Amendments to the Export Administration Regulations: Implementation of Limited Syria Waiver for Reconstruction Assistance, 43972-43974 [2013-17665]
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Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Rules and Regulations
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority.
This rulemaking is promulgated
under the authority described in
Subtitle VII, Part, A, Subpart I, Section
40103. Under that section, the FAA is
charged with prescribing regulations to
assign the use of airspace necessary to
ensure the safety of aircraft and the
efficient use of airspace. This regulation
is within the scope of that authority as
it amends Class E airspace at Tri-Cities
Regional Airport, Tri-Cities, TN.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1E, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 311a. This airspace action is
not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (Air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9W,
Airspace Designations and Reporting
Points, dated August 8, 2012, and
effective September 15, 2012, is
amended as follows:
■
Paragraph 6002 Class E Airspace
Designated as Surface Areas
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*
*
*
*
*
ASO TN E2 Tri-Cities, TN [Amended]
Tri-Cities Regional Airport, TN/VA
(Lat. 36°28′31″ N., long. 82°24′27″ W.)
Edwards Heliport, TN
(Lat. 36°25′57″ N., long. 82°17′37″ W.)
That airspace extending upward from the
surface within a 6.8-mile radius of Tri-Cities
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Jkt 229001
Regional Airport, excluding the 2.5-mile
radius of Edwards Heliport. This Class E
airspace area is effective during the specific
days and times established in advance by a
Notice to Airmen. The effective days and
times will thereafter be continuously
published in the Airport/Facility Directory.
Issued in College Park, Georgia, on July 10,
2013.
Jack Allen,
Acting Manager, Operations Support Group,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2013–17256 Filed 7–22–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 736 and 746
[Docket No. 130627574–3574–01]
RIN 0694–AF94
Amendments to the Export
Administration Regulations:
Implementation of Limited Syria
Waiver for Reconstruction Assistance
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
The Bureau of Industry and
Security (BIS) amends the Export
Administration Regulations (EAR) to
implement a limited waiver, published
by the Secretary of State on June 12,
2013, of the Syria Accountability and
Lebanese Sovereignty Restoration Act of
2003 (the SAA). The waiver authorizes
BIS to issue licenses on a case-by-case
basis for the export or reexport of
certain commodities, software, and
technology necessary for the support of
the Syrian people. Specifically,
consistent with Section 5(b) of the SAA,
Executive Order 13338 of May 11, 2004
and the International Emergency
Economic Powers Act (IEEPA), BIS
implements the waiver by amending its
Syria licensing policy under the EAR.
BIS will review licenses on a case-bycase basis for the export or reexport of
certain commodities, software, and
technology, including, but not limited
to, those related to water supply and
sanitation, agricultural production and
food processing, power generation, oil
and gas production, construction and
engineering, transportation, and
educational infrastructure, as a means of
helping to address the critical needs of
the Syrian people and facilitating
reconstruction. These exports are
necessary to support a political
transition, restore stability, and counter
SUMMARY:
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destabilizing influences in the region,
and are therefore essential to the
national security of the United States.
DATES: This rule is effective July 23,
2013.
FOR FURTHER INFORMATION CONTACT:
Steven Schrader, Senior Export Policy
Analyst, Foreign Policy Division, Office
of Nonproliferation and Treaty
Compliance, Bureau of Industry and
Security, by phone (202) 482–1338 or by
email Steven.Schrader@bis.doc.gov or
the BIS Foreign Policy Division at (202)
482–4252.
SUPPLEMENTARY INFORMATION:
Background
In the Syria Accountability and
Lebanese Sovereignty Restoration Act of
2003 (Pub. L. 108–175, codified as a
note to 22 U.S.C. 2151) (the SAA), the
United States addressed the Syrian
government’s support for terrorist
groups, its military presence in
Lebanon, its pursuit of weapons of mass
destruction, and its actions to
undermine U.S. and international efforts
with respect to the stabilization and
reconstruction of Iraq (Section 5(a) and
(d)). Section 5(a)(1) of the SAA requires
the President to prohibit the export to
Syria of all items on the Commerce
Control List (15 CFR Part 774). The SAA
also requires the President to impose
two or more of the six additional
sanctions set forth in Section 5(a)(2)(A)–
(F).
