Update of Short Supply Export Controls: Unprocessed Western Red Cedar, Crude Oil, and Petroleum Products, 34408-34413 [2014-14157]
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34408
Federal Register / Vol. 79, No. 116 / Tuesday, June 17, 2014 / Rules and Regulations
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part 51.
(2) You must use this service information
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‘‘PUCHACZ’’, Revision A, dated September
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(5) You may view this service information
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commodity descriptions of these short
supply commodities. Many of the
Schedule B commodity numbers and
associated commodity descriptions
listed prior to publication of this rule in
the two supplements are now obsolete.
This rule updates the lists in the two
supplements to remove obsolete
descriptions and Schedule B commodity
numbers, and to add relevant
descriptions and Schedule B commodity
numbers for these short supply
commodities. This rule also clarifies the
description of petroleum products in
other sections of the EAR to ensure
those references are current. This rule
will not alter or otherwise affect BIS’s
current enforcement practice with
respect to the EAR’s controls on
unprocessed western red cedar or crude
oil and petroleum products.
DATES: Effective date is June 17, 2014.
FOR FURTHER INFORMATION CONTACT:
Gerard Horner, Director, Office of
Technology Evaluation, Bureau of
Industry and Security, Department of
Commerce, Phone: (202) 482–2078 or by
email at Gerard.Horner@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Issued in Kansas City, Missouri, on June 6,
2014.
Timothy Smyth,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
Background
The ‘‘Harmonized System
Classification’’ is a six-digit
standardized numerical method of
classifying traded products. Harmonized
System numbers are used by customs
authorities around the world to identify
products for the application of duties
and taxes. The United States has
adopted the Harmonized System as the
basis of both its export classification
system, referred to as Schedule B, and
its import classification system, called
the Harmonized Tariff Schedule (HTS).
The first six digits of the commodity
numbers for a product listed on the HTS
and the Schedule B are identical to one
another with respect to descriptions and
codes.
Schedule B numbers are administered
and used by the U.S. Commerce
Department, Census Bureau, Foreign
Trade Division to collect and publish
U.S. export statistics. Schedule B
numbers are required to be reported in
the Automated Export System (AES) for
all export transactions originating in the
United States. There is a Schedule B
commodity number for every physical
product, from paperclips to airplanes,
that are exported from the United States
to foreign countries. According to the
introduction to the Schedule B, which
provides for definitions of commonlyused terms and a guide to interpreting
and using the Schedule B, the term
‘‘headings’’ refers to the article
descriptions appearing in Schedule B at
[FR Doc. 2014–13839 Filed 6–16–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 742, 754 and 774
[Docket No. 140121058–4058–01]
RIN 0694–AG06
Update of Short Supply Export
Controls: Unprocessed Western Red
Cedar, Crude Oil, and Petroleum
Products
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
The Bureau of Industry and
Security (BIS) publishes this final rule
to amend two supplements in the
Export Administration Regulations
(EAR), which contain lists of controlled
crude oil and petroleum products
(produced or derived from the Naval
Petroleum Reserve (NPR)) and
unprocessed western red cedar,
respectively. These lists provide
relevant Census Bureau Schedule B
commodity numbers and associated
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SUMMARY:
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the four-digit level; the term
‘‘subheading’’ refers to any article
description indented thereunder. A
reference to ‘‘headings’’ also
encompasses the subheadings indented
thereunder. The Schedule B 2014 may
be found at https://www.census.gov/
foreign-trade/schedules/b/2014/
index.html. There is no direct
correlation between Schedule B
commodity numbers and the Commerce
Control List Export Control
Classification Numbers (ECCNs).
The Bureau of Industry and Security
(BIS) regulates the export of
unprocessed western red cedar, crude
oil, and petroleum products (that were
produced or derived from the Naval
Petroleum Reserves (NPR) or became
available for export as a result of an
exchange of any NPR-produced or
derived commodities) under the Export
Administration Regulations’ (EAR) short
supply controls. A license is required
for exports of these commodities to all
destinations, including Canada.
For the convenience of exporters, BIS
created Supplement No. 1 and
Supplement No. 2 to part 754 in the
EAR to illustrate the Schedule B
commodity numbers that could apply to
crude oil, petroleum products, and
unprocessed western red cedar
controlled under the EAR. The Schedule
B numbers in Supplement No. 1 to part
754 (crude oil and petroleum products)
were based on the 1994 version of the
Schedule B of commodity
classifications. The Schedule B numbers
in Supplement No. 2 to part 754
(unprocessed western red cedar) were
based on versions of the Schedule B
from the 1980’s. The current version
applicable to all of these commodities is
Schedule B 2014.
This rule updates the lists in the two
supplements to remove obsolete
descriptions and Schedule B commodity
numbers and add relevant descriptions
and Schedule B commodity numbers for
these short supply commodities. This
rule also clarifies the description of
petroleum products in other sections of
the EAR to ensure those references are
current.
Supplement No. 1 to Part 754—
Petroleum and Petroleum Products
Supplement No. 1 to part 754 of the
EAR contains a total of 43 Schedule B
numbers, two for crude oil and 41 for
petroleum products. Significant
modifications to Schedule B numbers
have taken place over the years. After
twenty years, all Schedule B numbers,
except one (2804.29.0010 for ‘‘Helium’’)
are now either obsolete or have
undergone modifications to the
commodity descriptions in the Schedule
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B. Specifically, the two numbers for
crude oil and 22 numbers for petroleum
products are obsolete, and the
modifications have been made to the
commodity descriptions in 18 numbers
for petroleum products. This rule
updates the Schedule B numbers and
commodity descriptions in Supplement
No. 1 of Part 754. The descriptions are
derived from the 2014 Schedule B and
the AES 2014 Export Concordance
(December 30, 2013) (‘‘AES 2014 Export
Concordance’’), https://www.census.gov/
foreign-trade/aes/documentlibrary/
expaes.txt. The AES 2014 Export
Concordance includes Schedule B
numbers and commodity descriptions
that reflect consolidations of
descriptions that appear at the
subheading level in the 2014 Schedule
B. The footnote that provided a source
for the table has been removed, and the
information that was in the footnote has
been incorporated into introductory text
to the Supplement.
Included in the introduction chapter
to the 2014 Schedule B are rules of
interpretation, which provide
information on how to read and
interpret the Schedule B list. Also, there
are Notes at the beginning of Chapter 27
of the 2014 Schedule B that pertain
specifically to products in this chapter.
For example, Note 6 under the
Statistical Notes states, ‘‘In determining
the relative weights of components of
the mixtures provided for in subheading
2710.11.45 and 2710.19.45, naphtha and
other petroleum derivatives which may
be present in such mixtures as solvents
shall be disregarded.’’ Therefore, it is
important to read the rules of
interpretation and all the notes at the
beginning of chapter 27 that pertain to
your products in order to properly
classify your product.
Supplement No. 2 to Part 754—
Unprocessed Western Red Cedar
Supplement No. 2 contains three
Schedule B numbers, 200.3516,
200.2820, and 202.2840, for
unprocessed western red cedar. As a
result of significant modifications to
Schedule B numbers that have taken
place over the years, these three
numbers are now obsolete.
