Editorial Corrections to the Export Administration Regulations, 13463-13472 [2013-04158]

Agencies

• DEPARTMENT OF COMMERCE
• Bureau of Industry and Security

[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Rules and Regulations]
[Pages 13463-13472]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04158]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 730, 732, 734, 736, 740, 742, 743, 744, 745, 748, 752, 
754, 756, 758, 760, 762, 764, and 772

[Docket No. 120320203-2295-03]
RIN 0694-AF63


Editorial Corrections to the Export Administration Regulations

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This final rule corrects reference and typographical errors in 
the Export Administration Regulations (EAR). The corrections are 
editorial in nature and do not affect license requirements.

DATES: Effective on February 28, 2013.

FOR FURTHER INFORMATION CONTACT: Robert Monjay, Office of Exporter 
Services, Bureau of Industry and Security, by telephone (202) 482-2440 
or email: Robert.Monjay@bis.doc.gov.

SUPPLEMENTARY INFORMATION:

Background

    On November 14, 1994, by Executive Order 12938, the President 
declared a national emergency with respect to the unusual and 
extraordinary threat to the national security, foreign policy, and 
economy of the United States posed by the proliferation of nuclear, 
biological, and chemical weapons (weapons of

[[Page 13464]]

mass destruction) and the means of delivering such weapons. The 
authority for parts 730, 734, 736, 742 and 745 of the EAR rests in part 
on that executive order and the annual notices continuing the 
international emergency declared therein. This rule revises the 
authority citations paragraphs to parts 730, 734, 736, 742 and 745 of 
the EAR (15 CFR parts 730, 734, 736, 742 and 745) to include citations 
to the President's Notice of November 1, 2012--Continuation of the 
National Emergency With Respect to Weapons of Mass Destruction (77 FR 
66513, November 5, 2012), which is the most recent such annual notice.
    On September 23, 2001, by Executive Order 13224 (66 FR 49079, 3 
CFR, 2001 Comp., p. 786), pursuant to the International Emergency 
Economic Powers Act (50 U.S.C. 1701-1706), the President declared a 
national emergency with respect to persons who commit, threaten to 
commit, or support terrorism. The authority for part 730 of the EAR 
rests in part on that executive order and the annual notices continuing 
the international emergency declared therein. This rule also revises 
the authority citations paragraphs to part 730 of the EAR (15 CFR part 
730) to include citations to the President's Notice of September 11, 
2012--Continuation of the National Emergency With Respect to Persons 
Who Commit, Threaten To Commit, or Support Terrorism (77 FR 56519, 
September 12, 2012), which is the most recent such annual notice.
    On January 25, 1995, by Executive Order 12947 (60 FR 5079, 3 CFR, 
1995 Comp., p. 356), the President declared a national emergency with 
respect to the unusual and extraordinary threat to the national 
security, foreign policy and economy of the United States posed by 
grave acts of violence committed by terrorists who threaten to disrupt 
the Middle East process. On August 20, 1998, by Executive Order 13099 
(63 FR 45167, 3 CFR, 1998 Comp., p. 208), the President modified the 
Annex to Executive Order 12947 to identify four additional persons who 
threaten to disrupt the Middle East peace process. On February 16, 
2005, by Executive Order 13372, the President clarified the steps taken 
in Executive Order 12947. The national emergency declared in Executive 
Order 12947 has been continued in effect through successive annual 
presidential notices. The authority for Parts 730 and 744 of the EAR 
(15 CFR parts 730 and 744) rests in part on Executive Order 12947, as 
amended and clarified, and on the successive annual notices continuing 
the emergency declared in that Executive Order. This rule revises the 
authority citation paragraphs in those parts of the CFR to include a 
citation to the President's Notice of January 17, 2013 (Continuation of 
the National Emergency With Respect to Terrorists Who Threaten to 
Disrupt the Middle East Peace Process (78 FR 4303, January 22, 2013), 
which is the most recent such annual Presidential notice.

Corrections

    This final rule updates seventeen parts of the EAR to correct 
spelling and typographical errors, inaccurate internal references, and 
incorrect paragraph designations.
    This rule amends the EAR to update the mailing address for the 
Bureau of Industry and Security (BIS). The BIS mailroom is no longer 
Room 2705. Mail for BIS should now be directed to Room 2099B. 
Consistent with this room change, this rule makes seventeen changes in 
chapter VII, subchapter C of title 15 of the Code of Federal 
Regulations, the Export Administration Regulations (EAR). Specifically, 
this rule changes all references to ``Room 2705'', ``Room H2705'', or 
``Room H 2705'', wherever they appear in chapter VII, subchapter C, to 
the corrected ``Room 2099B''.

Part 730

    This rule corrects an error in Supplement No. 1 to Part 730 of the 
EAR that was in a final rule published by BIS on March 22, 2005 (70 FR 
14385, 14386). The March 22, 2005 rule contained typographical and 
formatting errors in the title of the Information Collection under OMB 
Control Number 0694-0102. To correct these errors, this rule restates 
the title, ``Registration of U.S. Agricultural Commodities For 
Exemption From Short Supply Limitations on Export, and Petitions For 
The Imposition of Monitoring Or Controls On Recyclable Metallic 
Materials; Public Hearings'' to remove extraneous quotation marks and 
correct spelling and capitalization errors.
    This rule updates Supplement No. 3 to Part 730 of the EAR with the 
correct contact information for the Directorate of Defense Trade 
Controls. More specifically, Supplement No. 3 to Part 730 is modified 
to remove the outdated telephone and facsimile numbers for the 
Directorate of Defense Trade Controls and insert the correct telephone 
and facsimile numbers and the Web site address: telephone (202) 663-
2700, facsimile (202) 261-8695, and Web site https://www.pmddtc.state.gov/. This change ensures that all 
information in Supplement 3 to Part 730 is correct and useful as 
reference information.

Part 732

    This rule updates part 732 of the EAR by modifying the title for 
Supplement No. 2 to Part 732 to ``SUPPLEMENT NO. 2 TO PART 732--SUBJECT 
TO THE EAR?'' This change will make the title more applicable to 
Supplement No. 2.

Part 734

    This rule updates Supplement No. 2 to Part 734 of the EAR to remove 
duplicative and potentially confusing information in the address for 
submission of required reports. More specifically, paragraph 
(b)(2)(iii) incorrectly lists the address for the BIS Regulatory Policy 
Division. Paragraph (b)(2)(iii) is modified to read ``U.S. Department 
of Commerce, Bureau of Industry and Security, Regulatory Policy 
Division, 14th and Pennsylvania Avenue NW., Room 2099B, Washington, DC 
20230.'' This change removes the duplicative use of ``Regulatory Policy 
Division'' in the address, updates the room number, and ensures that 
the address block is correct.

