarified by the changes in this
final rule.
    Lastly, specific to the clarifications to paragraph (d)(2), this
final rule adds an ``(s)'' to the end of the term ``CONSIGNEE'' in the
introductory text of paragraph (d)(2) and adds an ``(S)'' to the end of
the terms ``TITLE,'' ``NAME,'' and ``PERSON'' in the undesignated text
at the end of paragraph (d)(2)(viii). These changes, along with the new
Note 1 to paragraph (d)(2), make explicit that it is permissible to
list multiple consignees on a single consignee statement.
    Note 2 to paragraph (d)(2) for exclusion for government consignees
from prior consignee statement. This final rule adds Note 2 to
paragraph (d)(2) to exclude Country Group A:5 and A:6 government
consignees from the requirement to sign or provide a prior consignee
statement to an exporter, reexporter, or transferor under License
Exception STA. In particular, for ``600 series'' items authorized under
License Exception STA for Country Group A:5 governments, requiring
government end users to provide a prior consignee statement makes
little sense, given that the goal of License Exception STA is to get
these ``600 series'' items to Country Group A:5 governments for their
ultimate end use (one of the three permissible ultimate end uses for
``600 series'' items authorized under License Exception STA). In
addition, this existing interpretation of agency practice takes into
account that under the other likely license exception under which such
governments may receive items, License Exception GOV, such a signature
on a prior consignee statement is not required. This is an existing
interpretation of agency practice that BIS is making explicit in the
regulatory text. BIS has provided similar guidance to the public,
including to Country Group A:5 and A:6 governments.
    Note 1 to paragraph (d)(3) for exclusion for intangible exports,
reexports or transfers (in-country). This final rule adds a new Note 1
to paragraph (d)(3) to specify that intangible exports, reexports, and
transfers (in-country) made under License Exception STA are not subject
to the notification requirements of paragraph (d)(3). The new note to
paragraph (d)(3) also specifies that the requirements of paragraph
(d)(1) and (d)(2) still apply, including to intangible exports,
reexports, or transfers (in-country) made under License Exception STA.
The specification in the new note to paragraph (d)(3) is consistent
with the requirement discussed above for the new Note 1 to paragraphs
(b)(2) and (b)(3) that any export, reexport or transfer (in-country)
made under STA must stay within the scope of the authorization. As
noted above in the explanation of the changes to paragraph (d)(2), BIS
has posted on the BIS Web site best practices for managing intangible
exports, reexports, and transfers (in-country) under the EAR. BIS
encourages any party involved in intangible exports, reexports, or
transfers (in-country) to review this guidance.

Export Administration Act of 1979

    Although the Export Administration Act of 1979 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 15, 2017, 82 FR 39005 (August 16, 2017), 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 of 1979, 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, distribute 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 final rule has been determined to be not significant
for purposes of Executive Order 12866. This rule is not an Executive
Order 13771 regulatory action because this rule is not significant
under Executive Order 12866.
    2. 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 protected], or by fax to<PHONE_NUMBER>.
    3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
    4. The Department finds that there is good cause under 5 U.S.C.
553(b)(B) to waive the provisions of the Administrative Procedure Act
requiring prior notice and the opportunity for public comment because
they are either unnecessary or contrary to the public interest. BIS is
making the changes to its regulations described above to provide
guidance on existing interpretations of

current EAR provisions, and thus prior notice and the opportunity for
public comment is contrary to the public interest. The guidance
included in this final rule has been provided to many members of the
public in the past (e.g., those persons that have attended BIS outreach
events, asked these types of application questions to BIS by phone,
email or in writing, or read certain FAQs posted on the BIS Web site
dealing with these EAR provisions). Importantly, this is also the same
guidance that would be provided to any other member of the public that
asked the same questions to BIS dealing these EAR provisions. BIS's
purpose with publishing this final rule is not to change the
application of these provisions but to more efficiently communicate the
existing agency guidance and interpretation of these provisions by
clarifying the regulations. This will benefit members of the public
because they will be able to more easily understand and apply these
provisions, which are consistent with past agency guidance and
interpretations provided to other members of the public. BIS finds good
cause to waive the 30-day delay in effectiveness under 5 U.S.C.
553(d)(3). This rule does not change the requirements or obligations of
persons under the EAR, so a 30-day delay in effectiveness is not
needed. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for these amendments 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.

List of Subjects in 15 CFR Part 740

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

    Accordingly, part 740 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:

PART 740--[AMENDED]

0
1. The authority citation for 15 CFR part 740 continues to read as
follows:

    Authority:  50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22
U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of
August 15, 2017, 82 FR 39005 (August 16, 2017).