Additionally, the current commodity
descriptions are incomplete as they only
include western red cedar logs and
timber, lumber (rough and containing
wane), and lumber (dressed or worked,
containing wane). This rule updates the
three Schedule B numbers and
commodity descriptions in Supplement
No. 2 of Part 754. To determine if your
Western Red Cedar (WRC) product
requires a license, see § 754.4 of the
EAR.
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This rule replaces the three obsolete
Schedule B numbers of unprocessed
western red cedar, and adds five new
numbers, for a total of eight Schedule B
numbers drawn from the Schedule B
2014. The eight numbers are divided
into two groups: wood in the rough and
lumber. The accompanying commodity
descriptions may have terms with single
quotes, which indicate that a definition
may be found in the notes below the
table. The descriptions in this
supplement were derived from the 2014
Schedule B and the AES 2014 Export
Concordance. This rule also adds
definitions for three terms, ‘treated,’
‘lumber,’ and ‘rough,’ that appear in
commodity description listings in the
Schedule B 2014, as Notes to
Supplement No. 2. Including these
definitions will help exporters better
understand the commodity descriptions
in the supplement.
If there are any discrepancies between
the information in Supplement No. 2
and the information in the most current
Schedule B, which is updated on an
annual basis, you should use the most
current Schedule B number in your
Electronic Export Information filing in
the Bureau of the Census’s Automated
Export System.
This rule also makes an
administrative change to remove the
Unit column in the table for
Unprocessed Western Red Cedar in
Supplement No. 2 to part 754 as ‘‘Unit’’
was removed from the Commerce
Control List on January 6, 2014 (78 FR
61874).
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Supplement No. 2 to part 754. This
revision clarifies that exporters must
consult § 754.4, not Supplement No. 2
to part 754, to determine the license
requirements for unprocessed western
red cedar products controlled under
ECCN 1C988. Section 754.4 contains
definitions of ‘‘unprocessed’’ western
red cedar and other key terms that are
relevant to the scope of the license
requirements. The revision is consistent
with the understanding that the
Supplement No. 2 Schedule B listings
are not exhaustive. The listings (and the
Schedule B more generally) do not
capture the full range of products that
may meet the definition of
‘‘unprocessed western red cedar’’ for
purposes of § 754.4 of the EAR.
Section 754.4 Unprocessed Western
Red Cedar
This rule amends § 754.4 by revising
the introductory text to paragraph (a).
The introductory text to paragraph (a) is
amended to remove the language ‘‘listed
in Supplement No. 2 to this part,’’
consistent with the revision made to
§ 754.1. A new sentence is added to
reference and explain the revised
listings in Supplement No. 2. An
editorial change is also made to put in
lower case the words ‘‘license
exception’’ in the last sentence of the
introductory text to paragraph (a).
Section 742.1(b)(1) CCL Based Controls;
Reasons for Control Listed on the CCL
not Covered by This Part; Short Supply
This rule amends § 742.1(b)(1) by
adding the word ‘‘certain’’ to the
description of ECCN 1C983, because
only natural gas liquids and other
natural gas derivatives that were
produced or derived from the Naval
Petroleum Reserves (NPR) or became
available for export as a result of an
exchange of any NPR produced or
derived commodities are controlled by
the short supply reason for control in
part 754 of the EAR. This rule also adds
the word ‘‘unprocessed’’ to the
description of ECCN 1C988, because
only unprocessed western red cedar is
controlled by the short supply reason
for control in part 754 of the EAR.
Supplement No. 1 to Part 774—
Commerce Control List
This rule amends the heading of
ECCN 1C988 by adding the word
‘‘unprocessed’’ to be more precise about
the control. The reference to
Supplement No. 2 to part 754 of the
EAR is replaced by a reference to § 754.4
of the EAR, thereby clarifying that
exporters should consult § 754.4 to
determine the licensing requirements
that apply to unprocessed western red
cedar. The license requirement of ECCN
1C988 is based on the definitions and
other information in § 754.4 of the EAR.
The Related Definitions paragraph in
the List of Items Controlled section of
ECCN 1C988 is amended to add a
reference to and description of
Supplement No. 2 to part 754.
These clarifying changes do not alter
or otherwise affect BIS’s current practice
with respect to the enforcement of the
EAR’s controls on unprocessed western
red cedar.
Section 754.1 Introduction
This rule amends § 754.1 by revising
subpart (b)(1)(iii) to remove the
language ‘‘listed in Supplement No. 2 to
this part.’’ This revision, which is also
reflected in § 754.4, delinks the license
requirement from the listings in
Export Administration Act
Since August 21, 2001, the Export
Administration Act of 1979, as
amended, has been in lapse. However,
the President, through Executive Order
13222 of August 17, 2001, 3 CFR, 2001
Comp., p. 783 (2002), as amended by
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Executive Order 13637 of March 8,
2013, 78 FR 16129 (March 13, 2013),
and as extended by the Notice of August
8, 2013, 78 FR 49107 (August 12, 2013)
has continued the EAR in effect under
the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.). 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 as amended by Executive Order
13637.
Rulemaking Requirements
1. Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, 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 not been designated a ‘‘significant
regulatory action,’’ under section 3(f) of
Executive Order 12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to, nor is subject to a penalty
for failure to comply with, a collection
of information, subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This regulation
involves collections previously
approved by the OMB under the
following control numbers: 0694–0088
(Simplified Network Application
Processing and Multipurpose
Application Form).
This final rule would not increase
public burden in a collection of
information approved by OMB under
control number 0694–0088, which
authorizes, among other things, export
license applications, because it is
simply updating the Schedule B
numbers and commodity descriptions
for certain commodities in Supplement
No. 1 of part 754 and making certain
limited corrections to §§ 742.1, 754.1
and 754.4.
3. This rule does not contain policies
with Federalism implications as that
term is defined in Executive Order
13132.
4. The Department finds that there is
good cause under 5 U.S.C. 553(b)(B) to
waive the provisions of the
Administrative Procedure Act requiring
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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 merely update the EAR to
reflect changes to regulations referenced
therein so that those references are
harmonized with revisions that have
been made to the Census Bureau’s
Schedule B 2014 publication, e.g.,
updating commodity descriptions,
removing obsolete Schedule B Numbers,
and adding new Schedule B numbers.
The rule does 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 citations
and definitions set forth in the EAR so
that those references are harmonized
with revisions that have been made to
the Bureau of the Census’ Schedule B
2014 publication, e.g., updating
commodity descriptions, removing
obsolete Schedule B Numbers, and
adding new Schedule B numbers. The
revisions are necessary to facilitate
public understanding of the EAR’s short
supply controls on unprocessed western
red cedar, crude oil, and petroleum
products. Accordingly, no benefit would
be gained by delaying this rule’s
effectiveness for 30 days.
Because notice and opportunity for
comment are not required pursuant to 5
U.S.C. 553 or any other law, the
analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are inapplicable. Therefore, a
regulatory flexibility analysis is not
required and has not been prepared.
List of Subjects
PART 742—[AMENDED]
1. The authority citation for 15 CFR
part 742 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. 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 8, 2013, 78 FR
49107 (August 12, 2013); Notice of November
7, 2013, 78 FR 67289 (November 12, 2013).