The President implemented those
sanctions through Executive Order (EO)
13338 of May 11, 2004, which includes
an additional sanction prohibiting the
export to Syria of products of the United
States other than food and medicine.
However, the President exercised
national security waiver authority
pursuant to Section 5(b) of the SAA,
which authorized certain transactions
under BIS license and delegated his
authority to issue additional waivers to
the Secretary of State.
In accordance with this EO, BIS
implemented sanctions on Syria by
issuing General Order No. 2 to
Supplement No. 1 to Part 736 of the
Export Administration Regulations
(EAR). See 69 FR 26766 (May 14, 2004).
In addition, BIS later made
administrative changes to General Order
No. 2 and § 746.9 of the EAR to facilitate
compliance with the comprehensive
U.S. sanctions on Syria. See 74 FR
77115 (Dec. 12, 2011).
On June 12, 2013, the Secretary of
State exercised authority delegated to
him by the President in Section 9 of EO
13338 to waive the application of
specific sanctions imposed on Syria
pursuant to the SAA. This rule
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Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Rules and Regulations
sroberts on DSK5SPTVN1PROD with RULES
implements the Secretary of State’s
waiver by amending General Order No.
2 and § 746.9 of the EAR. Specifically,
BIS revises the list of waivers in General
Order No. 2 and the associated licensing
policy in § 746.9 of the EAR to allow
case-by-case review of applications for
exports and reexports of items necessary
for the support of the Syrian people.
These exports are necessary to support
a political transition, restore stability,
and counter destabilizing influences in
the region, and are therefore essential to
the national security of the United
States. The items may include, but are
not limited to, commodities, software,
and technology related to water supply
and sanitation, agricultural production
and food processing, power generation,
oil and gas production, construction and
engineering, transportation, and
educational infrastructure.
Since August 21, 2001, the Export
Administration Act (the Act) has been
in lapse and 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 most
recently by the Notice of August 15,
2012, 77 FR 49699 (August 16, 2012),
has continued the EAR in effect under
the IEEPA. BIS continues to carry out
the provisions of the Act, as appropriate
and to the extent permitted by law,
pursuant to EO 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 ‘‘significant
regulatory action’’ although not
economically significant, under section
3(f) of Executive Order 12866.
Accordingly, the rule has been reviewed
by the Office of Management and
Budget (OMB).
2. Notwithstanding any other
provisions 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
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Jkt 229001
OMB Control Number. This rule
involves collections of information
subject to the PRA. This collection has
been approved by OMB under control
number 0694–0088, ‘‘Multi-Purpose
Application,’’ which carries a burden
hour estimate of 43.8 minutes to prepare
and submit form BIS–748. Total burden
hours associated with the PRA and
OMB control number 0694–0088 are not
expected to increase as a result of this
rule.
3. This rule does not contain policies
with Federalism implications as that
term is defined under Executive Order
13132.
4. Pursuant to 5 U.S.C. 553(a)(1), the
provisions of the Administrative
Procedure Act requiring notice of
proposed rulemaking, the opportunity
for public participation, and a delay in
effective date, are inapplicable because
this regulation involves a military or
foreign affairs function of the United
States (see 5 U.S.C. 553(a)(1)). This rule
implements the waiver of certain
sanctions on Syria to authorize the
exportation or reexportation of items
necessary for the support of the Syrian
people. No other law requires that a
notice of proposed rulemaking and an
opportunity for public comment be
given for this rule. Because a notice of
proposed rulemaking and an
opportunity for public comment are not
required to be given for this rule by 5
U.S.C. 553, or by any other law, the
analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are not applicable. Accordingly,
no Regulatory Flexibility analysis is
required and none has been prepared.
Notwithstanding these considerations,
BIS welcomes public comments and
will review them on a continuing basis.
List of Subjects
15 CFR Part 736
Exports.
PART 736—[AMENDED]
1. The authority citation for 15 CFR
part 748 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. 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.
Frm 00003
Fmt 4700
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).