0
2. Section 740.11 is amended:
0
a. By revising paragraph (b)(2)(ii);
0
b. By revising the introductory text of paragraph (b)(2)(iii)(C);
0
c. By adding Note 1 to paragraph (b)(2)(iii)(C); and
0
d. By adding Note 1 to paragraph (c)(1) to read as follows:

Sec.  740.11   Governments, International Organizations, International
Inspections under the Chemical Weapons Convention, and the
International Space Station (GOV).

* * * * *
    (b) * * *
    (2) * * *
    (ii) Exports, reexports, and transfers (in-country) made by or
consigned to a department or agency of the U.S. Government. This
paragraph authorizes exports, reexports, and transfers of items when
made by or consigned to a department or agency of the U.S. Government
solely for its official use or for carrying out any U.S. Government
program with foreign governments or international organizations that is
authorized by law and subject to control by the President by other
means. This paragraph does not authorize a department or agency of the
U.S. Government to make any export, reexport, or transfer that is
otherwise prohibited by other administrative provisions or by statute.
Contractor support personnel of a department or agency of the U.S.
Government are eligible for this authorization when in the performance
of their duties pursuant to the applicable contract or other official
duties. `Contractor support personnel' for the purpose of this
provision means those persons who provide administrative, managerial,
scientific or technical support under contract to a U.S. Government
department or agency (e.g., contractor employees of Federally Funded
Research Facilities or Systems Engineering and Technical Assistance
contractors). The term `contractor support personnel' for purposes of
this paragraph (b)(2)(ii) is limited to those individuals who are
providing such support within a U.S. Government owned or operated
facility or under the direct supervision of a U.S. government employee
(i.e., an individual directly employed by the U.S. Government). Private
security contractors are not `contractor support personnel' for
purposes of this paragraph (b)(2)(ii) because although they may work
within a U.S. Government owned or operated facility, such contractors
do not provide administrative, managerial, scientific or technical
support under contract to the U.S. Government. This authorization is
not available when a department or agency of the U.S. Government acts
as a transmittal agent on behalf of a non-U.S. Government person,
either as a convenience or in satisfaction of security requirements.
    (iii) * * *
    (C) This paragraph authorizes the `temporary' export, reexport, or
transfer (in-country) of an item in support of any foreign assistance
or sales program authorized by law and subject to the control of the
President by other means, when:
* * * * *

    Note 1 to paragraph (b)(2)(iii)(C): `Temporary,' for purposes of
paragraph (b)(2)(iii)(C) of this section, means that four years from
the date of an item's initial export, reexport, or transfer (in-
country), it must be returned to the exporter, reexporter, or
transferor or its disposition otherwise authorized (e.g., pursuant
to a license or another license exception) in accordance with the
EAR.

* * * * *
    (c) * * *
    (1) * * *

    Note 1 to paragraph (c)(1): Civil intergovernmental
organizations (such as the European Space Agency (ESA)) where the
membership is limited to national governments that are `cooperating
governments' are also considered `cooperating governments' for
purposes of paragraph (c)(1) of this section. If the membership of
the civil intergovernmental organization includes any national
governments or other organizations that are not `cooperating
governments,' such civil intergovernmental organizations are not
considered `cooperating governments' for purposes of paragraph
(c)(1) of this section. For example, civil intergovernmental
organizations such as the European Aviation Safety Agency (EASA),
the United Nations, and the World Bank do not fall within paragraph
(c)(1) of this section because their membership includes governments
that are not `cooperating governments.'

* * * * *

0
3. Section 740.20 is amended:
0
a. By adding Note 1 to paragraph (a);
0
b. By adding Note 1 to paragraphs (b)(2) and (b)(3) at the end of
paragraph (b)(3);
0
c. By revising paragraphs (d)(1)(i) and (d)(1)(ii);
0
d. By revising paragraph (d)(2); and
0
e. By adding Note 1 to paragraph (d)(3) to read as follows:

Sec.  740.20   License Exception Strategic Trade Authorization (STA).

* * * * *
    (a) * * *

    Note 1 to paragraph (a): License Exception STA authorizes
transfers (in-country) but is only needed to authorize a transfer
(in-country) when an EAR authorization is required. If a transfer
(in-country) is not being made under STA, the requirements specified
in this section do not apply (see Note 1 to paragraphs (b)(2) and
(b)(3) of this section for requirements specific to staying within
the scope of the original License Exception STA authorization and
the concept of `completing the chain' for purposes of ``600 series''
items originally authorized under License Exception STA).