2. Section 742.1 is amended by
revising paragraph (b)(1) to read as
follows:
■
§ 742.1
Introduction.
*
*
*
*
*
(b) * * *
(1) Short Supply. ECCNs containing
items subject to short supply controls
(‘‘SS’’) refer the exporter to part 754 of
the EAR. These ECCNs are: 0A980
(Horses for export by sea); 1C980
(certain inorganic chemicals); 1C981
(Crude petroleum, including
reconstituted crude petroleum, tar
sands, and crude shale oil); 1C982
(certain other petroleum products);
1C983 (certain natural gas liquids and
other natural gas derivatives); 1C984
(certain manufactured gas and synthetic
natural gas (except when commingled
with natural gas and thus subject to
export authorization from the
Department of Energy); and 1C988
(Unprocessed western red cedar (thuja
plicata) logs and timber, and rough,
dressed and worked lumber containing
wane).
*
*
*
*
*
PART 754—[AMENDED]
3. The authority citation for 15 CFR
part 754 continues to read as follows:
■
15 CFR Part 742
Exports, Terrorism.
Agricultural commodities, Exports,
Forests and forest products, Horses,
Petroleum, Reporting and recordkeeping
requirements.
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 8, 2013, 78
FR 49107 (August 12, 2013).
15 CFR Part 774
■
15 CFR Part 754
Exports, Reporting and recordkeeping
requirements.
Accordingly, Parts 742, 754 and 774
of the Export Administration
Regulations (15 CFR parts 730–774) are
amended as follows:
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4. Section 754.1 is amended by
revising paragraph (b)(1)(iii) to read as
follows:
§ 754.1
*
Introduction.
*
*
(b) * * *
(1) * * *
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(iii) Unprocessed western red cedar
described by ECCN 1C988 (Western red
cedar (thuja plicata) logs and timber,
and rough, dressed and worked lumber
containing wane). For specific licensing
requirements for these items, see § 754.4
of this part.
*
*
*
*
*
■ 5. Section 754.4 is amended by
revising the introductory text to
paragraph (a), to read as follows:
§ 754.4
Unprocessed western red cedar.
(a) License requirement. As indicated
by the letters ‘‘SS’’ in the ‘‘Reason for
Control’’ paragraph in the ‘‘License
Requirements’’ section of ECCN 1C988
on the CCL (Supplement No. 1 to part
774 of the EAR), a license is required to
all destinations, including Canada, for
the export of unprocessed western red
cedar covered by ECCN 1C988 (Western
red cedar (thuja plicata) logs and timber,
and rough, dressed and worked lumber
containing wane). For a non-exhaustive
list of 10-digit Harmonized Systembased Schedule B commodity numbers
that may apply to unprocessed western
red cedar products subject to the license
requirements of this section, see
Supplement No. 2 to part 754 of the
EAR. See paragraph (c) of this section
for license exceptions for timber
harvested from public lands in the State
of Alaska, private lands, or Indian lands,
and see paragraph (d) of this section for
relevant definitions.
*
*
*
*
*
6. Revise Supplement No. 1 to Part
754 to read as set forth below:
■
Schedule B No.
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SUPPLEMENT NO. 1 TO PART 754—
CRUDE PETROLEUM AND
PETROLEUM PRODUCTS
This Supplement provides relevant
Schedule B numbers and a commodity
description of the items controlled by
ECCNs 1C980, 1C981, 1C982, 1C983,
and 1C984. The 10-digit Harmonized
System-based Schedule B commodity
numbers and descriptions below are
drawn from Chapter 27 of the Schedule
B 2014 found at and the AES 2014
Export Concordance (December 30,
2013) https://www.census.gov/foreigntrade/aes/documentlibrary/expaes.txt. If
there are any discrepancies between the
information in this supplement and the
information in the most current
Schedule B, use the most current
Schedule B commodity number on your
Electronic Export Information filing on
the Automated Export System.
Commodity description
CRUDE OIL
2709001000 .................
2709002010 .................
2709002090 .................
2714100000 .................
Petroleum oils and oils obtained from bituminous minerals, crude.
Petroleum oils and oils obtained from bituminous minerals, testing 25 degrees API or more, condensate derived wholly
from natural gas, crude.
Petroleum oils and oils obtained from bituminous minerals, testing 25 degrees API or more, crude, NESOI.
Bituminous or oil shale and tar sands.
PETROLEUM PRODUCTS
2707999010
2710121510
2710121514
2710121519
2710121520
2710121550
2710121805
2710121890
2710122500
2710124500
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
2710129000 .................
2710190605 .................
2710190615 .................
2710190620
2710190650
2710191106
2710191109
2710191112
.................
.................
.................
.................
.................
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2710191115 .................
2710191125 .................
2710191150 .................
2710191600
2710192400
2710192500
2710192600
2710193010
2710193020
2710193030
2710193040
2710193050
2710193070
2710193080
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.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
Carbon black feedstock.
Leaded gasoline.
Unleaded gasoline, reformulated.
Unleaded gasoline, NESOI.
Jet fuel, naphtha-type.
Motor fuels, NESOI.
Motor fuel blending stock, Reformulated Blendstock for Oxygenate Blending (RBOB).
Motor fuel blending stock, except Reformulated Blendstock for Oxygenate Blending (RBOB).
Naphthas, except motor fuel or motor fuel blending stock.
Light oil and preparation, mixtures of hydrocarbons containing by weight not over 50 percent of any single hydrocarbon compound, NESOI.
Light oils and preparations obtained from bituminous minerals containing by weight 70 percent or more of petroleum
oils, NESOI.
No. 4-type fuel oils, API lt 25 degrees, having a saybolt universal viscosity at 37.8 degrees C of 45–125 seconds, with
not over 500 ppm of sulfur.
No. 4-type fuel oils under 25 degrees API having a saybolt universal viscosity at 37.8 degrees C of 45–125 seconds,
having over 500 ppm sulfur.
Heavy fuel oils under 25 degrees API having saybolt universal viscosity at 37.8 degrees C of more than 125 seconds.
Distillate and residual fuel oils (including blended fuel oils), testing under 25 degrees API, NESOI.
Light fuel oils testing 25 degrees API or more, containing not more than 15 ppm of sulfur.
Light fuel oils testing 25 degrees API or more, containing more than 15 ppm but not more than 500 ppm of sulfur.
Light fuel oils 25 degrees API or more having a saybolt universal viscosity at 37.8 degrees C of less than 45 seconds,
containing over 500 ppm sulfur.
No. 4-type fuel oils containing not more than 500 ppm of sulfur.
No. 4-type fuel oils containing more than 500 ppm of sulfur.
Heavy fuel oils 25 degrees API or more with a saybolt universal viscosity at 37.8 degrees C of more than 125 seconds.
Kerosene-type jet fuel, NESOI.
Kerosene motor fuel.
Kerosene motor fuel blending stock.
Kerosene, except motor fuel or motor fuel blending stock, NESOI.
Aviation engine lubricating oils (except jet engine lubricating oils).
Automotive, diesel or marine engine (except turbine) lubricating oils.
Turbine lubricating oil, including marine.
Automotive gear oils.
Steam cylinder oils.
Quenching or cutting oils.
