Revisions to the Unverified List (UVL)

As Enacted ( Federal Register)

Cited authorities 36

Cited in

Published date	11 January 2021
Citation	86 FR 1766
Record Number	2020-27931
Section	Rules and Regulations
Court	Industry And Security Bureau

1766

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

See footnote 1.

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

Convention Act of 1975,

violation,

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

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

Tuna Act of 1988 (1988), violation,

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

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

Amendments of 1983 (1983), violation,

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

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

Mammal Protection Act of 1972 (1972),

violation, maximum from $29,755 to

$30,107.

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

Protection Consumer Information Act,

violation, maximum from $192,768 to

$195,047.

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

Marine Sanctuaries Act (1992),

violation, maximum from $181,484 to

$183,629.

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

Species Act of 1973:

(i) Violation as specified (1988),

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

(ii) Violation as specified (1988),

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

(iii) Otherwise violation (1978),

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

(15) 16 U.S.C. 1858(a), Magnuson-

Stevens Fishery Conservation and

Management Act (1990), violation,

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

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

Marine Living Resources Convention

Act of 1984,

violation, maximum from

$192,768 to $195,047.

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

Protection Act of 1990,

violation,

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

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

Amendments of 1981 (1981):

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

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

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

maximum from $689 to $697.

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

Salmon Convention Act of 1982,

violation, maximum from $192,768 to

$194,047.

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

Treaty Act of 1985,

violation,

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

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

Seafood Promotion Act of 1986 (1986);

violation, minimum from $1,166 to

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

$11,803.

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

Anadromous Stocks Act of 1992,

violation, maximum from $192,768 to

$195,047.

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

Coastal Fisheries Cooperative

Management Act,

violation, maximum

from $192,768 to $195,047.

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

Striped Bass Conservation Act,

violation, maximum from $192,768 to

$195,047.

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

Fishing Compliance Act of 1995 (1995),

violation, maximum from $167,433 to

$169,412.

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

Atlantic Fisheries Convention Act of

1995,

violation, maximum from

$192,768 to $195,047.

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

Central Pacific Fisheries Convention

Implementation Act,

violation,

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

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

Whiting Act of 2006,

violation,

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

(29) 22 U.S.C. 1978(e), Fishermen’s

Protective Act of 1967 (1971):

(i) Violation, maximum from $29,755

to $30,107.

(ii) Subsequent violation, maximum

from $87,913 to $88,952.

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

Hard Mineral Resources Act (1980),

violation, maximum, from $75,867 to

$76,764.

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

Energy Conversion Act of 1980 (1980),

violation, maximum from $75,867 to

$76,764.

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

Conservation Act of 2012,

violation,

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

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

Measures Agreement Act of 2015,

violation, maximum from $192,768 to

$195,047.

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

Driftnet Fishing Moratorium Protection

Act,

violation, maximum from

$192,768 to $195,047.

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

to Pacific Fisheries Act,

violation,

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

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

to Pacific Fisheries Act,

violation,

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

(g) National Technical Information

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

Budget Act of 2013 (2013), violation,

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

maximum total penalty on any person

for any calendar year, excluding willful

or intentional violations from $250,000

to $252,955.

§ 6.4 Effective date of adjustments for

inflation to civil monetary penalties.

The Department of Commerce’s 2021

adjustments for inflation made by § 6.3,

of the civil monetary penalties there

specified, are effective on January 15,

2021, and said civil monetary penalties,

as thus adjusted by the adjustments for

inflation made by § 6.3, apply only to

those civil monetary penalties,

including those whose associated

violation predated such adjustment,

which are assessed by the Department of

Commerce after the effective date of the

new civil monetary penalty level, and

before the effective date of any future

adjustments for inflation to civil

monetary penalties thereto made

subsequent to January 15, 2021 as

provided in § 6.5.

§ 6.5 Subsequent annual adjustments for

inflation to civil monetary penalties.

The Secretary of Commerce or his or

her designee by regulation shall make

subsequent adjustments for inflation to

the Department of Commerce’s civil

monetary penalties annually, which

shall take effect not later than January

15, notwithstanding section 553 of title

5, United States Code.