    (b) * * *

    (3) * * *

    Note 1 to paragraphs (b)(2) and (b)(3): Any export, reexport, or
transfer (in-country) originally authorized under License Exception
STA must stay within the scope of the original authorization. For
example, for ``600 series'' items authorized under License Exception
STA, such items must be provided to an eligible ultimate end user,
such as a Country Group A:5 military, to stay in compliance with the
original authorization. This requirement for the ``600 series'' is
referred to as `completing the chain,' meaning regardless of how
many times the ``600 series'' item is transferred (in-country) or
whether the ``600 series'' item is incorporated into higher level
assemblies or other items, the ``600 series'' item must ultimately
be provided to an eligible ultimate end user, or be otherwise
authorized under the EAR. This applies regardless of whether the
``600 series'' item has been incorporated into a foreign-made item
that may no longer be ``subject to the EAR.'' Because the other
items eligible for authorization under License Exception STA (9x515
and other non-600 series ECCNs) do not include the ``600 series''
requirements specific to ultimate end user, this `completing the
chain' concept does not apply to 9x515 and other non-600 series
ECCNs authorized under License Exception STA. However, the original
export, reexport, or transfer (in-country) made under License
Exception STA for 9x515 and other non-600 series ECCNs still must
comply with the original authorization--meaning the terms and
conditions of License Exception STA.

* * * * *
    (d) Conditions--(1) Requirement to furnish Export Control
Classification Number. (i) The exporter must furnish to the consignee
the ECCN of each item to be exported pursuant to this section. Once
furnished to a particular consignee, the ECCN that applies to any item
need not be refurnished to that consignee at the time the same exporter
makes an additional export of the same item, if the information remains
accurate at the time of the additional export.
    (ii) A reexporter or transferor must furnish to subsequent
consignees the ECCN, provided by the exporter or a prior reexporter or
transferor, of each item to be reexported or transferred (in-country)
pursuant to this section. Once furnished to a particular consignee, the
ECCN that applies to any item need not be refurnished to that consignee
at the time the same reexporter or transferor makes an additional
reexport or transfer (in-country) of the same item, if the information
remains accurate at the time of the additional reexport or transfer
(in-country).
* * * * *
    (2) Prior Consignee Statement. The requirements in this paragraph
(d)(2) apply to each party using License Exception STA to export,
reexport, or transfer (in-country), including reexporters and
transferors of items previously received under License Exception STA.
The exporter, reexporter, or transferor must obtain the following
statement in writing from its consignee(s) prior to exporting,
reexporting, or transferring (in-country) the item and must retain the
statement in accordance with part 762 of the EAR. One statement may be
used for multiple exports, reexports, or transfers (in-country) of the
same items between the same parties so long as the party names, the
description(s) of the item(s) and the ECCNs are correct. The exporter,
reexporter, or transferor must maintain a log or other record (such as
documents created in the ordinary course of business) that identifies
each shipment made pursuant to this section and the specific consignee
statement that is associated with each shipment. For purposes of this
paragraph (d)(2), a log or other record is not required for intangible
(i.e., electronic or in an otherwise intangible form) exports,
reexports, or transfers (in-country) made under License Exception STA,
but an exporter, reexporter, or transferor is required, prior to making
any export, reexport, or transfer (in-country), to ensure that a prior
consignee statement has been obtained pursuant to the requirements of
this paragraph (d)(2). (See Note 1 to paragraph (d)(3) of this section
for additional guidance on intangible exports, reexports, and transfers
(in-country), including best practices). Paragraphs (d)(2)(i) through
(vi) of this section are required for all transactions. In addition,
paragraph (d)(2)(vii) is required for all transactions in ``600
series'' items and paragraph (viii) of this section is required for
transactions in ``600 series'' items if the consignee is not the
government of a country listed in Country Group A:5 (See supplement no.
1 to part 740 of the EAR). Paragraph (d)(2)(viii) is also required for
transactions including 9x515 items.