2. Supplement No. 1 to part 736, in
paragraph (b), General Order No. 2 is
amended by revising the last phrase in
the third sentence and adding a phrase
after it to read as follows:
■
Supplement No. 1 to Part 736—General
Orders
*
*
*
*
*
(b) * * *
General Order No. 2 * * * ; items in
support of United Nations operations in
Syria; and items necessary for the support of
the Syrian people, including, but not limited
to, items related to water supply and
sanitation, agricultural production and food
processing, power generation, oil and gas
production, construction and engineering,
transportation, and educational
infrastructure. * * *
*
*
*
*
*
PART 746—[AMENDED]
3. The authority citation for 15 CFR
part 746 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. 287c; Sec 1503,
Pub. L. 108–11, 117 Stat. 559; 22 U.S.C. 6004;
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
12854, 58 FR 36587, 3 CFR, 1993 Comp., p.
614; E.O. 12918, 59 FR 28205, 3 CFR, 1994
Comp., p. 899; E.O. 13222, 3 CFR, 2001
Comp., p. 783; E.O. 13338, 69 FR 26751, 3
CFR, 2004 Comp., p 168; Presidential
Determination 2003–23 of May 7, 2003, 68
FR 26459, May 16, 2003; Presidential
Determination 2007–7 of December 7, 2006,
72 FR 1899 (January 16, 2007); Notice of May
9, 2012, 77 FR 27559 (May 10, 2012); Notice
of August 15, 2012, 77 FR 49699 (August 16,
2012).
4. In § 746.9, paragraph (c)(2) is
amended by revising the last phrase in
the first sentence and adding a phrase
after it to read as follows:
■
15 CFR Part 746
Exports, Reporting and recordkeeping
requirements.
Accordingly, parts 736 and 746 of the
EAR (15 CFR parts 730–774) are
amended as follows:
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§ 746.9
Syria
*
*
*
*
*
(c) * * *
(2) * * * ; items in support of United
Nations operations in Syria; and items
necessary for the support of the Syrian
people, including, but not limited to,
items related to water supply and
sanitation, agricultural production and
food processing, power generation, oil
and gas production, construction and
engineering, transportation, and
educational infrastructure. * * *
*
*
*
*
*
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43974
Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Rules and Regulations
Dated: July 17, 2013.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2013–17665 Filed 7–22–13; 8:45 am]
BILLING CODE 3510–33–P
FEDERAL TRADE COMMISSION
16 CFR Part 305
[3084–AB15]
Energy and Water Use Labeling for
Consumer Products Under the Energy
Policy and Conservation Act (Energy
Labeling Rule)
Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’).
ACTION: Final rule.
AGENCY:
The Commission amends the
Energy Labeling Rule (‘‘Rule’’) by
updating comparability ranges and unit
energy costs for many EnergyGuide
labels. The Commission also issues a
conditional exemption and amendments
for modified refrigerator and clothes
washer labels to help consumers
compare the labels for these products
after the implementation of upcoming
changes to the Department of Energy
(‘‘DOE’’) test procedures.
DATES: The amendments published in
this document will become effective on
November 15, 2013.
ADDRESSES: Requests for copies of this
document should be sent to: Public
Reference Branch, Room 130, Federal
Trade Commission, 600 Pennsylvania
Avenue NW., Washington, DC 20580.
The complete record of this proceeding
is also available at that address.
Relevant portions of the proceeding,
including this document, are available
at https://www.ftc.gov.
FOR FURTHER INFORMATION CONTACT:
Hampton Newsome, (202) 326–2889,
Attorney, Division of Enforcement,
Bureau of Consumer Protection, Federal
Trade Commission, 600 Pennsylvania
Avenue NW., Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. Background
The Commission issued the Energy
Labeling Rule (‘‘Rule’’) in 1979,1
pursuant to the Energy Policy and
Conservation Act of 1975 (EPCA).2 The
Rule requires energy labeling for major
1 44
FR 66466 (Nov. 19, 1979) (Rule’s initial
promulgation).
2 42 U.S.C. 6294. EPCA also requires the DOE to
develop test procedures that measure how much
energy appliances use, and to determine the
representative average cost a consumer pays for
different types of energy.