Part 736

    This rule updates Supplement No. 1 to Part 736 of the EAR by 
reformatting and renumbering the supplement to conform to CFR paragraph 
structure and to include headers for each of the General Orders. More 
specifically, Supplement No. 1 to Part 736 is modified by adding proper 
paragraph structure and inserting the header ``General Order No. 1,'' 
``General Order No. 2,'' and ``General Order No. 4'' before each 
applicable paragraph. This change will make this part of the EAR easier 
to understand and more useful.

Part 740

    This rule corrects a typographical error in Supplement No. 1 to 
Part 740 that was in a final rule published by BIS on August 5, 1997 
(62 FR 42047, 42049). The August 5, 1997 rule incorrectly spelled 
Tajikistan as ``Tajikstan'' in Country Group D. To correct this error, 
this rule removes the word ``Tajikstan'' and replaces it with the word 
``Tajikistan'' in the Country column for the Country Group D chart on 
Supplement No. 1 to Part 740.

Part 742

    This rule corrects a grammatical error in Sec.  742.9 of the EAR to 
create proper subject/verb agreement. More specifically, the word 
``is'' at paragraph (b)(1)(ii) is removed and the word ``are'' is 
inserted in its place. This change

[[Page 13465]]

ensures that Sec.  742.9 is clear and that users can understand its 
requirements.
    This rule corrects a grammatical error in Sec.  742.10 of the EAR 
to create proper subject/verb agreement. More specifically, the word 
``is'' at paragraph (b)(1)(ii) is removed and the word ``are'' is 
inserted in its place. This change ensures that Sec.  742.10 is clear 
and that users can understand its requirements.
    This rule corrects Sec.  742.17 of the EAR for a formatting error 
in a final rule published by BIS on April 13, 2009 (64 FR 17968, 17973) 
by renumbering the footnotes in part 742 in sequential order. More 
specifically, the footnote in Sec.  742.17 is renumbered from ``1'' to 
``2'' as footnote number 1 appears in Sec.  742.10. This change 
corrects an oversight whereby the footnote was added, but was numbered 
``1'' as it was the only footnote to part 742 appearing in that Federal 
Register Notice.

Part 744

    This rule corrects a formatting error in Supplement No. 2 to Part 
744 as published by BIS on June 19, 2007 (72 FR 33646, 33658). The June 
19, 2007 rule numbered the paragraphs in Category 3 out of order. 
Specifically, the second paragraph was numbered (iii) and the third 
paragraph was numbered (ii). To correct this error, this rule renumbers 
the paragraphs of Category 3 in sequential order.

Part 748

    This rule corrects a reference error in Sec.  748.2 of the EAR as 
published by BIS on July 11, 2011 (76 FR 40602, 40604), which contained 
an error in the amendatory text paragraphs (a)(2) and (a)(3). 
Specifically, the rule erroneously identified the Northern California 
Branch as being in Irvine rather than San Jose. This rule corrects this 
error, by amending the address blocks thereby ensuring that BIS offices 
are properly identified.
    This rule corrects a typographical error in Supplement 4 to Part 
748 of the EAR as published by BIS on March 25, 1996 (61 FR 12714, 
12826). The March 25, 1996 rule contained a typographical error for the 
address of the Ministere de l'Economie et des Finances, Direction 
Generale des Douanes et Droits Indirects, Division des Affaires 
Juridiques et Contentieuses. Specifically, the rule misidentified 
``Paris Cedex 9'' as ``Paris Codex 9''. This rule corrects this error, 
by amending the address block and thereby ensuring that the IC/DV 
Authority in France is properly identified.

Part 752

    This rule corrects a grammatical error in Sec.  752.11 of the EAR. 
Specifically, paragraphs (c)(1) through (c)(15) consist of a list of 
the elements of an Internal Control Program, and the word ``and'' is 
not included prior to the last item in the list. This rule corrects 
this error by adding the word ``and'' at the end of paragraph (c)(14).
    This rule corrects a reference error in the title of Supplement No. 
2 to Part 752 as published by BIS on April 24, 2006 (71 FR 20876, 
20886). The April 24, 2006 rule incorrectly identified Supplement No. 2 
to Part 752 as ``Instructions for Completing Form BIS-748P-B, `Item 
Annex' ''. However, the correct form number for the ``Item Annex'' is 
Form BIS-748P-A. This rule corrects this error by removing the word 
``BIS-748P-B'' and inserting the word ``BIS-748P-A'' in its place.
    This rule corrects a reference error in Supplement No. 5 to Part 
752 as published by BIS on May 9, 1997 (62 FR 25451, 25467). The May 9, 
1997 rule incorrectly identified Supplement No. 5 to Part 752 as 
``Instructions for Completing Form BIS-748-B, End-User Appendix''. 
However, the correct form number for the ``End-User Appendix'' is Form 
BIS-748P-B. This rule corrects this error by removing the word ``BIS-
748-B'' and inserting the word ``BIS-748P-B'' in its place.

Part 754

    This rule corrects a typographical error in Sec.  754.4 of the EAR 
as published by BIS on September 22, 2003 (68 FR 50470, 50473). The 
September 22, 2003 rule contained a typographical error in the 
amendatory instructions for paragraph (d)(3)(ii). Specifically, the 
rule used the word ``of'' in the phrase ``Shipper's Export Declaration 
of Automated Export System record'' rather than the word ``or''. 
Additionally, the Shipper's Export Declaration (SED) is no longer a 
valid method of reporting export information, so the reference to the 
SED is removed to update the EAR. This rule corrects this error by 
removing ``Shipper's Export Declaration or'' and adding in its place 
``The'' in paragraph (d)(3)(ii).
    This rule corrects Supplement No. 3 to Part 754 for an error in a 
final rule published by BIS on March 25, 1996 (61 FR 12714, 12844). The 
March 25, 1996 rule contained a typographical error, listing the 
citation to the National Emergencies Act as ``() U.S.C. 1601 et 
seq.).'' To correct this error, the incorrect citation is removed and 
the correct citation ``(50 U.S.C. 1601 et seq.)'' is inserted in its 
place.

Part 756

    This rule corrects an error in Sec.  756.1 of the EAR as published 
by BIS on March 25, 1996 (61 FR 12714, 12851). The March 25, 1996 rule 
incorrectly left the word ``Definitions'' in paragraph (b) when the 
section was reserved. This rule corrects this error by removing the 
word ``Definitions'' from paragraph (b).

Part 758

    This rule revises Sec.  758.2 of the EAR. Paragraphs (d)(1) and 
(d)(2) contain contact information for the U.S. Census Bureau and 
Bureau of Industry and Security. This rule inserts the word 
``telephone:'' before the first phone number in each paragraph. This 
change will improve the readability of Sec.  758.2.
    This rule corrects a grammatical error in Sec.  758.7 of the EAR as 
published by BIS on August 21, 2003 (68 FR 50470, 50474). The August 
21, 2003 rule incorrectly contained the word ``to'' rather than the 
word ``of'' in the phrase ``and officials to the Office of Export 
Enforcement'' of paragraph (b)(6). Additionally, the Shipper's Export 
Declaration is no longer a valid method of reporting export 
information, so the reference to the SED is removed to update the EAR. 
This rule removes the word ``to'' and inserts the word ``of'' in its 
place and removes the phrase ``SED or'' in two places in paragraph 
(b)(6).

