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Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Proposed Rules Document
ADAMS accession No.

Proposed CoC 1014 Amendment No. 15 Appendix B100U
Preliminary CoC 1014 Amendment No. 15 Safety Evaluation Report

The NRC may post materials related to this document, including public comments, on the Federal Rulemaking website at http www.regulations.gov under Docket ID NRC20200257.
Dated March 16, 2021.
For the Nuclear Regulatory Commission.
Margaret M. Doane, Executive Director for Operations.
FR Doc. 202106329 Filed 32621; 8:45 am BILLING CODE 759001P

DEPARTMENT OF COMMERCE
15 CFR Part 7
Docket No. 2103250068
RIN 0605AA60

Securing the Information and Communications Technology and Services Supply Chain: Licensing Procedures U.S. Department of Commerce.
Advance notice of proposed rulemaking.

AGENCY:
ACTION:

On January 19, 2021, the Department of Commerce the Department published a interim final rulemaking, Securing the Information and Communications Technology and Services Supply Chain, which became effective on March 22, 2021. It allows the Secretary of Commerce, in accordance with Executive Order 13873, to prohibit certain information and communications technology and services transactions ICTS
Transactions to address national security threats. In the January 19
notice, the Department stated it would implement a licensing process by May 19th for entities seeking pre-approval before engaging in or continuing to engage in ICTS Transactions. The Department is now seeking public input on such a licensing or other preclearance process.
DATES: Comments must be received by April 28, 2021.
ADDRESSES: All comments must be submitted by one of the following methods:
By the Federal eRulemaking Portal:
http www.regulations.gov at docket number DOC2021DOC20210004.
By email directly to:
ICTsupplychain@doc.gov. Include RIN
SUMMARY:

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0605AA60: ANPRM in the subject line.
Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered. For those seeking to submit confidential business information CBI, please clearly mark such submissions as CBI and submit by email or via the Federal eRulemaking Portal, as instructed above. Each CBI submission must also contain a summary of the CBI, clearly marked as public, in sufficient detail to permit a reasonable understanding of the substance of the information for public consumption.
Such summary information will be posted on regulations.gov.
FOR FURTHER INFORMATION CONTACT: Joe Bartels, U.S. Department of Commerce, telephone: 202 4821595. For media inquiries: Brittany Caplin, Deputy Director of Public Affairs and Press Secretary, U.S. Department of Commerce, telephone: 202 4824883, email PublicAffairs@doc.gov.
SUPPLEMENTARY INFORMATION: On November 27, 2019, the Department of Commerce the Department published a notice of proposed rulemaking 84 FR
65316 seeking public comment on implementing Executive Order 13873 of May 15, 2019, Securing the Information and Communications Technology and Services Supply Chain 84 FR 22689. On January 19, 2021, the Department published a interim final rulemaking that is effective as of March 22, 2021 86 FR 4909. In this document, in response to requests from various commenters, including multiple trade associations, to provide a pre-clearance process or similar program that would reduce uncertainty for entities seeking to engage in ICTS Transactions, the Department stated it would implement a licensing process by May 19, 2021 86
FR 4909, at 4911.
However, it has become apparent additional public input is needed, and the Department does not expect to have a licensing or other pre-clearance process in place by May 19, 2021. With this ANPRM, the Department is seeking input into several aspects of a potential voluntary licensing or pre-clearance process. The Department will consider the public input as it drafts a Notice of Proposed Rulemaking.
Please note this ANPRM does not alter the effective date of the interim
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final rule nor does it reopen or extend the deadline for submitting comments on the interim final rule. This ANPRM
is solely seeking public input on the forthcoming licensing procedures.
In responding to this ANPRM, please refer to the definitions and the explaination of those definitions used in the interim rule. For ease of reference, some of the more important terms are re-stated below:
ICTS Transaction means any acquisition, importation, transfer, installation, dealing in, or use of any information and communications technology or service, including ongoing activities, such as managed services, data transmission, software updates, repairs, or the platforming or data hosting of applications for consumer download. An ICTS
Transaction includes any other transaction, the structure of which is designed or intended to evade or circumvent the application of the Executive Order. The term ICTS
Transaction includes a class of ICTS
Transactions.
Note that ICTS Transactions include provision of services, and the term includes any and all transactions that occurred on or after January 19, 2021, by any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary. Providing services, such as software updates, to U.S.
persons may provide a foreign adversary an opportunity to engage in the types of activities that may threaten U.S.
national security.
Party or parties to a transaction means a person engaged in an ICTS
Transaction, including the person acquiring the ICTS and the person from whom the ICTS is acquired. Party or parties to a transaction include entities designed, or otherwise used with the intention, to evade or circumvent application of the Executive Order. For purposes of this rulemaking, this definition does not include common carriers, except to the extent that a common carrier knew or should have known as the term knowledge is defined in 15 CFR 772.1 that it was providing transportation services of ICTS to one or more of the parties to a transaction that has been prohibited in a final written determination made by the Secretary or, if permitted subject to mitigation measures, in violation of such mitigation measures.
Person means an individual or entity.

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