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

BILLING CODE 3510–DP–P

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 201214–0340]

RIN 0694–AI39

Revisions to the Unverified List (UVL)

AGENCY

: Bureau of Industry and

Security, Commerce.

ACTION

: Final rule.

SUMMARY

: The Bureau of Industry and

Security (BIS) is amending the Export

Administration Regulations (EAR) by

removing three (3) persons from the

Unverified List (UVL). The three

persons are removed from the UVL on

the basis that BIS was able to verify

their bona fides (i.e., legitimacy and

reliability relating to the end use and

end user of items subject to the EAR)

through successful end-use checks.

DATES

: This rule is effective January 11,

2021.

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1767

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

FOR FURTHER INFORMATION CONTACT

Kevin Kurland, Director, Office of

Enforcement Analysis, Bureau of

Industry and Security, Department of

Commerce, Phone: (202) 482–4255 or by

email at UVLRequest@bis.doc.gov.

SUPPLEMENTARY INFORMATION

Background

The Unverified List (UVL), found in

Supplement No. 6 to part 744 of the

Export Administration Regulations (15

CFR parts 730 through 774) (EAR),

contains the names and addresses of

foreign persons who are or have been

parties to a transaction, as such parties

are described in § 748.5 of the EAR,

involving the export, reexport, or

transfer (in-country) of items subject to

the EAR, and whose bona fides the

Bureau of Industry and Security (BIS)

has been unable to verify through an

end-use check. BIS may add persons to

the UVL when BIS or federal officials

acting on BIS’s behalf have been unable

to verify a foreign person’s bona fides

because an end-use check, such as a pre-

license check (PLC) or a post-shipment

verification (PSV), cannot be completed

satisfactorily for reasons outside the

U.S. Government’s control.

There are a number of reasons why

end-use checks cannot be completed.

These include but are not limited to

reasons unrelated to the cooperation of

the foreign party subject to the end-use

check. For example, BIS sometimes

initiates end-use checks and cannot find

a foreign party at the address indicated

on export documents and cannot locate

the party by telephone or email.

Additionally, BIS sometimes is unable

to conduct end-use checks when host

government agencies do not respond to

requests to conduct end-use checks,

prevent the scheduling of such checks,

or refuse to schedule them in a timely

manner. Under these circumstances,

although BIS has an interest in

informing the public of its inability to

verify the foreign party’s bona fides,

there may not be sufficient information

to add the foreign person at issue to the

Entity List (Supplement No. 4 to part

744 of the EAR) under § 744.11 of the

EAR (see paragraph (b), Criteria for

revising the Entity List), or under

another provision of the EAR. In such

circumstances, BIS may add the foreign

person to the UVL.

Furthermore, BIS sometimes is able to

conduct end-use checks but cannot

verify the bona fides of a foreign party.

For example, BIS may be unable to

verify bona fides if, during the conduct

of an end-use check, a recipient of items

subject to the EAR is unable to produce

the items that are the subject of the end-

use check for visual inspection or

provide sufficient documentation or

other evidence to confirm the

disposition of the items. The inability of

foreign persons subject to end-use

checks to demonstrate their bona fides

raises concerns about the suitability of

such persons as participants in future

exports, reexports, or transfers (in-

country) of items subject to the EAR and

indicates a risk that such items may be

diverted to prohibited end uses and/or

end users. However, in such

circumstances, BIS may not have

sufficient information to establish that

such persons are involved in activities

described in parts 744 or 746 of the

EAR, therefore preventing the

placement of the persons on the Entity

List. In such circumstances, the foreign

persons may be added to the UVL.

As provided in § 740.2(a)(17) of the

EAR, the use of license exceptions for

exports, reexports, and transfers (in-

country) involving a party or parties to

the transaction who are listed on the

UVL is suspended. Additionally, under

§ 744.15(b) of the EAR, there is a

requirement for exporters, reexporters,

and transferors to obtain (and keep a

record of) a UVL statement from a party

or parties to the transaction who are

listed on the UVL before proceeding

with exports, reexports, and transfers

(in-country) to such persons, when the

exports, reexports and transfers (in-

country) are not subject to a license

requirement.

Requests for removal of a UVL entry

must be made in accordance with

§ 744.15(d) of the EAR. Decisions

regarding the removal or modification of

UVL listings will be made by the Deputy

Assistant Secretary for Export

Enforcement, based on a demonstration

by the listed person of its bona fides.