Part 760

    This rule revises Supplement No. 1 to Part 760 of the EAR to update 
the required notary seal blocks. Paragraphs (I)(A), (I)(B), and (I)(C) 
contain certifications that are related to boycott activities. These 
certifications contain signature and notary blocks that include the 
first two digits of the year. These digits are currently 19, so to 
update the regulations for the 21st century 19 is changed to 20. This 
change will keep the regulations current.

Part 762

    This rule corrects a citation error in Sec.  762.1 of the EAR as 
published by BIS on March 25, 1996 (61 FR 12714, 12900). The March 25, 
1996 rule, at paragraph (b), directed that records shall be produced 
``in a manner provided by Sec.  762.6 of this part.'' However, 
instructions for the production of records required to be maintained by 
part 762 are contained in Sec.  762.7. To correct this error, this rule 
modifies the language of paragraph (b) to ``in a manner provided by 
Sec.  762.7 of this part.''
    This rule corrects a reference error in Sec.  762.2 of the EAR. 
Paragraph (b)(7) identifies ``Supplement No. 3 to Part 742 High 
Performance Computers;

[[Page 13466]]

Safeguards and related Information'' which was removed from the EAR and 
reserved by a final rule published by BIS on April 21, 2006 (71 FR 
20876, 20885). The April 21, 2006 rule moved the requirement for a 
security safeguard plan to paragraph (c)(2) of Supplement No. 2 to Part 
748, but did not revise the reference in paragraph (b)(7). To correct 
this error, this rule removes the language ``Supplement No. 3 to part 
742 High Performance Computers; Safeguards and related Information'' 
from paragraph (b)(7) and inserts the language ``Supplement No. 2 to 
Part 748 paragraph (c)(2), Security Safeguard Plan requirement'' in its 
place.
    This rule revises Sec.  762.2 of the EAR to correct an error. 
Paragraph (b)(9) identifies ``Sec.  740.7, Humanitarian donations 
(NEED)'' which was renumbered and revised by a final rule published by 
BIS on December 4, 1996 (61 FR 64272, 20885). The December 4, 1996 rule 
did not revise the reference in paragraph (b)(9). To correct this 
error, this rule removes the language ``Sec.  740.7, Humanitarian 
donations (NEED)'' and inserts the language ``Sec.  740.12, 
Humanitarian donations (GFT)'' in its place.
    This rule revises Sec.  762.2 of the EAR to correct an error. 
Paragraph (b)(12) identifies ``Sec.  748.4(a), Disclosure and 
substantiation of facts on license applications'' which was revised by 
a final rule published by BIS on July 10, 2000 (65 FR 42565, 42569). 
The July 10, 2000 rule did not revise the reference in paragraph 
(b)(12). To correct this error, this rule removes the language ``Sec.  
748.4(a), Disclosure and substantiation of facts on license 
applications'' and inserts the language ``Sec.  748.4(b), Disclosure of 
parties on license applications and the power of attorney'' in its 
place.
    This rule revises Sec.  762.2 of the EAR to correct an error. 
Paragraph (b)(15) identifies ``Sec.  748.10, Import and End-user 
Certificates'' which was revised by a final rule published by BIS on 
June 19, 2007 (72 FR 33646, 33659). The June 19, 2007 rule did not 
revise the reference in paragraph (b)(15). To correct this error, this 
rule removes the language ``Sec.  748.10, Import and End-user 
Certificates'' and inserts the language ``Sec.  748.10, Import 
Certificates and End-User Statements'' in its place.
    This rule revises Sec.  762.2 of the EAR to correct an error. 
Paragraph (b)(18) identifies ``Sec.  748.2(c), Obtaining forms; mailing 
addresses'' which was removed by a final rule published by BIS on 
August 21, 2008 (73 FR 49323, 49330). The August 21, 2008 rule did not 
revise the reference in paragraph (b)(18). To correct this error, this 
rule removes the language ``Sec.  748.2(c), Obtaining forms; mailing 
addresses'' and inserts the language ``Sec.  748.1(d)(2), Procedure for 
requesting authorization to file paper applications, notifications, or 
requests'' in its place.
    This rule revises Sec.  762.2 of the EAR to correct an error. 
Paragraph (b)(31) identifies ``Sec.  754.2(j)(3), Recordkeeping 
requirements for deep water ballast exchange'' which was moved by a 
final rule published by BIS on July 11, 2001 (76 FR 40602, 40604) to 
Sec.  754.2(j)(2). The July 11, 2001 rule did not revise the reference 
in paragraph (b)(18). To correct this error, this rule removes the 
language ``Sec.  754.2(j)(3), Recordkeeping requirements for deep water 
ballast exchange'' and inserts the language ``Sec.  754.2(j)(2), 
Recordkeeping requirements for deep water ballast exchange'' in its 
place.
    This rule revises Sec.  762.2 of the EAR to correct an error. 
Paragraph (b)(34) identifies ``Sec.  758.1 and Sec.  758.2, Shipper's 
Export Declaration or Automated Export System record.'' The Shipper's 
Export Declaration is no longer a valid method of reporting export 
information, so the reference is removed to update the EAR. This rule 
removes ``Shipper's Export Declaration or'' from paragraph (b)(34).
    This rule revises Sec.  762.2 of the EAR to correct an error. 
Paragraph (b)(36) identifies ``Sec.  760.6, Restrictive Trade Practices 
and Boycotts'' in error. A final rule published by BIS on March 25, 
1996 (61 FR 12714, 12891) identified Sec.  760.6 when that rule set out 
part 760 in its entirety and did not include Sec.  760.6. The reporting 
requirements of part 760 are included in Sec.  760.5, so to correct the 
error, this rule removes the language ``Sec.  760.6, Restrictive Trade 
Practices and Boycotts'' and inserts the language ``Sec.  760.5, 
Reporting requirements'' in its place.
    This rule revises Sec.  762.2 of the EAR to correct an error. 
Paragraph (b)(45), identifying ``Sec.  758.2(c), Assumption writing; 
and'', was added by a final rule published by BIS on July 10, 2000 (65 
FR 42565, 42573). The July 10, 2000 rule incorrectly identified Sec.  
758.2(c) as the location of the written assumption requirement, rather 
than Sec.  758.3(b). To correct this error, this rule removes the 
language ``Sec.  758.2(c), Assumption writing'' and inserts the 
language ``Sec.  758.3(b), Routed Export Transactions;'' in its place.
    This rule revises Sec.  762.2 to make it easier to understand. The 
subparagraphs of paragraph (b) are reordered in sequence by citation.