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16:50 Jul 22, 2013
Jkt 229001
home appliances and other consumer
products, to help consumers compare
competing models. When first
published, the Rule applied to eight
categories: Refrigerators, refrigeratorfreezers, freezers, dishwashers, water
heaters, clothes washers, room air
conditioners, and furnaces. The
Commission subsequently expanded the
Rule’s coverage to include central air
conditioners, heat pumps, plumbing
products, lighting products, ceiling fans,
and televisions. The Commission is
currently conducting a regulatory
review of the Rule.3
The Rule requires manufacturers to
attach yellow EnergyGuide labels for
many of the covered products, and
prohibits retailers from removing the
labels or rendering them illegible. In
addition, the Rule directs sellers,
including retailers, to post label
information on Web sites and in paper
catalogs from which consumers can
order products. EnergyGuide labels for
covered products contain three key
disclosures: Estimated annual energy
cost (for most products); a product’s
energy consumption or energy
efficiency rating as determined from
DOE test procedures; and a
comparability range displaying the
highest and lowest energy costs or
efficiency ratings for all similar models.
For energy cost calculations, the Rule
specifies national average costs for
applicable energy sources (e.g.,
electricity, natural gas, oil) as calculated
by DOE. The Rule sets a five-year
schedule for updating comparability
range and annual energy cost
information.4 The Commission updates
the range information based on
manufacturer data submitted pursuant
to the Rule’s reporting requirements.
II. Notice of Proposed Rulemaking
In a Notice of Proposed Rulemaking
(NPRM) announced December 31,
2012,5 the Commission, consistent with
its five-year schedule, proposed to
update the comparability ranges
(Appendices A–J to Part 305) and
national average energy costs (Appendix
K to Part 305) for many EnergyGuide
labels. The NPRM also contained
several minor, proposed revisions and
updates to the label’s content, some
suggested by commenters as part of the
ongoing regulatory review. Finally, the
Commission proposed to grant a request
3 77 FR 15298 (Mar. 15, 2012) (regulatory review).
The Commission currently has another open
proceeding related to light bulb coverage. See 76 FR
45715 (Aug. 1, 2011) (proposed expanded light bulb
coverage).
4 16 CFR 305.10.
5 See https://www.ftc.gov/opa/2012/12/
energylabel.shtm. 78 FR 1779 (Jan. 9, 2013).
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Fmt 4700
Sfmt 4700
from the Association of Home
Appliance Manufacturers (AHAM) for
an exemption related to labeling
requirements for refrigerators,
refrigerator-freezers, and freezers
(hereinafter referred to as
‘‘refrigerators’’), and clothes washers to
address recent DOE test procedures.
In response to the NPRM, the
Commission received 10 comments
from organizations and individuals as
well as 2,915 nearly identical letters
from individual consumers as part of a
mass mailing.6 As discussed in detail
below, the comments generally
supported the Commission’s proposals.
The Commission now publishes final
amendments on these issues, with some
minor changes detailed below.7
Although the present amendments,
along with an earlier final rule notice
published on January 10, 2013 (78 FR
2200), address several issues raised
during the regulatory review, the
Commission plans to consider
additional issues in a future notice.8
A. Comparability Range and Energy
Cost Revisions
Background: The NPRM contained
proposed revisions to the comparability
range and energy cost information for
many products bearing EnergyGuide
labels.9 In addition, the Commission
proposed to update the average energy
cost (e.g., 12 cents per kWh)
manufacturers must use to calculate a
model’s estimated energy cost for the
label based on updated national
6 See https://ftc.gov/os/comments/
energylabelrangers/index.shtm. The organizational
comments included: Alliance Laundry Systems LLC
(# 563707–00002 and # 563707–00012), Association
of Home Appliance Manufacturers (AHAM)
(#563707–00003 and #563707–00013), AirConditioning, Heating, and Refrigeration Institute
(AHRI) (#563707–00004 and #563707–00010), joint
comments from several energy, environmental and
consumer organizations (including Alliance to Save
Energy, Appliance Standards Awareness Project,
Consumer Federation of America, Consumers
Union, Earthjustice, Natural Resources Defense
Council, Public Citizen, and the Sierra Club) (‘‘Joint
Commenters’’) (#563707–00005 and #563707–
00011), and the California Independently Owned
Utilities Codes & Standards Team (CA IOU)
(#563707–00009), VanBrocklin (#563707–00008),
and individual consumer letters (2,915 letters from
individual consumers) (#563707–00006). All the
consumer letters, which were gathered and
submitted by Earthjustice, addressed the issue of
label categories for refrigerator configurations.