Lubricating oils with or without additives, NESOI.
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Federal Register / Vol. 79, No. 116 / Tuesday, June 17, 2014 / Rules and Regulations
Schedule B No.
2710193750
2710194530
2710194540
2710194545
2710194590
2710199000
.................
.................
.................
.................
.................
.................
2710200000 .................
2710910000 .................
2710990000
2711110000
2711120000
2711130000
2711140000
2711190000
2712200000
2712900000
.................
.................
.................
.................
.................
.................
.................
.................
2713110000
2713120000
2713200000
2713900000
2714900000
2715000000
2804100000
2804290010
2811210000
2811299000
2814100000
2814200000
3819000000
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
Commodity description
Lubricating greases with or w/out additives.
White mineral oils, medicinal grade.
White mineral oils, except medicinal grade.
Insulating or transformer oils, NESOI.
Mixtures of hydrocarbons NESOI, containing by weight not over 50 percent of any single hydrocarbon compound.
Petroleum oils or oils obtained from bituminous minerals, other than crude, containing by weight 70% or more of petroleum oils, NESOI.
Petroleum oils or oils obtained from bituminous minerals, other than crude, containing by weight 70% or more of petroleum oils, containing biodiesel.
Waste oils containing Polychlorinated Biphenyls (PCBs), Polychlorinated Terphenyls (PCTs), or Polybrominated
Biphenyls (PBBs).
Waste oils, not elsewhere specified or included.
Natural gas, liquefied.
Propane, liquefied.
Butanes, liquefied.
Ethylene, propylene, butylene and butadiene liquefied.
Petroleum gases and other gaseous hydrocarbons, liquefied, NESOI.
Paraffin wax containing less than 0.75 percent oil.
Microcrystalline petroleum wax, slack wax, ozokerite, lignite wax, peat wax, other mineral waxes, and similar products,
NESOI.
Petroleum coke, not calcined.
Petroleum coke, calcined.
Petroleum bitumen.
Residues of petroleum oils or of oils obtained from bituminous materials, NESOI.
Bitumen and asphalt, natural; asphaltites and asphaltic rocks.
Bituminous mixtures based on natural asphalt, natural bitumen, petroleum bitumen, mineral tar or mineral tar pitch.
Hydrogen.
Helium.
Carbon dioxide.
Carbon monoxide.
Anhydrous ammonia.
Ammonia in aqueous solution.
Hydraulic brake fluids and other prepared liquids for hydraulic
transmission, not containing or containing less than 70 percent by
weight of petroleum oils or oils obtained from bituminous minerals.
7. Revise Supplement No. 2 to Part
754 to read as set forth below:
■
SUPPLEMENT NO. 2 TO PART 754—
UNPROCESSED WESTERN RED
CEDAR
This table is a non-exhaustive list of
10-digit Harmonized System-based
Schedule B commodity numbers that
may apply to unprocessed western red
cedar products subject to license
requirements of § 754.4 of this part. The
10-digit Harmonized System-based
Schedule B commodity numbers and
descriptions below are drawn from
Chapter 44 of the Schedule B 2014
found at https://www.census.gov/foreigntrade/schedules/b/2014/c44.html and
the AES 2014 Export Concordance
(December 30, 2013) https://
Schedule B commodity
No.
www.census.gov/foreign-trade/aes/
documentlibrary/expaes.txt. If there are
any discrepancies between the
information in this supplement and the
information in the most current
Schedule B, use the most current
Schedule B commodity number on your
Electronic Export Information filing in
the Automated Export System.
Description
Wood in the rough
4403100030
4403100060
4403200010
4403200055
.................
.................
.................
.................
Poles, piles and posts; ‘treated’.
Wood in the rough; ‘treated’.
Not ‘treated’; coniferous; poles, piles and posts.
Not ‘treated’; coniferous; logs and timber; Western Red Cedar (Thuja Plicata).
‘Lumber’
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4407100101
4407100102
4407100168
4407100169
.................
.................
.................
.................
Coniferous;
Coniferous;
Coniferous;
Coniferous;
finger-jointed.
except finger-jointed; ‘treated’.
except finger-jointed; not ‘treated’; Western Red Cedar (Thuja Plicata); ‘rough’.
except finger-jointed; not ‘treated’; Western Red Cedar (Thuja Plicata); not ‘rough’.
Note 1: 4403 heading in the Schedule B
2014 pertains to ‘‘wood in the rough, whether
or not stripped of bark or sapwood, or
roughly squared (not including lumber of
heading 4407).’’
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subheading 4403.10 and the 10-digit
Harmonized System code 4407.10.0102 in
Schedule B 2014 state that ‘treated’ means
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‘‘treated with paint, stain, creosote or other
preservatives.’’
Note 3: The 4407 heading in the Schedule
B 2014 refers to ‘lumber’ as ‘‘wood sawn or
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Federal Register / Vol. 79, No. 116 / Tuesday, June 17, 2014 / Rules and Regulations
chipped lengthwise, sliced or peeled, whether
or not planed, sanded or end-jointed, of a
thickness exceeding 6mm (.236 inch).’’
Note 4: Section IX—Chapter 44 of
Schedule B 2014, Statistical Note 3 states,
‘‘for the purpose of heading 4407, the term
‘‘rough’’ includes wood that has been edged,
resawn, crosscut or trimmed to smaller sizes
but it does not include wood that has been
dressed or surfaced by planing on one or
more edges or faces or has been edge-glued
or end-glued.’’
PART 774—[AMENDED]
[Docket Number USCG–2014–0138]
RIN 1625–AA08
Special Local Regulations for Marine
Events, Nanticoke River; Bivalve, MD
Coast Guard, DHS.
Temporary final rule.
9. In Supplement No. 1 to part 774
(the Commerce Control List), Category 1,
ECCN 1C988 is amended by revising the
Heading and the Related Definitions
paragraph in the List of Items Controlled
section, to read as follows:
■
SUPPLEMENT NO. 1 TO PART 774—
THE COMMERCE CONTROL LIST
*
*
*
*
*
1C988 Unprocessed western red
cedar (thuja plicata) logs and timber,
and rough, dressed and worked lumber
containing wane, as described in
§ 754.4 of the EAR.
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Definitions: For a nonexhaustive list of 10-digit Harmonized
System-based Schedule B commodity
numbers that may apply to unprocessed
Western Red Cedar products subject to
§ 754.4 and related definitions, see
Supplement No. 2 to part 754 of the
EAR.
*
*
*
*
*
Dated: June 12, 2014.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2014–14157 Filed 6–16–14; 8:45 am]
The Coast Guard is
establishing special local regulations
during the ‘‘Coastal Aquatics Swim
Team Open Water Summer Shore
Swim’’, a marine event to be held on the
waters of the Nanticoke River at Bivalve,
MD on June 29, 2014. These special
local regulations are necessary to
provide for the safety of life on
navigable waters during the event. This
action is intended to temporarily restrict
vessel traffic in a portion of the
Nanticoke River during the event.
DATES: This rule is effective from June
17, 2014 through June 29, 2014 and
enforceable from 8 a.m. to 12:30 p.m. on
June 29, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0138]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Ronald Houck, U.S. Coast
Guard Sector Baltimore, MD; telephone
410–576–2674, email Ronald.L.Houck@
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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. 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.