Part 764

    This rule revises Sec.  764.3 of the EAR to correct an error. The 
heading to paragraph (a)(1) was to be revised to read ``Civil Monetary 
Penalty'' by a final rule published by BIS on August 4, 2006 (71 FR 
44189, 44190); however the rule did not contain an amendatory 
instruction identifying the revision to the heading. To correct this 
error, this rule revises the heading to read ``Civil Monetary 
Penalty.''

Part 772

    This rule revises part 772 to update the reference to the Web site 
for the Automated Export System. The definition of ``Automated Export 
System (AES)'' includes a reference to the former AES Web site, 
``https://www.customs.ustreas.gov/impoexpo/abaesint.htm.'' Additionally, 
the Shipper's Export Declaration is no longer a valid method of 
reporting export information, so the reference to the SED is removed to 
update the EAR. To keep the information in the EAR up to date, this 
rule updates the Web site address by removing the reference ``https://www.customs.ustreas.gov/impoexpo/abaesint.htm'' and replacing it with 
``https://www.census.gov/foreign-trade/aes/'' in the 
definition of ``Automated Export System (AES)'' and removing the 
reference to the paper filing of the SED.
    This rule amends part 772 of the EAR by revising the spelling of 
the word ``signaling'' to ensure a uniform spelling is used throughout 
the EAR. The word ``signaling'' is spelled two ways throughout the EAR. 
The British spelling of ``signalling'' is used in the definition of 
``Data signalling rate'' in part 772, consistent with the text of that 
definition in the Wassenaar Arrangement. The American spelling 
``signaling'' is used elsewhere in the EAR, including the use of that 
defined term in the applicable ECCNs. All of the definitions in the 
Wassenaar Arrangement that contain the word ``signalling'' were removed 
as of December 14, 2011. Therefore, in adopting a uniform spelling 
throughout the EAR, the American spelling is to be used. The spelling 
of the word ``signalling'' in the definition of ``Data signalling 
rate'' in part 772 will be revised to ``signaling'' at two occurrences.
    This rule corrects an error in part 772 of the EAR as published by 
BIS on February 18, 2005 (70 FR 8245, 8250). The February 18, 2005 rule 
contained the incorrect spellings of Kazakhstan and Tajikistan in the 
definition of ``Controlled country'' at part 772. To

[[Page 13467]]

correct this error, this rule removes the words ``Kazakstan'' and 
``Tajikstan'' from the definition of ``Controlled country'' in part 772 
and inserts words ``Kazakhstan'' and ``Tajikistan'' in alphabetic 
order.
    This rule corrects a citation error in part 772 of the EAR as 
published by BIS on March 25, 1996 (61 FR 12714, 12930). The March 25, 
1996 rule contained a typographical error in the definition of 
``General Prohibitions'' in part 772. Specifically, the rule 
misidentified the location of the General Prohibitions in the EAR as 
part 734 of the EAR, rather than part 736 of the EAR. This rule 
corrects this error, by removing the citation ``734'' and inserting the 
citation ``736'' in its place.
    This rule corrects an incorrect reference in part 772 of the EAR to 
update the name of the Directorate of Defense Trade Controls. The 
definition of ``Missile Technology Control Regime (MTCR)'' in part 772 
incorrectly refers to the ``Department of State's Office of Defense 
Trade Controls'' rather than the ``Department of State's Directorate of 
Defense Trade Controls.'' This rule corrects this error, by removing 
the words ``Office of Defense Trade Controls'' and inserting the words 
``Directorate of Defense Trade Controls'' in its place. In order to 
harmonize the Department of Commerce reference with the Department of 
State reference, this rule adds a reference to BIS. In addition, as 
this definition speaks to where the controls for items specified on the 
MTCR Annex reside, this rule adds references to the EAR and 
International Traffic in Arms Regulations (ITAR).
    This rule corrects part 772 of the EAR for an error in the final 
rule that was published by BIS on March 25, 1996 (61 FR 12714, 12939). 
The March 25, 1996 rule contained a typographical error in the 
definition of ``Superalloy'' at part 772. Specifically, the rule 
transposed two digits in the Celsius temperature translation from 
Kelvin, listing ``694 degrees C'' rather than ``649 degrees C''. The 
use of the word degrees in place of the symbol ``[deg]'' in a 
temperature description is also inconsistent with the remainder of the 
EAR and the Wassenaar Arrangement. This rule corrects these errors, by 
removing the phrase ``694 degrees C'' and inserting the phrase 
``649[deg] C'' in its place.
    This rule corrects a typographical error in part 772 of the EAR as 
published by BIS on March 25, 1996 (61 FR 12714, 12940). The March 25, 
1996 rule contained an error in the definition of ``Transfer laser'' in 
part 772. Specifically, the rule included the word ``lasting'' instead 
of the word ``lasing.'' This rule corrects this error, by removing the 
word ``lasting'' and inserting the word ``lasing'' in its place.
    Although the Export Administration Act expired on August 20, 2001, 
the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 
2001 Comp., p. 783 (2002), as extended by the Notice of August 15, 
2012, 77 FR 49699 (August 16, 2012), has continued the EAR in effect 
under the International Emergency Economic Powers Act. BIS continues to 
carry out the provisions of the Export Administration Act, as 
appropriate and to the extent permitted by law, pursuant to Executive 
Order 13222.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been designated a ``not significant 
regulatory action,'' under section 3(f) of Executive Order 12866.
    2. The Department finds that there is good cause under 5 U.S.C. 
553(b)(3)(B) to waive the provisions of the Administrative Procedure 
Act requiring prior notice and the opportunity for public comment 
because they are unnecessary. The revisions made by this rule are 
administrative, not substantive, in nature and do not affect the rights 
and obligations of the public. Because these revisions are not 
substantive changes to the EAR, it is unnecessary to provide prior 
notice and opportunity for public comment. In addition, the 30-day 
delay in effectiveness required by 5 U.S.C. 553(d) is not applicable 
because this rule is not a substantive rule. As stated above, these 
revisions do not alter any rights or obligations, but merely correct 
typographical and organizational errors in the EAR. As a result, no 
benefit would be gained by delaying this rule's effectiveness for 30 
days. This final rule is exempt from the analytical requirements of the 
Regulatory Flexibility Act (5 U.S.C. 601 et. seq.) because no general 
notice of proposed rulemaking was required for this rule.

List of Subjects

15 CFR Part 730, 732, 734, 742, 743, 758, 760, 762, and 764

    Administrative practice and procedure, Reporting and recordkeeping 
requirements.

15 CFR Parts 736, 745, and 756

    Administrative practice and procedure.