[INSERT NAME(S) OF CONSIGNEE(S)]:
    (i) Is aware that [INSERT GENERAL DESCRIPTION AND APPLICABLE
ECCN(S) OF ITEMS TO BE SHIPPED (e.g., aircraft parts and components
classified under ECCN 9A610)] will be shipped pursuant to License
Exception Strategic Trade Authorization (STA) in Sec.  740.20 of the
United States Export Administration Regulations (15 CFR 740.20);
    (ii) Has been informed of the ECCN(s) noted above by [INSERT NAME
OF EXPORTER, REEXPORTER OR TRANSFEROR];
    (iii) Understands that items shipped pursuant to License Exception
STA may not subsequently be reexported pursuant to paragraphs (a) or
(b) of License Exception APR (15 CFR 740.16(a) or (b));
    (iv) Agrees to obtain a prior consignee statement when using
License Exception STA for any reexport or transfer (in-country) of
items previously received under License Exception STA;
    (v) Agrees not to export, reexport, or transfer these items to any
destination, use or user prohibited by the United States' Export
Administration Regulations;
    (vi) Agrees to provide copies of this document and all other
export, reexport, or transfer records (i.e., the documents described in
15 CFR part 762) relevant to the items referenced in this statement to
the U.S. Government as set forth in 15 CFR 762.7;
    (vii) Understands that License Exception STA may be used to export,
reexport, and transfer (in-country) ``600 series'' items to persons,
whether non-governmental or governmental, only if they are in and, for
natural persons, nationals of a country listed in Country Group A:5
(See supplement no. 1 to part 740 of the EAR) or the United States and
if:
    (A) The ultimate end user for such items is the armed forces,
police, paramilitary, law enforcement, customs, correctional, fire, or
a search and rescue agency of a government of one of the countries
listed in Country Group A:5 or the United States Government;
    (B) For the ``development,'' ``production,'' operation,
installation, maintenance, repair, overhaul, or refurbishing of an item
in one of the countries listed in Country Group A:5 or the United
States that will be for one, or more, of the following purposes:
    (1) Ultimately to be used by any such government agencies in one of
the countries listed in Country Group A:5 or the United States
Government; or
    (2) Sent to a person in the United States and not for subsequent
export under Sec.  740.9(b)(1) (License Exception TMP for items moving
in transit through the United States); or
    (C) The United States Government has otherwise authorized the
ultimate end use, the license or other authorization is in effect, and
the consignee verifies in writing that such authorization exists and
has provided the license or other approval identifier to the exporter,
reexporter or transferor (as applicable).
    (viii) Agrees to permit a U.S. Government end-use check with
respect to the items.

    [INSERT NAME(S) AND TITLE(S) OF PERSON(S) SIGNING THIS

DOCUMENT, AND DATE(S) DOCUMENT IS SIGNED].

    Note 1 to paragraph (d)(2): When multiple consignees who form a
network engaged in a production process (or other type of
collaborative activity, such as joint development) will be receiving
items under License Exception STA, a single prior consignee
statement for multiple consignees may be used for any item eligible
for export, reexport, or transfer (in-country) under License
Exception STA, provided all of the applicable requirements of
License Exception STA are met, including those specified in
paragraph (d)(2).

    Note 2 to paragraph (d)(2):  Country Group A:5 and A:6
government consignees are not required to sign or provide a prior
consignee statement.

    (3) * * *

    Note 1 to paragraph (d)(3): While the exporter, reexporter, and
transferor must furnish the applicable ECCN and obtain a consignee
statement prior to export, reexport or transfer (in-country) made
under License Exception STA in accordance with the requirements of
paragraphs (d)(1) and (d)(2) of this section, intangible (i.e.,
electronic or in an otherwise intangible form) exports, reexports,
and transfers (in-country) made under License Exception STA are not
subject to the notification requirements of paragraph (d)(3) of this
section. However, any export, reexport, or transfer (in-country)
made under STA must stay within the scope of the original
authorization.

* * * * *

    Dated: October 26, 2017.
Richard E. Ashooh,
Assistant Secretary for Export Administration.
[FR Doc. 2017-23712 Filed 10-31-17; 8:45 am]
 BILLING CODE 3510-33-P


[Federal Register: April 4, 2008 (Volume 73, Number 66)]
[Notices]
[Page 18545-18546]
[DOCID:fr04ap08-72]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2007-0041]

Application for the Integrated Tug and Barge MOKU PAHU, Review
for Inclusion in the Shipboard Technology Evaluation Program; Draft
Environmental Assessment

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability and request for public comments.

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

SUMMARY: The Coast Guard announces the availability of the Draft
Environmental Assessment (DEA) for the integrated tug and barge MOKU
PAHU. The DEA describes the MOKU PAHU's application for the Shipboard
Technology Evaluation Program (STEP) Ballast Water Treatment System
demonstration initiative. The DEA for the MOKU PAHU also addresses
effects on the human and natural environments from installing, testing,
and using the Ecochlor Inc. ballast water treatment system as the
vessel operates in U.S. waters.

DATES: Comments and related materials must reach the Docket Management
Facility on or before June 3, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2007-0041 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
    (3) Hand Delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    (4) Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: If you have questions on the Draft
Environmental Assessment (DEA) or would like a copy of the DEA, please
contact LCDR Brian Moore, telephone<PHONE_NUMBER> or e-mail:
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, please call Ms. Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to submit comments and related materials about the
Draft Environmental Assessment (DEA) described in this notice. Persons
submitting comments should include their names and addresses, the
docket number for this notice (USCG-2007-0041), and the reasons for
each comment. You may submit your comments and materials by mail, hand
delivery, fax, or electronic means to the Docket Management Facility
listed under ADDRESSES. If you choose to submit them by mail or hand
delivery, submit them in an unbound format, no longer than 8\1/2\ by 11
inches, and suitable for copying and electronic filing. If you submit
them by mail and would like to know if they reached the Facility,
please enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and materials received during the comment period.