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 8, 2013, 78
FR 49107 (August 12, 2013).
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33 CFR Part 100
ACTION:
8. The authority citation for 15 CFR
part 774 continues to read as follows:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
BILLING CODE 3510–33–P
16:20 Jun 16, 2014
Coast Guard
AGENCY:
■
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DEPARTMENT OF HOMELAND
SECURITY
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A. Regulatory History and Information
On March 27, 2014, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Special Local Regulations for
Marine Events, Nanticoke River;
Bivalve, MD’’ in the Federal Register
(79 FR 17082). We received no
comments on the proposed rule. No
public meeting was requested, and none
was held.
The Administrative Procedure Act
(APA) (5 U.S.C. 553(d)(3)) authorizes an
agency to publish a rule less than 30
days before its effective date when the
agency for good cause finds that waiting
30 days would be ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ The Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register. As
stated above, we published the NPRM
on these special local regulations on
March 27, 2014 (79 FR 17082), and we
received no comments on the proposed
rule. Delaying this regulation’s effective
date for 30 days would be impracticable
and would be contrary to the public
interest as immediate action is needed
to ensure the safety of the event
participants, spectator craft, and other
vessels transiting the event area. A
special local regulation is in the public
interest in making this a safe event. The
Coast Guard will provide advance
notifications to users of the affected
waterways of the safety zone via marine
information broadcasts and local notice
to mariners.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
special local regulations: 33 U.S.C.
1233. The purpose of the rule is to
ensure safety of life on navigable waters
of the United States during the Coastal
Aquatics Swim Team Open Water
Summer Shore Swim event.
C. Discussion of Comments, Changes
and the Final Rule
The Coast Guard received no
comments in response to the NPRM. No
public meeting was requested and none
was held.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
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Agencies
[Federal Register Volume 79, Number 116 (Tuesday, June 17, 2014)]
[Rules and Regulations]
[Pages 34408-34413]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14157]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 742, 754 and 774
[Docket No. 140121058-4058-01]
RIN 0694-AG06
Update of Short Supply Export Controls: Unprocessed Western Red
Cedar, Crude Oil, and Petroleum Products
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS) publishes this final
rule to amend two supplements in the Export Administration Regulations
(EAR), which contain lists of controlled crude oil and petroleum
products (produced or derived from the Naval Petroleum Reserve (NPR))
and unprocessed western red cedar, respectively. These lists provide
relevant Census Bureau Schedule B commodity numbers and associated
commodity descriptions of these short supply commodities. Many of the
Schedule B commodity numbers and associated commodity descriptions
listed prior to publication of this rule in the two supplements are now
obsolete. This rule updates the lists in the two supplements to remove
obsolete descriptions and Schedule B commodity numbers, and to add
relevant descriptions and Schedule B commodity numbers for these short
supply commodities. This rule also clarifies the description of
petroleum products in other sections of the EAR to ensure those
references are current. This rule will not alter or otherwise affect
BIS's current enforcement practice with respect to the EAR's controls
on unprocessed western red cedar or crude oil and petroleum products.
DATES: Effective date is June 17, 2014.
FOR FURTHER INFORMATION CONTACT: Gerard Horner, Director, Office of
Technology Evaluation, Bureau of Industry and Security, Department of
Commerce, Phone: (202) 482-2078 or by email at
Gerard.Horner@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The ``Harmonized System Classification'' is a six-digit
standardized numerical method of classifying traded products.
Harmonized System numbers are used by customs authorities around the
world to identify products for the application of duties and taxes. The
United States has adopted the Harmonized System as the basis of both
its export classification system, referred to as Schedule B, and its
import classification system, called the Harmonized Tariff Schedule
(HTS). The first six digits of the commodity numbers for a product
listed on the HTS and the Schedule B are identical to one another with
respect to descriptions and codes.
Schedule B numbers are administered and used by the U.S. Commerce
Department, Census Bureau, Foreign Trade Division to collect and
publish U.S. export statistics. Schedule B numbers are required to be
reported in the Automated Export System (AES) for all export
transactions originating in the United States. There is a Schedule B
commodity number for every physical product, from paperclips to
airplanes, that are exported from the United States to foreign
countries. According to the introduction to the Schedule B, which
provides for definitions of commonly-used terms and a guide to
interpreting and using the Schedule B, the term ``headings'' refers to
the article descriptions appearing in Schedule B at the four-digit
level; the term ``subheading'' refers to any article description
indented thereunder. A reference to ``headings'' also encompasses the
subheadings indented thereunder. The Schedule B 2014 may be found at
https://www.census.gov/foreign-trade/schedules/b/2014/. There
is no direct correlation between Schedule B commodity numbers and the
Commerce Control List Export Control Classification Numbers (ECCNs).
The Bureau of Industry and Security (BIS) regulates the export of
unprocessed western red cedar, crude oil, and petroleum products (that
were produced or derived from the Naval Petroleum Reserves (NPR) or
became available for export as a result of an exchange of any NPR-
produced or derived commodities) under the Export Administration
Regulations' (EAR) short supply controls. A license is required for
exports of these commodities to all destinations, including Canada.
For the convenience of exporters, BIS created Supplement No. 1 and
Supplement No. 2 to part 754 in the EAR to illustrate the Schedule B
commodity numbers that could apply to crude oil, petroleum products,
and unprocessed western red cedar controlled under the EAR. The
Schedule B numbers in Supplement No. 1 to part 754 (crude oil and
petroleum products) were based on the 1994 version of the Schedule B of
commodity classifications. The Schedule B numbers in Supplement No. 2
to part 754 (unprocessed western red cedar) were based on versions of
the Schedule B from the 1980's. The current version applicable to all
of these commodities is Schedule B 2014.
This rule updates the lists in the two supplements to remove
obsolete descriptions and Schedule B commodity numbers and add relevant
descriptions and Schedule B commodity numbers for these short supply
commodities. This rule also clarifies the description of petroleum
products in other sections of the EAR to ensure those references are
current.
Supplement No. 1 to Part 754--Petroleum and Petroleum Products
Supplement No. 1 to part 754 of the EAR contains a total of 43
Schedule B numbers, two for crude oil and 41 for petroleum products.
Significant modifications to Schedule B numbers have taken place over
the years. After twenty years, all Schedule B numbers, except one
(2804.29.0010 for ``Helium'') are now either obsolete or have undergone
modifications to the commodity descriptions in the Schedule
[[Page 34409]]
B. Specifically, the two numbers for crude oil and 22 numbers for
petroleum products are obsolete, and the modifications have been made
to the commodity descriptions in 18 numbers for petroleum products.
This rule updates the Schedule B numbers and commodity descriptions in
Supplement No. 1 of Part 754. The descriptions are derived from the
2014 Schedule B and the AES 2014 Export Concordance (December 30, 2013)
(``AES 2014 Export Concordance''), https://www.census.gov/foreign-trade/aes/documentlibrary/expaes.txt. The AES 2014 Export Concordance
includes Schedule B numbers and commodity descriptions that reflect
consolidations of descriptions that appear at the subheading level in
the 2014 Schedule B. The footnote that provided a source for the table
has been removed, and the information that was in the footnote has been
incorporated into introductory text to the Supplement.