15 CFR Part 740, 744, 748, 752, 754, and 772

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements.
    Accordingly, parts 730, 732, 734, 736, 740, 742, 743, 744, 745, 
748, 752, 754, 756, 758, 760, 762, 764, and 772 of the EAR (15 CFR 
Parts 730-774) are amended as follows:

PART 730--[AMENDED]

0
1. The authority citation for part 730 is revised to read as follows:

    Authority: Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 
1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 
U.S.C. 2151 note; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 U.S.C. 
185(s), 185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 15 
U.S.C. 1824a; 50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22 U.S.C. 
7210; E.O. 11912, 41 FR 15825, 3 CFR, 1976 Comp., p. 114; E.O. 
12002, 42 FR 35623, 3 CFR, 1977 Comp., p. 133; E.O. 12058, 43 FR 
20947, 3 CFR, 1978 Comp., p. 179; E.O. 12214, 45 FR 29783, 3 CFR, 
1980 Comp., p. 256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 
608; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 179; E.O. 12918, 
59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 12938, 59 FR 59099, 3 
CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., 
p. 356; E.O. 12981, 60 FR 62981, 3 CFR, 1995 Comp., p. 419; E.O. 
13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; 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; E.O. 13338, 
69 FR 26751, 3 CFR, 2004 Comp., p 168; Notice of May 9, 2012, 77 FR 
27559 (May 10, 2012); Notice of August 15, 2012, 77 FR 49699 (August 
16, 2012); Notice of September 11, 2012, 77 FR 56519 (September, 12, 
2012) ; Notice of November 1, 2012, 77 FR 66513 (November 5, 2012); 
Notice of January 17, 2013, 78 FR 4303 (January 22, 2013).

Supplement No. 1 to Part 730--[Amended]

0
2. Supplement No. 1 to Part 730, the title entry in the row for 
collection number 0694-0102 is revised to read as follows 
``Registration of U.S. Agricultural Commodities For Exemption From 
Short Supply Limitations on Export, and Petitions For

[[Page 13468]]

The Imposition of Monitoring Or Controls On Recyclable Metallic 
Materials; Public Hearings''.

Supplement No. 2 to Part 730--[Amended]

0
3. Supplement No. 2 to Part 730 is amended by removing the phrase 
``Room 2705'' from paragraph (b)(1) and adding the phrase ``Room 
2099B'' in its place.

Supplement No. 3 to Part 730--[Amended]

0
4. Supplement No. 3 to Part 730 is amended by revising the ``Defense 
Services and Defense Articles'' section to read as follows:

Supplement No. 3 to Part 730--Other U.S. Government Departments and 
Agencies With Export Control Responsibilities

* * * * *

Defense Services and Defense Articles

    *Department of State, Directorate of Defense Trade Controls, 
Tel. (202) 663-2700, Fax: (202) 261-8695, Internet: https://www.pmddtc.state.gov/.
* * * * *

PART 732--[AMENDED]

0
5. The authority citation for part 732 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 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, 2012, 77 
FR 49699 (August 16, 2012).

Supplement No. 2 to Part 732--[Amended]

0
6. Supplement No. 2 to Part 732 is amended by revising the title of the 
supplement to read as follows:

Supplement No. 2 to Part 732--Subject to the Ear?

* * * * *

PART 734--[AMENDED]

0
7. The authority citation for part 734 is revised to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 
FR 54079, 3 CFR, 1996 Comp., p. 219; 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, 2012, 77 FR 49699 (August 16, 2012); 
Notice of November 1, 2012, 77 FR 66513 (November 5, 2012).

Supplement No. 1 to Part 734--[Amended]

0
8. Supplement No. 1 to Part 734 is amended by removing the phrase 
``Room 2705'' from the Answer to Question (D)(3) and adding the phrase 
``Room 2099B'' in its place.

Supplement No. 2 to Part 734--[Amended]

0
9. Supplement No. 2 to Part 734 is amended by revising paragraph 
(b)(2)(iii) to read as follows:

Supplement No. 2 to Part 734--Guidelines for De Minimis Rules

* * * * *
    (b) * * *
    (2) * * *
    (iii) Mail or Hand Delivery/Courier: U.S. Department of 
Commerce, Bureau of Industry and Security, Regulatory Policy 
Division, 14th and Pennsylvania Avenue NW., Room 2099B, Washington, 
DC 20230.
* * * * *

PART 736--[AMENDED]

0
10. The authority citation for part 736 is revised to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 2151 note; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 
CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., 
p. 168; Notice of May 9, 2012, 77 FR 27559 (May 10, 2012); Notice of 
August 15, 2012, 77 FR 49699 (August 16, 2012); Notice of November 
1, 2012, 77 FR 66513 (November 5, 2012).

0
11. Supplement No. 1 to Part 736 is revised to read as follows:

Supplement No. 1 to Part 736--General Order

    (a) General Order No. 1:
    General Order No. 1 of September 16, 1998; Establishing a 24-
month validity period on reexport authorizations issued without a 
validity period and revoking those exceeding that period.
    (1) Reexport authorizations issued within 24-months of the 
General Order. All reexport authorizations issued with no validity 
period within the 24-months preceding September 16, 1998 shall be 
deemed to have an expiration date which shall be the date 24-months 
from the date of issuance of the reexport authorization or November 
16, 1998, whichever is longer.
    (2) Reexport authorizations issued before the 24-month period 
preceding the General Order. For reexport authorizations issued with 
no validity period before the 24-month period preceding September 
16, 1998:
    (i) Effective September 16, 1998, all such outstanding reexport 
authorizations for terrorist-supporting countries (see parts 742 and 
746 of the EAR) are revoked.
    (ii) Effective November 16, 1998, all other such outstanding 
reexport authorizations are revoked.
    (3) Extensions. If necessary, you may request extensions of such 
authorizations according to procedures set forth in Sec.  750.7(g) 
of the EAR.
    (4) Specific Notice from BIS. If you have received, or should 
you receive, specific notice from BIS with regard to a reexport 
authorization covered by this General Order, informing you of a 
revocation, suspension, or revision (including validity period) of 
any such reexport authorization, then the terms of that specific 
notice will be controlling.
    (5) Definition of ``authorization''. The term ``authorization'' 
as used in this General Order encompasses the range of reexport 
authorizations granted by BIS, which includes licenses, individual 
letters, and other types of notifications.
    (b) General Order No. 2:
    General Order No. 2; section 5(b) of the Syria Accountability 
and Lebanese Sovereignty Restoration Act of 2003 (SAA) gives the 
President authority to waive the application of certain prohibitions 
set forth in the SAA if the President determines that it is in the 
national security interest of the United States to do so. The 
President made such a determination in Executive Order 13338, 
finding that it was ``in the national security interest of the 
United States to waive application of subsection 5(a)(1) and 
5(a)(2)(A) of the SAA so as to permit the exportation or 
reexportation of certain items as specified in the Department of 
Commerce's General Order No. 2.'' The President's reference to 
General Order No. 2 addresses applications to export and reexport 
the following items, which are considered on a case-by-case basis as 
opposed to the general policy of denial set forth in section 746.9 
of the Regulations: Items in support of activities, diplomatic or 
otherwise, of the United States Government (to the extent that 
regulation of such exportation or reexportation would not fall 
within the President's constitutional authority to conduct the 
nation's foreign affairs); medicine (on the CCL) and medical devices 
(both as defined in part 772 of the EAR); parts and components 
intended to ensure the safety of civil aviation and the safe 
operation of commercial passenger aircraft; aircraft chartered by 
the Syrian Government for the transport of Syrian Government 
officials on official Syrian Government business; telecommunications 
equipment and associated computers, software and technology; and 
items in support of United Nations operations in Syria. The total 
dollar value of each approved license for aircraft parts for flight 
safety normally will be limited to no more than $2 million over the 
24-month standard license term, except in the case of complete 
overhauls.
    Note to General Order No. 2: The controls for exports and 
reexports to Syria are set forth in Sec.  746.9 of the EAR.
    (c) General Order No. 3 [Reserved]
    (d) General Order No. 4:
    General Order No. 4 of June 13, 2008, as amended on September 3, 
2009, amending existing licenses for exports of consolidated gift 
parcels to Cuba due to changes in License Exception GFT.