Changes to the EAR

Supplement No. 6 to Part 744 (‘‘the

Unverified List’’ or ‘‘UVL’’)

This rule removes three persons from

the UVL. BIS is removing these persons

pursuant to § 744.15(c)(2) of the EAR

based on the successful completion of

end-use checks that resulted in the

verification of their bona fides. This

final rule implements the decision of

the Acting Deputy Assistant Secretary

for Export Enforcement to remove the

following three persons located in

Germany and Mexico from the UVL:

Germany:

•DMA Logistics GmbH, Max Planck-

Strasse 1, Unna, Germany; and

•Halm Elektronik GmbH, Burgstrasse

106, Frankfurt am Main, Germany

Mexico:

•Integrated Production and Test

Engineering, a.k.a. IPTE, Calle

Alambiques 975—9, Parque Industrial el

´lamo, Guadalajara, Jalisco 44490,

Mexico

Export Control Reform Act of 2018

On August 13, 2018, the President

signed into law the John S. McCain

National Defense Authorization Act for

Fiscal Year 2019, which included the

Export Control Reform Act of 2018

(ECRA) (codified, as amended, at 50

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

provides the legal basis for BIS’s

principal authorities and serves as the

authority under which BIS issues this

rule.

Rulemaking Requirements

Executive Orders 13563 and 12866

direct agencies to assess all costs and

benefits of available regulatory

alternatives and, if regulation is

necessary, to select regulatory

approaches that maximize net benefits

(including potential economic,

environmental, public health and safety

effects, distributive impacts, and

equity). Executive Order 13563

emphasizes the importance of

quantifying both costs and benefits, of

reducing costs, of harmonizing rules,

and of promoting flexibility. This rule

has been designated as ‘‘not significant’’

for purposes of Executive Order 12866.

This rule is not an Executive Order

13771 regulatory action because this

rule is not significant under Executive

Order 12866.

This rule does not contain policies

with Federalism implications as that

term is defined in Executive Order

13132.

Pursuant to section 1762 of the Export

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

4821) this action is exempt from the

Administrative Procedure Act (5 U.S.C.

553) requirements for notice of

proposed rulemaking, opportunity for

public participation, and delay in

effective date. The analytical

requirements of the Regulatory

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

not applicable because no general notice

of proposed rulemaking was required

for this action. Accordingly, no

regulatory flexibility analysis is

required, and none has been prepared.

Notwithstanding any other provision

of law, no person is required to respond

to, nor is subject to a penalty for failure

to comply with, a collection of

information, subject to the requirements

of the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.) (PRA), unless

that collection of information displays a

currently valid Office of Management

and Budget (OMB) Control Number.

This regulation involves collections

previously approved by OMB under the

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

following control numbers: 0694–0088

(Simplified Network Application

Processing+ System (SNAP+) and the

Multipurpose Export License

Application), 0694–0122 (Licensing

Responsibilities and Enforcement), and

0694–0137 (License Exceptions and

Exclusions). Collection 0694–0088

includes, among other things, license

applications, and carries a burden

estimate of 42.5 minutes for a manual or

electronic submission for a total burden

estimate of 31,878 hours.

This rule will not change public

burden in a collection of information

approved by OMB under control

number 0694–0088. The restoration of

license exceptions for listed persons on

the Unverified List will result in

decreased license applications being

submitted to BIS by exporters. The

removal of license exceptions for listed

persons on the Unverified List will

potentially result in increased license

applications being submitted to BIS by

exporters. Total burden hours associated

with the Paperwork Reduction Act and

OMB control number 0694–0088 are

expected not to change, as the

restoration of some license exceptions

and the restriction of other license

exceptions will only affect transactions

involving persons removed from or

added to the Unverified List and not all

export transactions. Because license

exception eligibility is restored for these

entities removed from the UVL, this rule

increases public burden in a collection

of information approved by OMB under

control number 0694–0137 minimally,

as this will only affect specifically listed

individual persons. The decreased

burden under 0694–0088 is reciprocal to

the increased burden under 0694–0137,

and results in little or no change of

burden to the public. This rule also

decreases public burden in a collection

of information under OMB control

number 0694–0122, as a result of the

exchange of UVL statements between

private parties. The total change in

burden hours associated with both of

these collections is expected to be

minimal, as it involves a limited

number of persons listed on the UVL.