Public Meetings

    We do not intend to hold any public meetings in association with
this DEA.

Legislative and Regulatory History

    In the Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990, as reauthorized, and as amended by the National Invasive Species
Act of 1996, Public Law 101-646 and Public Law 104-332, respectively,
Congress directed the Coast Guard to prevent introduction of aquatic
nonindigenous species (NIS) from ballast water discharged by ships. 16
U.S.C. 4711. To achieve this objective, the Coast Guard wrote new
regulations in 33 CFR 151, subparts C and D. 58 FR 18330, April 8,
1993, and 69 FR 44952, July 28, 2004, respectively.
    On December 8, 2004, the Coast Guard published a notice in the
Federal Register announcing its Shipboard Technology Evaluation Program
(STEP) for experimental shipboard ballast water treatment systems. 69
FR 1802. The

program goal is to promote development of alternatives to ballast water
exchange as a means of preventing invasive species entering U.S. waters
through ships' ballast water. The comments we received support testing
prototype treatment equipment and developing effective and practicable
standards for approving this equipment.
    In accordance with the National Environmental Policy Act of 1969
(Section 102(2)(c)), as implemented by the Council of Environment
Quality regulations in 40 CFR parts 1500-1508 and Coast Guard
Commandant Instruction M16475.1D, ``National Environmental Policy Act
Implementing Procedures and Policy for Considering Environmental
Impacts'', the Coast Guard prepared a Programmatic Environmental
Assessment (PEA) for the STEP to evaluate the environmental impacts
from installing and operating a limited number of prototype ballast
water treatment systems. 69 FR 71068. The PEA can be found in docket
USCG-2001-9267. That PEA addresses potential effects to the natural and
human environments including fish, marine mammals, invertebrates,
microorganisms and plankton, submerged and emergent species, threatened
and endangered species, and essential fish habitat. It also requires
each system to be evaluated for localized affects on the ports and
waterways where a vessel involved in the program operates.We request
your comments on the potential impacts of installing, using, and
testing the Echoclor, Inc. ballast water treatment system on the cruise
ship MOKU PAHU, as analyzed in the DEA. We also request your comments
on sources of data, reference material, or other information not
included in the DEA. Your comments will be considered in preparing a
Final Environmental Assessment for the MOKU PAHU.

    Dated: March 25, 2008.
J.G. Lantz,
U.S. Coast Guard, Director of Commercial Regulations and Standards.
 [FR Doc. E8-6986 Filed 4-3-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Notices]
[Pages 20912-20913]
[FR Doc No: 2013-08119]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9798-8]

Clean Water Act: Availability of List Decisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice and initial request for public input.

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

SUMMARY: The Clean Water Act requires that States periodically submit,
and EPA approve or disapprove, lists of waters (called ``Section 303(d)
lists'') for which existing technology-based pollution controls are not
stringent enough to attain or maintain State water quality standards
and for which total maximum daily loads (TMDLs) must be prepared.
Waters identified on Section 303(d) lists are called ``water quality
limited segments.'' This notice announces EPA's proposal to include in
West Virginia's Section 303(d) list certain water quality limited
segments and requests public comment.
    On March 25, 2012 EPA partially approved West Virginia's 2012
Section 303(d) list of water quality limited segments and associated
pollutants and partially disapproved West Virginia's submission to the
extent that West Virginia did not identify certain water quality
limited segments. EPA proposes to identify these additional water
quality limited segments for inclusion on the State's 2012 section
303(d) list. The proposed water quality limited segments are identified
in Enclosure 3

of the decision document available at the Web site link provided below.
    EPA is providing the public the opportunity to review its decision
to add these water quality limited segments to West Virginia's 2012
Section 303(d) list. EPA will consider public comments before
transmitting its final listing decision to the State.

DATES: Comments must be submitted in writing to EPA on or before May 8,
2013.

ADDRESSES: Comments on the proposed decision should be sent to Bill
Richardson, Water Protection Division (3WP30), U.S. Environmental
Protection Agency Region 3, 1650 Arch Street, Philadelphia, PA 19103-
2029 telephone<PHONE_NUMBER>, facsimile<PHONE_NUMBER>, email
<EMAIL_ADDRESS>mailto: Oral comments will not be
considered. Copies of EPA's letter concerning West Virginia's list that
explains the rationale for EPA's decision can be obtained at EPA Region
3's Web site at http://www.epa.gov/reg3wapd/tmdl/303list.html or by
writing Mr. Richardson at the above address. Underlying documents from
the administrative record for these decisions are available for public
inspection at the above address. Please contact Mr. Richardson to
schedule an inspection.