[[Page 13469]]

    (1) Section 740.12(a) of the EAR authorizes, among other things, 
certain exports of gift parcels to Cuba pursuant to a license 
exception. However, consolidated shipments of multiple gift parcels 
to Cuba require a license even if all of the individual items within 
the consolidated gift parcel would be eligible for this license 
exception if shipped alone.
    (2) Notwithstanding any statements to the contrary on the 
license itself, licenses authorizing the export to Cuba of 
consolidated gift parcels described in paragraph (a) of this order 
that are valid on September 3, 2009 authorize the export of 
consolidated shipments to Cuba of gift parcels that comply with the 
requirements of License Exception GFT found in Sec.  740.12(a) of 
the EAR as of September 3, 2009.
    (3) This General Order does not change any of the other terms 
(including total value of items that may be exported or expiration 
date) of the licenses it affects.

PART 740--[AMENDED]

0
12. The authority citation for part 740 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 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, 2012, 77 FR 49699 (August 16, 2012).


Sec.  740.17  [Amended]

0
13. Section 740.17 is amended by removing the phrase ``Room 2705'' from 
paragraph (e)(1)(ii)(A) and adding the phrase ``Room 2099B'' in its 
place.

Supplement No. 1 to Part 740--[Amended]

0
14. Supplement No. 1 to Part 740 is amended by removing the word 
``Tajikstan'' from the Country Column of the Country Group D chart and 
adding in its place ``Tajikistan''.

PART 742--[AMENDED]

0
15. The authority citation for part 742 is revised to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 
U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; 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. 
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential 
Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; 
Notice of August 15, 2012, 77 FR 49699 (August 16, 2012); Notice of 
November 1, 2012, 77 FR 66513 (November 5, 2012).

0
16. Section 742.9 is amended by revising paragraph (b)(1)(ii) to read 
as follows:


Sec.  742.9  Anti-terrorism: Syria.

* * * * *
    (b) * * *
    (1) * * *
    (ii) Military-related items controlled for national security 
reasons to any destination. These are items that contain NS Column 1 in 
the Country Chart column of the ``License Requirements'' section in an 
ECCN on the CCL and are controlled by equipment or material entries 
ending in the number ``18.''
* * * * *

0
17-18. Section 742.10 is amended by revising paragraph (b)(1)(ii) to 
read as follows:


Sec.  742.10  Anti-terrorism: Sudan.

* * * * *
    (b) * * *
    (1) * * *
    (ii) Military-related items controlled for national security 
reasons to any destination. These are items that contain NS Column 1 in 
the Country Chart column of the ``License Requirements'' section in an 
ECCN on the CCL and are controlled by equipment or material entries 
ending in the number ``18.''
* * * * *


Sec.  742.15  [Amended]

0
19. Section 742.15 is amended by removing the phrase ``Room 2705'' from 
paragraph (c)(2)(ii)(A) and adding the phrase ``Room 2099B'' in its 
place.


Sec.  742.17  [Amended]

0
20. Section 742.17 is amended by redesignating footnote 1 in paragraph 
(a) as footnote 2 in the text of paragraph (a) and in the text of the 
footnote.

PART 743--[AMENDED]

0
21. The authority citation for part 743 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 
15, 2012, 77 FR 49699 (August 16, 2012).


Sec.  743.1  [Amended]

0
22. Section 743.1 is amended in paragraph (g)(1) by removing the phrase 
``Room 2705'' and adding the phrase ``Room 2099B'' in its place.

PART 744--[AMENDED]

0
23. The authority citation for part 744 is revised to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; 
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 
CFR, 2001 Comp., p. 786; Notice of August 15, 2012, 77 FR 49699 
(August 16, 2012); Notice of September 11, 2012, 77 FR 56519 
(September 12, 2012); Notice of November 1, 2012, 77 FR 66513 
(November 5, 2012); Notice of January 17, 2013, 78 FR 4303 (January 
22, 2013).

Supplement No. 2 to Part 744--[Amended]

0
24. Supplement No. 2 to Part 744 is amended by correcting the paragraph 
designation for (3)(iii) as (3)(ii) and the designation for (3)(ii) as 
(3)(iii).

PART 745--[AMENDED]

0
25. The authority citation for part 745 is revised to read as follows:

    Authority: 50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 
CFR, 1994 Comp., p. 950; Notice of November 1, 2012, 77 FR 66513 
(November 5, 2012).

PART 748--[AMENDED]

0
26. The authority citation for part 748 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 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, 2012, 77 
FR 49699 (August 16, 2012).


Sec.  748.1  [Amended]

0
27. Section 748.1 is amended in paragraph (d)(2) by removing the phrase 
``Room H2705'' and adding the phrase ``Room 2099B'' in its place.

0
28. Section 748.2 is amended by revising paragraphs (a)(2) and (3) to 
read as follows:


Sec.  748.2  Obtaining forms; mailing addresses.

    (a) * * *
    (2) Bureau of Industry and Security, Western Regional Office, U.S. 
Department of Commerce, 2302 Martin St., Suite 330, Irvine, CA 92612, 
Tel: (949) 660-0144, Fax: (949) 660-9347, or
    (3) Bureau of Industry and Security, Western Regional Office, 
Northern California Branch, U.S. Department of Commerce, 160 W. Santa 
Clara Street, Suite 725, San Jose, CA 95113, Tel: (408) 998-8805 or 
(408) 998-8806, Fax: (408) 998-8677.
* * * * *


Sec.  748.13  [Amended]

0
29. Section 748.13 is amended in paragraph (c)(2) by removing the 
phrase ``Room 2705'' and adding the phrase ``Room 2099B'' in its place.