List of Subjects in 15 CFR Part 744

Exports, Reporting and recordkeeping

requirements, Terrorism.

Accordingly, part 744 of the Export

Administration Regulations (15 CFR

parts 730 through 774) is amended as

follows:

PART 744—CONTROL POLICY: END–

USER AND END–USE BASED

■1. The authority citation for 15 CFR

part 744 continues to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

November 12, 2020, 85 FR 72897 (November

13, 2020).

Supplement No. 6 to Part 744

[Amended]

■2. Supplement No. 6 to part 744 is

amended in the table by:

■a. Removing the entries for ‘‘DMA

Logistics GmbH’’ and ‘‘Halm Elektronik

GmbH’’ under ‘‘Germany’’; and

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

Matthew S. Borman,

Deputy Assistant Secretary for Export

Administration.

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

BILLING CODE 3510–33–P

DEPARTMENT OF LABOR

Employees’ Compensation Appeals

Board

20 CFR Part 501

RIN 1290–AA37

Rules of Practice and Procedure

AGENCY

: Employees’ Compensation

Appeals Board, Department of Labor.

ACTION

: Direct Final Rule.

SUMMARY

: The Department of Labor

(DOL or Department) is issuing this

Direct Final Rule (DFR) to seek public

comments on a proposal to require

electronic filing (e-filing) and electronic

service (e-service) for attorneys and lay

representatives representing parties in

proceedings before the Employees’

Compensation Appeals Board (the

Board). These regulations establish e-

filing and e-service rules of practice and

procedure for the Board that would

apply where a governing statute,

regulation, or executive order does not

establish contrary rules of practice or

procedure. The rule mandates e-filing,

makes e-service automatic of documents

for parties represented by attorneys and

duly authorized lay representatives

unless good cause is shown justifying a

different form of filing, and provides an

option for pro se/self-represented

parties to utilize these capabilities. It

also allows the Board, in its discretion,

to hold oral arguments by

videoconference.

DATES

: This direct final rule will

become effective February 25, 2021

without further action unless the

Department receives significant adverse

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

Eastern Standard Time on February 10,

2021. If the Department receives

significant adverse comment, it will

publish a timely withdrawal of the final

rule in the Federal Register.

ADDRESSES

: You may send comments,

identified by Regulatory Identification

Number (RIN) 1290–AA37, only by the

following method: Electronic

Comments. Submit comments through

the Federal eRulemaking Portal http://

www.regulations.gov. To locate the

direct final rule, use docket number

DOL–2020–0017 or key words such as

‘‘Administrative practice and

procedure’’ or ‘‘Workers’

compensation.’’ Follow the instructions

for submitting comments. All comments

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

date indicated for consideration in this

rulemaking. Instructions: All

submissions received must include the

agency name and docket number or

Regulatory Information Number (RIN)

for this rulemaking. All comments

received will generally be posted

without change to https://

www.regulations.gov, including any

personal information provided. If you

need assistance to review the comments

or the direct final rule, the Department

will consider providing the comments

and the direct final rule in other formats

upon request. For assistance to review

the comments or obtain the direct final

rule in an alternate format, contact Mr.

Thomas Shepherd, Clerk of the

Appellate Boards, at (202) 693–6319.

Individuals with hearing or speech

impairments may access the telephone

number above by TTY by calling the

toll-free Federal Information Relay

Service at (800) 877–8339.

FOR FURTHER INFORMATION CONTACT

Thomas Shepherd, Clerk of the

Appellate Boards, at 202–693–6319 or

ECAB-Inquiries@dol.gov.

SUPPLEMENTARY INFORMATION

: This

preamble is divided into four sections:

Section I explains the process of issuing

a proposed rule concurrently with a

companion direct final rule; Section II

provides general background

information on the development of the

rulemaking; Section III is a section-by-

section summary and discussion of the

regulatory text; and Section IV covers

the administrative requirements for this

rulemaking.

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Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
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Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

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Over 100 Countries

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Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users