FOR FURTHER INFORMATION CONTACT: For additional information, contact
Bill Richardson at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Section 303(d) of the Clean Water Act
requires that each State identify those waters (called ``water quality
limited segments'') for which existing technology-based pollution
controls are not stringent enough to attain or maintain State water
quality standards. For those waters, States are required to establish
TMDLs according to a priority ranking.
    EPA's Water Quality Planning and Management regulations include
requirements related to the implementation of Section 303(d) of the CWA
(40 CFR 130.7). The regulations require States to assemble and evaluate
existing and readily available water quality data and to identify water
quality limited waters still requiring TMDLs every two years. The lists
of waters still needing TMDLs must also include priority rankings and
must identify the waters targeted for TMDL development during the next
two years (40 CFR 130.7).
    Consistent with EPA's regulations, EPA received West Virginia's
submittal of its listing decisions under Section 303(d)(2) on December
21, 2012. On March 25, 2013, EPA partially approved West Virginia's
2012 listings of waters and associated priority rankings and partially
disapproved West Virginia's submission to the extent that West Virginia
did not list 255 water quality limited segments. EPA solicits public
comment on the addition of these waters to the State's list, as
required by 40 CFR 130.7(d)(2).

    Dated: March 28, 2013.
Jon M. Capacasa,
Water Protection Division, U.S. Environmental Protection Agency, Region
III.
[FR Doc. 2013-08119 Filed 4-5-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 162 (Tuesday, August 21, 2012)]
[Notices]
[Pages 50490-50492]
[FR Doc No: 2012-20424]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 6597-013]

Notice of Application Tendered for Filing with the Commission and
Establishing Procedural Schedule for Licensing and Deadline for
Submission of Final Amendments; Monadnock Paper Mills, Inc.

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 6597-013.
    c. Date Filed: July 31, 2012.
    d. Applicant: Monadnock Paper Mills, Inc.
    e. Name of Project: Monadnock Hydroelectric Project.
    f. Location: The existing project is located on the Contoocook
River in the towns of Peterborough, Greenfield, Hancock, and Bennington
in Hillsborough County, New Hampshire. The project does not affect
federal lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Michelle Hamm, Manager, Environmental
Services, Monadnock Paper Mills, Inc.; Antrim Road, P.O. Box 339,
Bennington, NH 03442;<PHONE_NUMBER> or<EMAIL_ADDRESS>    i. FERC Contact: Samantha Davidson,<PHONE_NUMBER> or
<EMAIL_ADDRESS>

    j. This application is not ready for environmental analysis at this
time.
    k. The Project Description:
    The existing Monadnock Hydroelectric Project consists of four
developments, three of which have generating facilities, with a
combined installed capacity of 1,889 kilowatts (kW). The project
produces an average annual generation of 6,100 megawatt-hours. All
power generated by the Monadnock Project is used by Monadnock Paper
Mill, Inc.'s (MPM) paper production facility. The four developments,
from upstream to downstream, are described below.

Powder Mill Development

    The existing Powder Mill Development is located at river mile 46.08
of the Contoocook River and consists of: (1) A 366-foot-long, 18.6-
foot-high dam consisting of a gated 228-foot-long concrete gravity
spillway with a crest elevation of 675.44 feet National Geodetic
Vertical Datum of 1929 (NGVD) and 2-foot-high seasonal flashboards, an
approximately 91-foot-long earth embankment with a concrete core wall
on the north side of the spillway, and an approximately 47-foot-long
earth embankment with a concrete core wall on the south side of the
spillway; (2) a 4-foot-wide sluiceway on the north side of the
spillway; (3) a 35-foot-long, 15-foot-wide regulating gatehouse
structure with a 4-foot-diameter outlet pipe on the south side of the
spillway; (4) a 435-acre impoundment with a storage capacity of 1,940
acre-feet and a normal maximum elevation of 677.44 feet NGVD; and (5)
appurtenant facilities.

Monadnock Development

    The existing Monadnock Development is located 4,200 feet downstream
of Powder Mill Dam and consists of: (1) An approximately 515-foot-long,
22-foot-high dam consisting of a 165-foot-long concrete spillway with a
crest elevation of 663.8 feet NGVD and 2-foot-high seasonal
flashboards, a 75-foot-long earth embankment with a concrete core wall
on the west side of the spillway, a 50-foot-long concrete non-overflow
section, a 25-foot-long earth embankment with a concrete core wall, and
a 200-foot-long earthen embankment on the east side of the spillway;
(2) a 5-acre impoundment with a storage capacity of 240 acre-feet and a
normal maximum elevation of 665.8 feet NGVD; (3) a 75-foot-long, 20-
foot-wide powerhouse on the west side of the spillway containing two
turbine-generating units for a total installed capacity of 423 kW; (4)
two 20 to 25-foot-long, 2.3-kV generator leads; (5) a 100-foot-long
tailrace; and (6) appurtenant facilities.