[[Page 13470]]

Sec.  748.15  [Amended]

0
30. Section 748.15 is amended in paragraphs (a)(1) and (f)(1)(ii) by 
removing the phrase ``Room 2705'' and adding the phrase ``Room 2099B'' 
in its place.

Supplement No. 4 to Part 748--[Amended]

0
31. Supplement No. 4 to Part 748 is amended in the address column of 
the France entry by removing the word ``Codex'' and adding in its place 
``Cedex''.

Supplement No. 5 to Part 748--[Amended]

0
32. Supplement No. 5 to Part 748 is amended in paragraph (a)(2)(i) by 
removing the phrase ``Room 2705'' and adding the phrase ``Room 2099B'' 
in its place.

PART 752--[AMENDED]

0
33. The authority citation for part 752 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13222, 66 
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 15, 2012, 77 
FR 49699 (August 16, 2012).


0
34. Section 752.11 is amended by revising paragraph (c)(14) to read as 
follows:


Sec.  752.11  Internal Control Programs.

* * * * *
    (c) * * *
    (14) A system for assuring compliance with controls over exports 
and reexports for missile-related end-uses and end-users described in 
Sec.  744.3 of the EAR; and
* * * * *


Sec.  752.17  [Amended]

0
35. Section 752.17 is amended by removing the phrase ``Room 2705'' and 
adding the phrase ``Room 2099B'' in its place.

0
36. Supplement 2 to Part 752 is amended by revising the heading to read 
as follows:

Supplement No. 2 to Part 752-- Instructions for Completing Form BIS-
748P-A, ''Item Annex''

* * * * *

0
37. Supplement 5 to Part 752 is amended by revising the heading to read 
as follows:

Supplement No. 5 to Part 752-- Instructions for Completing Form BIS-
748P-B, End-User Appendix

* * * * *

PART 754--[AMENDED]

0
38. The authority citation for part 754 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 30 U.S.C. 185(s), 185(u); 42 
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; E.O. 11912, 41 FR 
15825, 3 CFR, 1976 Comp., p. 114; E.O. 13222, 66 FR 44025, 3 CFR, 
2001 Comp., p. 783; Notice of August 15, 2012, 77 FR 49699 (August 
16, 2012).


0
39. Section 754.4 is amended by revising paragraph (d)(3)(ii) to read 
as follows:


Sec.  754.4  Unprocessed western red cedar.

* * * * *
    (d) * * *
    (3) * * *
    (ii) The Automated Export System record.
* * * * *


Sec.  754.6  [Amended]

0
40. Section 754.6 is amended in paragraph (c) by removing the phrase 
``Room 2705'' and adding the phrase ``Room 2099B'' in its place.


Sec.  754.7  [Amended]

0
41. Section 754.7 is amended in paragraph (d) by removing the phrase 
``Room 2705'' and adding the phrase ``Room 2099B'' in its place.

Supplement No. 3 to Part 754--[Amended]

0
42. Supplement No. 3 to Part 754 is amended in paragraph (3) in the 
``Public Law 104-58 Sec. 201 Exports of Alaskan North Slope Oil.'' 
section by removing ``() U.S.C. 1601 et seq.)'' and adding in its place 
``(50 U.S.C. 1601 et seq.)''.

PART 756--[AMENDED]

0
43. The authority citation for part 756 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 
15, 2012, 77 FR 49699 (August 16, 2012).


Sec.  756.1  [Amended]

0
44. Section 756.1 is amended by removing the subject heading to 
reserved paragraph (b).

PART 758--[AMENDED]

0
45. The authority citation for part 758 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 
15, 2012, 77 FR 49699 (August 16, 2012).


0
46. Section 758.2 is amended by revising paragraphs (d)(1) and (2) to 
read as follows:


Sec.  758.2  Automated Export System (AES).

* * * * *
    (d) * * *
    (1) For additional information on the AES in general, please 
contact: Chief Foreign Trade Division, U.S. Census Bureau, telephone: 
(301) 457-2255, facsimile: (301) 457-2645.
    (2) For information about BIS's Option 4 approval process to use 
AES Option 4 for items subject to the EAR, contact: Director, Office of 
Enforcement Analysis, Bureau of Industry and Security, telephone: (202) 
482-4255, facsimile: (202) 482-0971.


Sec.  758.4  [Amended]

0
47. Section 758.4 is amended in paragraph (c) by removing the phrase 
``Room 2705'' and adding the phrase ``Room 2099B'' in its place.


Sec.  758.5  [Amended]

0
48. Section 758.5 is amended in paragraph (e)(2)(ii) by removing the 
phrase ``Room 2705'' and adding the phrase ``Room 2099B'' in its place.

0
49. Section 758.7 is amended by revising the second sentence of 
paragraph (b)(6) to read as follows:


Sec.  758.7  Authority of the Office of Export Enforcement, the Bureau 
of Industry and Security, Customs offices and Postmasters in clearing 
shipments.

* * * * *
    (b) * * *
    (6) * * * In addition to the authority of Customs officers to seize 
and detain items, both Customs officials and officials of the Office of 
Export Enforcement are authorized to detain any shipment held for 
review of the AES record, or if there is no AES record, the bill of 
lading or other loading document covering the items about to be 
exported, or for physical inspection of the items, whenever such action 
is deemed to be necessary to assure compliance with the EAR.
* * * * *

PART 760--[AMENDED]

0
50. The authority citation for part 760 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 
15, 2012, 77 FR 49699 (August 16, 2012).

Supplement No. 1 to Part 760--[Amended]

0
51. Supplement 1 to Part 760 is amended by removing the year reference 
``19----'' and adding in its place ``20----'' in three (3) places in 
section 1.

[[Page 13471]]

PART 762--[AMENDED]

0
52. The authority citation for part 762 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 
15, 2012, 77 FR 49699 (August 16, 2012).


Sec.  762.1  [Amended]

0
53. Section 762.1 is amended in paragraph (b) by removing the reference 
``Sec.  762.6'' and adding in its place ``Sec.  762.7''.

0
54. Section 762.2 is amended by revising paragraph (b) to read as 
follows:


Sec.  762.2  Records to be retained.