7 The amendments also contain several
corrections to the numbering for the Rule’s sample
labels (section 305.17 and Appendix L), the list of
states and capacity references on heating and
cooling equipment labels in Appendix L, references
to heating and cooling products in 305.12, and a
Web site address in 305.20.
8 77 FR 15298.
9 16 CFR 305.10. In addition to revising existing
comparability ranges, the Commission proposed to
include a new range for instantaneous electric water
heaters based on data submitted by industry.
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]]>Agencies
[Federal Register Volume 78, Number 141 (Tuesday, July 23, 2013)]
[Rules and Regulations]
[Pages 43972-43974]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17665]
=======================================================================
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 736 and 746
[Docket No. 130627574-3574-01]
RIN 0694-AF94
Amendments to the Export Administration Regulations:
Implementation of Limited Syria Waiver for Reconstruction Assistance
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS) amends the Export
Administration Regulations (EAR) to implement a limited waiver,
published by the Secretary of State on June 12, 2013, of the Syria
Accountability and Lebanese Sovereignty Restoration Act of 2003 (the
SAA). The waiver authorizes BIS to issue licenses on a case-by-case
basis for the export or reexport of certain commodities, software, and
technology necessary for the support of the Syrian people.
Specifically, consistent with Section 5(b) of the SAA, Executive Order
13338 of May 11, 2004 and the International Emergency Economic Powers
Act (IEEPA), BIS implements the waiver by amending its Syria licensing
policy under the EAR. BIS will review licenses on a case-by-case basis
for the export or reexport of certain commodities, software, and
technology, including, but not limited to, those related to water
supply and sanitation, agricultural production and food processing,
power generation, oil and gas production, construction and engineering,
transportation, and educational infrastructure, as a means of helping
to address the critical needs of the Syrian people and facilitating
reconstruction. These exports are necessary to support a political
transition, restore stability, and counter destabilizing influences in
the region, and are therefore essential to the national security of the
United States.
DATES: This rule is effective July 23, 2013.
FOR FURTHER INFORMATION CONTACT: Steven Schrader, Senior Export Policy
Analyst, Foreign Policy Division, Office of Nonproliferation and Treaty
Compliance, Bureau of Industry and Security, by phone (202) 482-1338 or
by email Steven.Schrader@bis.doc.gov or the BIS Foreign Policy Division
at (202) 482-4252.
SUPPLEMENTARY INFORMATION:
Background
In the Syria Accountability and Lebanese Sovereignty Restoration
Act of 2003 (Pub. L. 108-175, codified as a note to 22 U.S.C. 2151)
(the SAA), the United States addressed the Syrian government's support
for terrorist groups, its military presence in Lebanon, its pursuit of
weapons of mass destruction, and its actions to undermine U.S. and
international efforts with respect to the stabilization and
reconstruction of Iraq (Section 5(a) and (d)). Section 5(a)(1) of the
SAA requires the President to prohibit the export to Syria of all items
on the Commerce Control List (15 CFR Part 774). The SAA also requires
the President to impose two or more of the six additional sanctions set
forth in Section 5(a)(2)(A)-(F).
The President implemented those sanctions through Executive Order
(EO) 13338 of May 11, 2004, which includes an additional sanction
prohibiting the export to Syria of products of the United States other
than food and medicine. However, the President exercised national
security waiver authority pursuant to Section 5(b) of the SAA, which
authorized certain transactions under BIS license and delegated his
authority to issue additional waivers to the Secretary of State.
In accordance with this EO, BIS implemented sanctions on Syria by
issuing General Order No. 2 to Supplement No. 1 to Part 736 of the
Export Administration Regulations (EAR). See 69 FR 26766 (May 14,
2004). In addition, BIS later made administrative changes to General
Order No. 2 and Sec. 746.9 of the EAR to facilitate compliance with
the comprehensive U.S. sanctions on Syria. See 74 FR 77115 (Dec. 12,
2011).
On June 12, 2013, the Secretary of State exercised authority
delegated to him by the President in Section 9 of EO 13338 to waive the
application of specific sanctions imposed on Syria pursuant to the SAA.