Pierce Development

    The existing Pierce Development is located 900 feet downstream of
the Monadnock Dam and consists of: (1) The 420-foot-long, 28-foot-high
dam consisting of a 290-foot-long concrete spillway with a crest
elevation of 651.4 feet NGVD and 2-foot-high seasonal flashboards; (2)
a 7-acre impoundment with a storage capacity of 51-acre-feet and a
normal maximum elevation of 653.4 feet NGVD; (3) a 25-foot-long, 35-
foot-wide powerhouse on the east side of the spillway containing two
turbine-generating units for a total installed capacity of 770 kW; (4)
two 15 to 25-foot-long, 2.3-kV generator leads; (5) a 600-foot-long
tailrace; and (6) appurtenant facilities.

Paper Mill Development

    The existing Paper Mill Development is located 1,140 feet
downstream of the Pierce Dam and consists of: (1) The 280-foot-long,
19-foot-high dam consisting of a 142-foot-long concrete gravity
spillway with a crest elevation of 625.6 feet NGVD and 2-foot-high
seasonal flashboards; (2) a 5-acre impoundment with a storage capacity
of 25-acre-feet and a normal maximum elevation of 627.6 feet NGVD; (3)
a 300-foot-long power canal and headgate structure leading to a
forebay; (4) an intake structure and a 10-foot-diameter, 200-foot-long
steel penstock; (5) a generating room located on the lower level of
MPM's paper mill facility containing a 746-kW turbine generating unit;
(6) a 150-foot-long, 2.3-kV generator lead; (7) a 800-foot-long
tailrace; and (8) appurtenant facilities.
    The project also consists of a 2,190-foot-long, 2.3-kV overhead
transmission line interconnecting the generator leads to a 200-foot-
long, 23-kV supply bus at MPM's paper mill facility.
    The Powder Mill Development operates in a seasonal store and
release mode to meet downstream demand for hydroelectric generation at
MPM's paper mill facility and instream flow requirements, while the
Monadnock, Pierce, and Paper Mill developments operate in a run-of-
river mode. The existing license requires an instantaneous minimum flow
of 13 cubic feet per second (cfs) (or inflow, whichever is less), in
the Powder Mill, Monadnock, and Pierce tailraces; and an instantaneous
minimum flow of 70 cfs (or the inflow, whichever is less), in the Paper
Mill tailrace. MPM proposes to continue operating the project according
to the existing minimum flow requirements and restrict the impoundment
level at the Powder Mill Development to a maximum drawdown of 3 feet
(between elevations 675.44 and 672.44 feet NGVD).
    l. Locations of the Application: A copy of the application is
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, contact FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Procedural Schedule:
    The application will be processed according to the following
preliminary Hydro Licensing Schedule. Revisions to the schedule may be
made as appropriate.

------------------------------------------------------------------------
               Milestone                           Target date
------------------------------------------------------------------------
Notice of Acceptance/Notice of Ready    September 2012.
 for Environmental Analysis (when FERC
 approved studies are complete).
Filing of recommendations, preliminary  November 2012.
 terms and conditions, and fishway
 prescriptions.
Commission issues Non-Draft EA........  March 2013.
Comments on EA........................  April 2013.
Modified terms and conditions.........  June 2013.
------------------------------------------------------------------------

    o. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: August 14, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-20424 Filed 8-20-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Notices]
[Pages 60978-60980]
[FR Doc No: 2017-27736]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC17-15-000]

Commission Information Collection Activities (FERC-505 and FERC-
512); Consolidated Comment Request; Extension

AGENCY: Federal Energy Regulatory Commission.

ACTION: Comment request.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the requirements and burden of
information collections, FERC-505 (Small Hydropower Projects and
Conduit Facilities including License/Relicense, Exemption and
Qualifying Conduit Facility Determination) and FERC-512 (Preliminary
Permit) which will be submitted to the Office of Management and Budget
(OMB) for a review of the information collection requirements. Any
interested person may file comments directly with OMB and should
address a copy of those comments to the Commission as explained below.
The Commission published a 60-day Notice in the Federal Register in
Docket No. IC17-15-000, (82 FR 46231, 10/04/2017) requesting public
comments. FERC received no comments in response to the Notice and is
indicating that in its submittals to the OMB.

DATES: Comments on the collections of information are due January 25,
2018.