* * * * *
    (b) Records retention references. Paragraph (a) of this section 
describes records that are required to be retained. Other parts, 
sections, or supplements of the EAR which require the retention of 
records or contain recordkeeping provisions, include, but are not 
limited to the following:
    (1) Sec.  732.6, Steps for other requirements;
    (2) Sec.  734.4(g), de minimis calculation (method);
    (3) Part 736, General Prohibitions;
    (4) Sec.  740.1, Introduction (to License Exceptions);
    (5) [RESERVED]
    (6) Sec.  740.10(c), Servicing and replacement of parts and 
equipment (RPL);
    (7) [RESERVED]
    (8) Sec.  740.12, Humanitarian donations (GFT);
    (9) Sec.  740.13(f), Technology and software--unrestricted (TSU);
    (10) [RESERVED]
    (11) Sec.  743.1, Wassenaar reports;
    (12) Sec.  743.2, High Performance Computers;
    (13) [RESERVED]
    (14) Sec.  745.1, Annual reports;
    (15) Sec.  745.2, End-use certificates;
    (16) Sec.  746.3 Iraq;
    (17) Part 747, Special Iraq Reconstruction License;
    (18) Sec.  748.1(d)(2), Procedure for requesting authorization to 
file paper applications, notifications, or requests;
    (19) Sec.  748.4(b), Disclosure of parties on license applications 
and the power of attorney;
    (20) Sec.  748.6, General instructions for license applications;
    (21) Sec.  748.9, Support documents for license applications;
    (22) Sec.  748.10, Import Certificates and End-User Statements;
    (23) Sec.  748.11, Statement by Ultimate Consignee and Purchaser;
    (24) Sec.  748.13, Delivery Verification (DV);
    (25) Sec.  748.14, Exports of firearms;
    (26) Supplement No. 2 to Part 748 paragraph (c)(2), Security 
Safeguard Plan requirement;
    (27) Sec.  750.7, Issuance of license and acknowledgment of 
conditions;
    (28) Sec.  750.8, Revocation or suspension of license;
    (29) Sec.  750.9, Duplicate licenses;
    (30) Sec.  750.10, Transfer of licenses for export;
    (31) Sec.  752.7, Direct shipment to customers;
    (32) Sec.  752.9, Action on SCL applications;
    (33) Sec.  752.10, Changes to the SCL;
    (34) Sec.  752.11, Internal Control Programs;
    (35) Sec.  752.12, Recordkeeping requirements;
    (36) Sec.  752.13, Inspection of records;
    (37) Sec.  752.14, System reviews;
    (38) Sec.  752.15, Export clearance;
    (39) Sec.  754.2(j)(2), Recordkeeping requirements for deep water 
ballast exchange
    (40) Sec.  754.4, Unprocessed western red cedar;
    (41) Sec.  758.1 and Sec.  758.2, Automated Export System record;
    (42) Sec.  758.1(h), Record and proof of agent's authority;
    (43) Sec.  758.3(b), Routed Export Transactions;
    (44) Sec.  758.6, Destination control statements;
    (45) Sec.  760.5, Reporting requirements;
    (46) Sec.  762.2, Records to be retained;
    (47) Sec.  764.2, Violations;
    (48) Sec.  764.5, Voluntary self-disclosure; and
    (49) Sec.  766.10, Subpoenas.
* * * * *

PART 764--[AMENDED]

0
55. The authority citation for part 772 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 
15, 2012, 77 FR 49699 (August 16, 2012).


Sec.  764.3  [Amended]

0
56. Section 764.3 is amended by:
0
a. Revising the paragraph (a)(1) subject heading to read ``Civil 
monetary penalty''; and
0
b. Removing from paragraph (a)(2) the phrase ``Room H 2705'' and adding 
the phrase ``Room 2099B'' in its place.

PART 772--[AMENDED]

0
57. The authority citation for part 772 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 
15, 2012, 77 FR 49699 (August 16, 2012).


0
58. Section 772.1 is amended by revising the definitions of ``Automated 
Export System (AES)'', ``Controlled country'', ``Data Signalling 
Rate'', ``General Prohibitions'', ``Missile Technology Control Regime 
(MTCR)'', ``Superalloy'', and ``Transfer laser'' to read as follows:


Sec.  772.1  Definitions of terms as used in the Export Administration 
Regulations (EAR).

* * * * *
    Automated Export System (AES). AES is a nationwide system 
operational at all ports and for all methods of transportation through 
which export shipment data required by multiple agencies is filed 
electronically to Customs, using the efficiencies of Electronic Data 
Interchange (EDI). AES allows the export information to be collected 
electronically and edited immediately. For more information about AES, 
visit the Bureau of Census Web site at: https://www.customs.ustreas.gov/impoexpo/abaesint.htm.
* * * * *
    Controlled country. Countries designated controlled for national 
security purposes under authority delegated to the Secretary of 
Commerce by Executive Order 12214 of May 2, 1980 pursuant to section 
5(b) of the EAA. The controlled countries are: Albania, Armenia, 
Azerbaijan, Belarus, Cambodia, Cuba, the People's Republic of China, 
Georgia, Iraq, Kazakhstan, Kyrgyzstan, Laos, Macau, Moldova, Mongolia, 
North Korea, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and 
Vietnam. All of the controlled countries except Cuba are listed in 
Country Group D:1 of the EAR. Cuba is listed in Country Group E:2. This 
definition does not apply to part 768 of the EAR (Foreign 
Availability), which provides a dedicated definition.
* * * * *
    ``Data signaling rate.'' (Cat 5) means the rate, as defined in ITU 
Recommendation 53-36, taking into account that, for non-binary 
modulation, baud and bit per second are not equal. Bits for coding, 
checking and synchronization functions are to be included.

    Note: When determining the ``data signaling rate'', servicing 
and administrative channels shall be excluded.


    Technical Note: It is the maximum one-way rate, i.e., the 
maximum rate in either transmission or reception.

* * * * *
    General prohibitions. The 10 prohibitions found in part 736 of the 
EAR that prohibit certain exports,

[[Page 13472]]

reexports, and other conduct, subject to the EAR, absent a license, 
license exception, or determination that no license is required 
(``NLR'').
* * * * *
    Missile Technology Control Regime (MTCR). The United States and 
other nations in this multilateral control regime have agreed to 
guidelines for restricting the export and reexport of dual-use items 
that may contribute to the development of missiles. The MTCR Annex 
lists missile-related equipment and technology controlled either by the 
Department of Commerce's Bureau of Industry and Security--Export 
Administration Regulations (15 CFR Parts 730 through 799) or by the 
Department of State's Directorate of Defense Trade Controls--
International Traffic in Arms Regulations (22 CFR Parts 120 through 
130).
* * * * *
    ``Superalloy''. (Cat 2 and 9)--Nickel-, cobalt-, or iron-base 
alloys having strengths superior to any alloys in the AISI 300 series 
at temperatures over 922 K (649 [deg]C) under severe environmental and 
operating conditions.
* * * * *
    ``Transfer laser''. (Cat 6)--A ``laser'' in which the lasing 
species is excited through the transfer of energy by collision of a 
non-lasing atom or molecule with a lasing atom or molecule species.
* * * * *

    Dated: February 19, 2013.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2013-04158 Filed 2-27-13; 8:45 am]
BILLING CODE 3510-33-P