Included in the introduction chapter to the 2014 Schedule B are
rules of interpretation, which provide information on how to read and
interpret the Schedule B list. Also, there are Notes at the beginning
of Chapter 27 of the 2014 Schedule B that pertain specifically to
products in this chapter. For example, Note 6 under the Statistical
Notes states, ``In determining the relative weights of components of
the mixtures provided for in subheading 2710.11.45 and 2710.19.45,
naphtha and other petroleum derivatives which may be present in such
mixtures as solvents shall be disregarded.'' Therefore, it is important
to read the rules of interpretation and all the notes at the beginning
of chapter 27 that pertain to your products in order to properly
classify your product.
Supplement No. 2 to Part 754--Unprocessed Western Red Cedar
Supplement No. 2 contains three Schedule B numbers, 200.3516,
200.2820, and 202.2840, for unprocessed western red cedar. As a result
of significant modifications to Schedule B numbers that have taken
place over the years, these three numbers are now obsolete.
Additionally, the current commodity descriptions are incomplete as they
only include western red cedar logs and timber, lumber (rough and
containing wane), and lumber (dressed or worked, containing wane). This
rule updates the three Schedule B numbers and commodity descriptions in
Supplement No. 2 of Part 754. To determine if your Western Red Cedar
(WRC) product requires a license, see Sec. 754.4 of the EAR.
This rule replaces the three obsolete Schedule B numbers of
unprocessed western red cedar, and adds five new numbers, for a total
of eight Schedule B numbers drawn from the Schedule B 2014. The eight
numbers are divided into two groups: wood in the rough and lumber. The
accompanying commodity descriptions may have terms with single quotes,
which indicate that a definition may be found in the notes below the
table. The descriptions in this supplement were derived from the 2014
Schedule B and the AES 2014 Export Concordance. This rule also adds
definitions for three terms, `treated,' `lumber,' and `rough,' that
appear in commodity description listings in the Schedule B 2014, as
Notes to Supplement No. 2. Including these definitions will help
exporters better understand the commodity descriptions in the
supplement.
If there are any discrepancies between the information in
Supplement No. 2 and the information in the most current Schedule B,
which is updated on an annual basis, you should use the most current
Schedule B number in your Electronic Export Information filing in the
Bureau of the Census's Automated Export System.
This rule also makes an administrative change to remove the Unit
column in the table for Unprocessed Western Red Cedar in Supplement No.
2 to part 754 as ``Unit'' was removed from the Commerce Control List on
January 6, 2014 (78 FR 61874).
Section 742.1(b)(1) CCL Based Controls; Reasons for Control Listed on
the CCL not Covered by This Part; Short Supply
This rule amends Sec. 742.1(b)(1) by adding the word ``certain''
to the description of ECCN 1C983, because only natural gas liquids and
other natural gas derivatives that were produced or derived from the
Naval Petroleum Reserves (NPR) or became available for export as a
result of an exchange of any NPR produced or derived commodities are
controlled by the short supply reason for control in part 754 of the
EAR. This rule also adds the word ``unprocessed'' to the description of
ECCN 1C988, because only unprocessed western red cedar is controlled by
the short supply reason for control in part 754 of the EAR.
Section 754.1 Introduction
This rule amends Sec. 754.1 by revising subpart (b)(1)(iii) to
remove the language ``listed in Supplement No. 2 to this part.'' This
revision, which is also reflected in Sec. 754.4, delinks the license
requirement from the listings in Supplement No. 2 to part 754. This
revision clarifies that exporters must consult Sec. 754.4, not
Supplement No. 2 to part 754, to determine the license requirements for
unprocessed western red cedar products controlled under ECCN 1C988.
Section 754.4 contains definitions of ``unprocessed'' western red cedar
and other key terms that are relevant to the scope of the license
requirements. The revision is consistent with the understanding that
the Supplement No. 2 Schedule B listings are not exhaustive. The
listings (and the Schedule B more generally) do not capture the full
range of products that may meet the definition of ``unprocessed western
red cedar'' for purposes of Sec. 754.4 of the EAR.
Section 754.4 Unprocessed Western Red Cedar
This rule amends Sec. 754.4 by revising the introductory text to
paragraph (a). The introductory text to paragraph (a) is amended to
remove the language ``listed in Supplement No. 2 to this part,''
consistent with the revision made to Sec. 754.1. A new sentence is
added to reference and explain the revised listings in Supplement No.
2. An editorial change is also made to put in lower case the words
``license exception'' in the last sentence of the introductory text to
paragraph (a).
Supplement No. 1 to Part 774--Commerce Control List
This rule amends the heading of ECCN 1C988 by adding the word
``unprocessed'' to be more precise about the control. The reference to
Supplement No. 2 to part 754 of the EAR is replaced by a reference to
Sec. 754.4 of the EAR, thereby clarifying that exporters should
consult Sec. 754.4 to determine the licensing requirements that apply
to unprocessed western red cedar. The license requirement of ECCN 1C988
is based on the definitions and other information in Sec. 754.4 of the
EAR. The Related Definitions paragraph in the List of Items Controlled
section of ECCN 1C988 is amended to add a reference to and description
of Supplement No. 2 to part 754.
These clarifying changes do not alter or otherwise affect BIS's
current practice with respect to the enforcement of the EAR's controls
on unprocessed western red cedar.
Export Administration Act
Since August 21, 2001, the Export Administration Act of 1979, as
amended, has been in lapse. However, the President, through Executive
Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as
amended by
[[Page 34410]]
Executive Order 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013),
and as extended by the Notice of August 8, 2013, 78 FR 49107 (August
12, 2013) has continued the EAR in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). 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 as amended by Executive Order 13637.
Rulemaking Requirements
1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, 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 not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor is subject to a penalty for failure to
comply with, a collection of information, subject to the requirements
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by the OMB under the following control
numbers: 0694-0088 (Simplified Network Application Processing and
Multipurpose Application Form).
This final rule would not increase public burden in a collection of
information approved by OMB under control number 0694-0088, which
authorizes, among other things, export license applications, because it
is simply updating the Schedule B numbers and commodity descriptions
for certain commodities in Supplement No. 1 of part 754 and making
certain limited corrections to Sec. Sec. 742.1, 754.1 and 754.4.
3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
4. The Department finds that there is good cause under 5 U.S.C.
553(b)(B) to waive the provisions of the Administrative Procedure Act
requiring prior notice and the opportunity for public comment because
they are unnecessary. The revisions made by this rule are
administrative, not substantive, in nature and merely update the EAR to
reflect changes to regulations referenced therein so that those
references are harmonized with revisions that have been made to the
Census Bureau's Schedule B 2014 publication, e.g., updating commodity
descriptions, removing obsolete Schedule B Numbers, and adding new
Schedule B numbers. The rule does 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 citations and definitions set forth in
the EAR so that those references are harmonized with revisions that
have been made to the Bureau of the Census' Schedule B 2014
publication, e.g., updating commodity descriptions, removing obsolete
Schedule B Numbers, and adding new Schedule B numbers. The revisions
are necessary to facilitate public understanding of the EAR's short
supply controls on unprocessed western red cedar, crude oil, and
petroleum products. Accordingly, no benefit would be gained by delaying
this rule's effectiveness for 30 days.