ADDRESSES: Comments filed with OMB, identified by OMB Control Nos.
1902-0115 and 1902-0073, should be sent via email to the Office of
Information and Regulatory Affairs: [email protected]. Attention:
Federal Energy Regulatory Commission Desk Officer. The Desk Officer may
also be reached via telephone at<PHONE_NUMBER>. A copy of the comments
should also be sent to the Commission, in Docket No. IC17-15-000 by
either of the following methods:
     eFiling at Commission's website: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at [email protected], or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket

may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT:  Ellen Brown may be reached by email
at [email protected], telephone at<PHONE_NUMBER>, and fax at
(202) 273-0873.

SUPPLEMENTARY INFORMATION:
    Type of Request: Three-year approval of the FERC-505 and FERC-512
information collection requirements with no changes to the current
reporting requirements. Please note that each collection is distinct
from the next.
    Comments: Comments are invited on: (1) Whether the collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information will have
practical utility; (2) the accuracy of the agency's estimate of the
burden and cost of the collections of information, including the
validity of the methodology and assumptions used; (3) ways to enhance
the quality, utility and clarity of the information collections; and
(4) ways to minimize the burden of the collections of information on
those who are to respond, including the use of automated collection
techniques or other forms of information technology.
    Title: FERC-505, Small Hydropower Projects and Conduit Facilities
including License/Relicense, Exemption, and Qualifying Conduit Facility
Determination.
    OMB Control No.: 1902-0115.
    Abstract: The Hydropower Efficiency Act amended statutory
provisions pertaining to preliminary permits and to projects that are
exempt from certain licensing requirements under the Federal Power Act
(FPA) in order to reduce cost and regulatory burden, and in turn,
promote hydropower development. Specifically, the Hydropower Efficiency
Act gave the Commission authority to extend a preliminary permit once
for not more than two additional years without requiring the permittee
to apply for a successive preliminary permit. The Hydropower Efficiency
Act also expanded the number of projects that may qualify for
exemptions from certain licensing requirements under the FPA (i.e.,
small conduit hydroelectric facilities or small hydroelectric power
projects), and allowed other projects to qualify to operate without
Commission oversight (i.e., qualifying conduit hydropower facilities).
While the Commission-approved revised regulations formally implement
the Hydropower Efficiency Act, the Commission has complied with the Act
since its enactment.
    Type of Respondents: Businesses or other for-profit and not-for-
profit institutions.
    Estimate of Annual Burden: The Commission estimates the annual
public reporting burden for the information collection as:

    FERC-505 (Small Hydropower Projects and Conduit Facilities Including License/Relicense, Exemption, and Qualifying Conduit Facility Determination)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Annual number
                                          Number of     of responses    Total number    Average burden and cost  Total annual burden and     Cost per
                                         respondents   per respondent   of responses         per response           total annual cost     respondent ($)
                                                  (1)             (2)     (1) * (2) =  (4).....................  (3) * (4) = (5)........       (5) / (1)
                                                                                (3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC-505.............................              16               1              16  273 hrs.; $20,884.50....  4,368 hrs.; $334,152...       20,884.50
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Title: FERC-512, Preliminary Permit.
    OMB Control No.: 1902-0073.
    Abstract: The information collected under the requirements of FERC-
512, is used by the Commission to implement the statutory provisions of
the Federal Power Act (FPA) 16 U.S.C. The purpose of obtaining a
preliminary permit is to maintain priority of the application for a
license for a hydropower facility while the applicant conducts surveys
to prepare maps, plans, specifications and estimates; conducts
engineering, economic and environmental feasibility studies; and made
financial arrangements. The conditions under which the priority will be
maintained are set forth in each permit.
    Type of Respondent: Businesses or other for-profit and not-for-
profit institutions.
    Estimate of Annual Burden: \1\ The Commission estimates the annual
public reporting burden for the information collection as:
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    \1\ Burden is the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. For further
explanation of what is included in the information collection
burden, refer to 5 Code of Federal Regulations 1320.3.
    \2\ Subject matter experts found that industry employment costs
closely resemble FERC's wage average wage figure. FERC's 2017
average annual salary plus benefits per FTE (full-time equivalent)
is $158,754 (or $76.50 per hour).

                                                              FERC-512 (Preliminary Permit)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Annual number
                                          Number of     of responses    Total number     Average burden & cost    Total annual burden &      Cost per
                                         respondents   per respondent   of responses         per response           total annual cost     respondent ($)
                                                  (1)             (2)     (1) * (2) =  (4).....................  (3) * (4) = (5)........       (5) / (1)
                                                                                (3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC-512.............................              50               1              50  24 hrs.; $1,836.........  1,200 hrs.; $91,800....           1,836
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection;

and (4) ways to minimize the burden of the collection of information on
those who are to respond, including the use of automated collection
techniques or other forms of information technology.

    Dated: December 18, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-27736 Filed 12-22-17; 8:45 am]
 BILLING CODE 6717-01-P