This rule
[[Page 43973]]
implements the Secretary of State's waiver by amending General Order
No. 2 and Sec. 746.9 of the EAR. Specifically, BIS revises the list of
waivers in General Order No. 2 and the associated licensing policy in
Sec. 746.9 of the EAR to allow case-by-case review of applications for
exports and reexports of items necessary for the support of the Syrian
people. These exports are necessary to support a political transition,
restore stability, and counter destabilizing influences in the region,
and are therefore essential to the national security of the United
States. The items may include, but are not limited to, commodities,
software, and technology related to water supply and sanitation,
agricultural production and food processing, power generation, oil and
gas production, construction and engineering, transportation, and
educational infrastructure.
Since August 21, 2001, the Export Administration Act (the Act) has
been in lapse and 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 most recently by the Notice of August 15, 2012, 77 FR
49699 (August 16, 2012), has continued the EAR in effect under the
IEEPA. BIS continues to carry out the provisions of the Act, as
appropriate and to the extent permitted by law, pursuant to EO 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 ``significant regulatory
action'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget (OMB).
2. Notwithstanding any other provisions 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 OMB
Control Number. This rule involves collections of information subject
to the PRA. This collection has been approved by OMB under control
number 0694-0088, ``Multi-Purpose Application,'' which carries a burden
hour estimate of 43.8 minutes to prepare and submit form BIS-748. Total
burden hours associated with the PRA and OMB control number 0694-0088
are not expected to increase as a result of this rule.
3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
4. Pursuant to 5 U.S.C. 553(a)(1), the provisions of the
Administrative Procedure Act requiring notice of proposed rulemaking,
the opportunity for public participation, and a delay in effective
date, are inapplicable because this regulation involves a military or
foreign affairs function of the United States (see 5 U.S.C. 553(a)(1)).
This rule implements the waiver of certain sanctions on Syria to
authorize the exportation or reexportation of items necessary for the
support of the Syrian people. No other law requires that a notice of
proposed rulemaking and an opportunity for public comment be given for
this rule. Because a notice of proposed rulemaking and an opportunity
for public comment are not required to be given for this rule by 5
U.S.C. 553, or by any other law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable.
Accordingly, no Regulatory Flexibility analysis is required and none
has been prepared. Notwithstanding these considerations, BIS welcomes
public comments and will review them on a continuing basis.
List of Subjects
15 CFR Part 736
Exports.
15 CFR Part 746
Exports, Reporting and recordkeeping requirements.
Accordingly, parts 736 and 746 of the EAR (15 CFR parts 730-774)
are amended as follows:
PART 736--[AMENDED]
0
1. The authority citation for 15 CFR part 748 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. 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
2. Supplement No. 1 to part 736, in paragraph (b), General Order No. 2
is amended by revising the last phrase in the third sentence and adding
a phrase after it to read as follows:
Supplement No. 1 to Part 736--General Orders
* * * * *
(b) * * *
General Order No. 2 * * * ; items in support of United Nations
operations in Syria; and items necessary for the support of the
Syrian people, including, but not limited to, items related to water
supply and sanitation, agricultural production and food processing,
power generation, oil and gas production, construction and
engineering, transportation, and educational infrastructure. * * *
* * * * *
PART 746--[AMENDED]
0
3. The authority citation for 15 CFR part 746 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. 287c; Sec 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C.
6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR
36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR,
1994 Comp., p. 899; E.O. 13222, 3 CFR, 2001 Comp., p. 783; E.O.
13338, 69 FR 26751, 3 CFR, 2004 Comp., p 168; Presidential
Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003;
Presidential Determination 2007-7 of December 7, 2006, 72 FR 1899
(January 16, 2007); Notice of May 9, 2012, 77 FR 27559 (May 10,
2012); Notice of August 15, 2012, 77 FR 49699 (August 16, 2012).
0
4. In Sec. 746.9, paragraph (c)(2) is amended by revising the last
phrase in the first sentence and adding a phrase after it to read as
follows:
Sec. 746.9 Syria
* * * * *
(c) * * *
(2) * * * ; items in support of United Nations operations in Syria;
and items necessary for the support of the Syrian people, including,
but not limited to, items related to water supply and sanitation,
agricultural production and food processing, power generation, oil and
gas production, construction and engineering, transportation, and
educational infrastructure. * * *
* * * * *
[[Page 43974]]
Dated: July 17, 2013.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2013-17665 Filed 7-22-13; 8:45 am]
BILLING CODE 3510-33-P