Because notice and opportunity for comment are not required
pursuant to 5 U.S.C. 553 or any other law, the analytical requirements
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are
inapplicable. Therefore, a regulatory flexibility analysis is not
required and has not been prepared.
List of Subjects
15 CFR Part 742
Exports, Terrorism.
15 CFR Part 754
Agricultural commodities, Exports, Forests and forest products,
Horses, Petroleum, Reporting and recordkeeping requirements.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
Accordingly, Parts 742, 754 and 774 of the Export Administration
Regulations (15 CFR parts 730-774) are amended as follows:
PART 742--[AMENDED]
0
1. The authority citation for 15 CFR part 742 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. 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 8, 2013, 78 FR 49107 (August 12, 2013); Notice of
November 7, 2013, 78 FR 67289 (November 12, 2013).
0
2. Section 742.1 is amended by revising paragraph (b)(1) to read as
follows:
Sec. 742.1 Introduction.
* * * * *
(b) * * *
(1) Short Supply. ECCNs containing items subject to short supply
controls (``SS'') refer the exporter to part 754 of the EAR. These
ECCNs are: 0A980 (Horses for export by sea); 1C980 (certain inorganic
chemicals); 1C981 (Crude petroleum, including reconstituted crude
petroleum, tar sands, and crude shale oil); 1C982 (certain other
petroleum products); 1C983 (certain natural gas liquids and other
natural gas derivatives); 1C984 (certain manufactured gas and synthetic
natural gas (except when commingled with natural gas and thus subject
to export authorization from the Department of Energy); and 1C988
(Unprocessed western red cedar (thuja plicata) logs and timber, and
rough, dressed and worked lumber containing wane).
* * * * *
PART 754--[AMENDED]
0
3. The authority citation for 15 CFR 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 8, 2013, 78 FR 49107 (August
12, 2013).
0
4. Section 754.1 is amended by revising paragraph (b)(1)(iii) to read
as follows:
Sec. 754.1 Introduction.
* * * * *
(b) * * *
(1) * * *
[[Page 34411]]
(iii) Unprocessed western red cedar described by ECCN 1C988
(Western red cedar (thuja plicata) logs and timber, and rough, dressed
and worked lumber containing wane). For specific licensing requirements
for these items, see Sec. 754.4 of this part.
* * * * *
0
5. Section 754.4 is amended by revising the introductory text to
paragraph (a), to read as follows:
Sec. 754.4 Unprocessed western red cedar.
(a) License requirement. As indicated by the letters ``SS'' in the
``Reason for Control'' paragraph in the ``License Requirements''
section of ECCN 1C988 on the CCL (Supplement No. 1 to part 774 of the
EAR), a license is required to all destinations, including Canada, for
the export of unprocessed western red cedar covered by ECCN 1C988
(Western red cedar (thuja plicata) logs and timber, and rough, dressed
and worked lumber containing wane). For a non-exhaustive list of 10-
digit Harmonized System-based Schedule B commodity numbers that may
apply to unprocessed western red cedar products subject to the license
requirements of this section, see Supplement No. 2 to part 754 of the
EAR. See paragraph (c) of this section for license exceptions for
timber harvested from public lands in the State of Alaska, private
lands, or Indian lands, and see paragraph (d) of this section for
relevant definitions.
* * * * *
0
6. Revise Supplement No. 1 to Part 754 to read as set forth below:
SUPPLEMENT NO. 1 TO PART 754--CRUDE PETROLEUM AND PETROLEUM PRODUCTS
This Supplement provides relevant Schedule B numbers and a
commodity description of the items controlled by ECCNs 1C980, 1C981,
1C982, 1C983, and 1C984. The 10-digit Harmonized System-based Schedule
B commodity numbers and descriptions below are drawn from Chapter 27 of
the Schedule B 2014 found at and the AES 2014 Export Concordance
(December 30, 2013) https://www.census.gov/foreign-trade/aes/documentlibrary/expaes.txt. If there are any discrepancies between the
information in this supplement and the information in the most current
Schedule B, use the most current Schedule B commodity number on your
Electronic Export Information filing on the Automated Export System.
------------------------------------------------------------------------
Schedule B No. Commodity description
------------------------------------------------------------------------
CRUDE OIL
------------------------------------------------------------------------
2709001000........................ Petroleum oils and oils obtained
from bituminous minerals, crude.
2709002010........................ Petroleum oils and oils obtained
from bituminous minerals, testing
25 degrees API or more, condensate
derived wholly from natural gas,
crude.
2709002090........................ Petroleum oils and oils obtained
from bituminous minerals, testing
25 degrees API or more, crude,
NESOI.
2714100000........................ Bituminous or oil shale and tar
sands.
------------------------------------------------------------------------
PETROLEUM PRODUCTS
------------------------------------------------------------------------
2707999010........................ Carbon black feedstock.
2710121510........................ Leaded gasoline.
2710121514........................ Unleaded gasoline, reformulated.
2710121519........................ Unleaded gasoline, NESOI.
2710121520........................ Jet fuel, naphtha-type.
2710121550........................ Motor fuels, NESOI.
2710121805........................ Motor fuel blending stock,
Reformulated Blendstock for
Oxygenate Blending (RBOB).
2710121890........................ Motor fuel blending stock, except
Reformulated Blendstock for
Oxygenate Blending (RBOB).
2710122500........................ Naphthas, except motor fuel or motor
fuel blending stock.
2710124500........................ Light oil and preparation, mixtures
of hydrocarbons containing by
weight not over 50 percent of any
single hydrocarbon compound, NESOI.
2710129000........................ Light oils and preparations obtained
from bituminous minerals containing
by weight 70 percent or more of
petroleum oils, NESOI.
2710190605........................ No. 4-type fuel oils, API lt 25
degrees, having a saybolt universal
viscosity at 37.8 degrees C of 45-
125 seconds, with not over 500 ppm
of sulfur.
2710190615........................ No. 4-type fuel oils under 25
degrees API having a saybolt
universal viscosity at 37.8 degrees
C of 45-125 seconds, having over
500 ppm sulfur.
2710190620........................ Heavy fuel oils under 25 degrees API
having saybolt universal viscosity
at 37.8 degrees C of more than 125
seconds.
2710190650........................ Distillate and residual fuel oils
(including blended fuel oils),
testing under 25 degrees API,
NESOI.
2710191106........................ Light fuel oils testing 25 degrees
API or more, containing not more
than 15 ppm of sulfur.
2710191109........................ Light fuel oils testing 25 degrees
API or more, containing more than
15 ppm but not more than 500 ppm of
sulfur.
2710191112........................ Light fuel oils 25 degrees API or
more having a saybolt universal
viscosity at 37.8 degrees C of less
than 45 seconds, containing over
500 ppm sulfur.
2710191115........................ No. 4-type fuel oils containing not
more than 500 ppm of sulfur.
2710191125........................ No. 4-type fuel oils containing more
than 500 ppm of sulfur.
2710191150........................ Heavy fuel oils 25 degrees API or
more with a saybolt universal
viscosity at 37.8 degrees C of more
than 125 seconds.
2710191600........................ Kerosene-type jet fuel, NESOI.
2710192400........................ Kerosene motor fuel.
2710192500........................ Kerosene motor fuel blending stock.
2710192600........................ Kerosene, except motor fuel or motor
fuel blending stock, NESOI.
2710193010........................ Aviation engine lubricating oils
(except jet engine lubricating
oils).
2710193020........................ Automotive, diesel or marine engine
(except turbine) lubricating oils.
2710193030........................ Turbine lubricating oil, including
marine.
2710193040........................ Automotive gear oils.
2710193050........................ Steam cylinder oils.
2710193070........................ Quenching or cutting oils.
2710193080........................ Lubricating oils with or without
additives, NESOI.
[[Page 34412]]
2710193750........................ Lubricating greases with or w/out
additives.
2710194530........................ White mineral oils, medicinal grade.
2710194540........................ White mineral oils, except medicinal
grade.
2710194545........................ Insulating or transformer oils,
NESOI.
2710194590........................ Mixtures of hydrocarbons NESOI,
containing by weight not over 50
percent of any single hydrocarbon
compound.
2710199000........................ Petroleum oils or oils obtained from
bituminous minerals, other than
crude, containing by weight 70% or
more of petroleum oils, NESOI.
2710200000........................ Petroleum oils or oils obtained from
bituminous minerals, other than
crude, containing by weight 70% or
more of petroleum oils, containing
biodiesel.
2710910000........................ Waste oils containing
Polychlorinated Biphenyls (PCBs),
Polychlorinated Terphenyls (PCTs),
or Polybrominated Biphenyls (PBBs).
2710990000........................ Waste oils, not elsewhere specified
or included.
2711110000........................ Natural gas, liquefied.
2711120000........................ Propane, liquefied.
2711130000........................ Butanes, liquefied.
2711140000........................ Ethylene, propylene, butylene and
butadiene liquefied.
2711190000........................ Petroleum gases and other gaseous
hydrocarbons, liquefied, NESOI.
2712200000........................ Paraffin wax containing less than
0.75 percent oil.
2712900000........................ Microcrystalline petroleum wax,
slack wax, ozokerite, lignite wax,
peat wax, other mineral waxes, and
similar products, NESOI.
2713110000........................ Petroleum coke, not calcined.
2713120000........................ Petroleum coke, calcined.
2713200000........................ Petroleum bitumen.
2713900000........................ Residues of petroleum oils or of
oils obtained from bituminous
materials, NESOI.
2714900000........................ Bitumen and asphalt, natural;
asphaltites and asphaltic rocks.
2715000000........................ Bituminous mixtures based on natural
asphalt, natural bitumen, petroleum
bitumen, mineral tar or mineral tar
pitch.
2804100000........................ Hydrogen.
2804290010........................ Helium.
2811210000........................ Carbon dioxide.
2811299000........................ Carbon monoxide.
2814100000........................ Anhydrous ammonia.
2814200000........................ Ammonia in aqueous solution.
3819000000........................ Hydraulic brake fluids and other
prepared liquids for hydraulic
transmission, not containing or
containing less than 70 percent by
weight of petroleum oils or oils
obtained from bituminous minerals.
------------------------------------------------------------------------
0
7. Revise Supplement No. 2 to Part 754 to read as set forth below:
SUPPLEMENT NO. 2 TO PART 754--UNPROCESSED WESTERN RED CEDAR
This table is a non-exhaustive list of 10-digit Harmonized System-
based Schedule B commodity numbers that may apply to unprocessed
western red cedar products subject to license requirements of Sec.
754.4 of this part. The 10-digit Harmonized System-based Schedule B
commodity numbers and descriptions below are drawn from Chapter 44 of
the Schedule B 2014 found at https://www.census.gov/foreign-trade/schedules/b/2014/c44.html and the AES 2014 Export Concordance (December
30, 2013) https://www.census.gov/foreign-trade/aes/documentlibrary/expaes.txt. If there are any discrepancies between the information in
this supplement and the information in the most current Schedule B, use
the most current Schedule B commodity number on your Electronic Export
Information filing in the Automated Export System.
------------------------------------------------------------------------
Schedule B commodity No. Description
------------------------------------------------------------------------
Wood in the rough
------------------------------------------------------------------------
4403100030........................ Poles, piles and posts; `treated'.
4403100060........................ Wood in the rough; `treated'.
4403200010........................ Not `treated'; coniferous; poles,
piles and posts.
4403200055........................ Not `treated'; coniferous; logs and
timber; Western Red Cedar (Thuja
Plicata).
------------------------------------------------------------------------
`Lumber'
------------------------------------------------------------------------
4407100101........................ Coniferous; finger-jointed.
4407100102........................ Coniferous; except finger-jointed;
`treated'.
4407100168........................ Coniferous; except finger-jointed;
not `treated'; Western Red Cedar
(Thuja Plicata); `rough'.
4407100169........................ Coniferous; except finger-jointed;
not `treated'; Western Red Cedar
(Thuja Plicata); not `rough'.
------------------------------------------------------------------------
Note 1: 4403 heading in the Schedule B 2014 pertains to ``wood
in the rough, whether or not stripped of bark or sapwood, or roughly
squared (not including lumber of heading 4407).''
Note 2: The 6-digit Harmonized System subheading 4403.10 and the
10-digit Harmonized System code 4407.10.0102 in Schedule B 2014
state that `treated' means ``treated with paint, stain, creosote or
other preservatives.''
Note 3: The 4407 heading in the Schedule B 2014 refers to
`lumber' as ``wood sawn or
[[Page 34413]]
chipped lengthwise, sliced or peeled, whether or not planed, sanded
or end[hyphen]jointed, of a thickness exceeding 6mm (.236 inch).''
Note 4: Section IX--Chapter 44 of Schedule B 2014, Statistical
Note 3 states, ``for the purpose of heading 4407, the term ``rough''
includes wood that has been edged, resawn, crosscut or trimmed to
smaller sizes but it does not include wood that has been dressed or
surfaced by planing on one or more edges or faces or has been edge-
glued or end-glued.''
PART 774--[AMENDED]
0
8. The authority citation for 15 CFR part 774 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); 22 U.S.C. 287c, 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. 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 8, 2013, 78 FR 49107 (August 12, 2013).
0
9. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1, ECCN 1C988 is amended by revising the Heading and the
Related Definitions paragraph in the List of Items Controlled section,
to read as follows:
SUPPLEMENT NO. 1 TO PART 774--THE COMMERCE CONTROL LIST
* * * * *
1C988 Unprocessed western red cedar (thuja plicata) logs and
timber, and rough, dressed and worked lumber containing wane, as
described in Sec. 754.4 of the EAR.
* * * * *
List of Items Controlled
* * * * *
Related Definitions: For a non-exhaustive list of 10-digit
Harmonized System-based Schedule B commodity numbers that may apply to
unprocessed Western Red Cedar products subject to Sec. 754.4 and
related definitions, see Supplement No. 2 to part 754 of the EAR.
* * * * *
Dated: June 12, 2014.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2014-14157 Filed 6-16-14; 8:45 am]
BILLING CODE 3510-33-P