Removal of Short Supply License Requirements on Exports of Crude Oil, 29483-29487 [2016-11047]
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Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Rules and Regulations
(v) Implement conservation practices
consistent with an approved forest
management plan when the EQIP plan
of operations includes forest-related
practices that address resource concerns
on NIPF,
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■ 6. Amend § 1466.25 by revising
paragraphs (b) through (d),
redesignating paragraph (e) as paragraph
(f), and adding a new paragraph (e) to
read as follows:
§ 1466.25 Contract modifications and
transfers of land.
jstallworth on DSK7TPTVN1PROD with RULES
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(b) Within the time specified in the
contract, the participant must provide
NRCS with written notice regarding any
voluntary or involuntary loss of control
of any acreage under the EQIP contract,
which includes changes in a
participant’s ownership structure or
corporate form. Failure to provide
timely notice will result in termination
of the entire contract.
(c) Unless NRCS approves a transfer
of contract rights under this paragraph
(c), a participant losing control of any
acreage will constitute a violation of the
EQIP contract and NRCS will terminate
the contract and require a participant to
refund all or a portion of any financial
assistance provided. NRCS may approve
a transfer of the contract if:
(1) NRCS receives written notice that
identifies the new producer who will
take control of the acreage, as required
in paragraph (d) of this section;
(2) The new producer meets program
eligibility requirements within a
reasonable time frame, as specified in
the EQIP contract;
(3) The new producer agrees to
assume the rights and responsibilities
for the acreage under the contract; and
(4) NRCS determines that the
purposes of the program will continue
to be met despite the original
participant’s losing control of all or a
portion of the land under contract.
(d) Until NRCS approves the transfer
of contract rights, the new producer is
not a participant in the program and
may not receive payment for
conservation activities commenced
prior to approval of the contract
transfer.
(e) NRCS may not approve a contract
transfer and may terminate the contract
in its entirety if NRCS determines that
the loss of control is voluntary, the new
producer is not eligible or willing to
assume responsibilities under the
contract, or the purposes of the program
cannot be met.
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Signed this 26th day of April, 2016, in
Washington, DC.
Jason A. Weller,
Vice President, Commodity Credit
Corporation, and Chief, Natural Resources
Conservation Service.
[FR Doc. 2016–10161 Filed 5–11–16; 8:45 am]
BILLING CODE 3410–16–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 730, 740, 742, 744, 746,
754, 762, 772, and 774
[Docket No. 160302175– 6175– 01]
RIN 0694–AG83
Removal of Short Supply License
Requirements on Exports of Crude Oil
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
The Bureau of Industry and
Security (BIS) publishes this final rule
to amend the Export Administration
Regulations (EAR) to remove the short
supply license requirements that, prior
to the entry into force of the
‘‘Consolidated Appropriations Act,
2016’’ on December 18, 2015, applied to
exports of crude oil from the United
States. Specifically, this rule removes
the Commerce Control List (CCL) entry
and the corresponding short supply
provisions in the EAR that required a
license from BIS to export crude oil
from the United States. This rule also
amends certain other EAR provisions to
reflect the removal of these short supply
license requirements. The changes made
by this rule are intended to bring the
provisions of the EAR into full
compliance with the act, which
mandates that, apart from certain
exemptions specified therein, ‘‘no
official of the Federal Government shall
impose or enforce any restriction on the
export of crude oil.’’ Consistent with the
exceptions in the act, exports of crude
oil continue to require authorization
from BIS to embargoed or sanctioned
countries or persons and to persons
subject to a denial of export privileges.
DATES: This rule is effective May 12,
2016.
ADDRESSES: Send comments regarding
this collection of information, including
suggestions for reducing the burden, to
Jasmeet Seehra, Office of Management
and Budget (OMB), by email to Jasmeet_
K._Seehra@omb.eop.gov, or by fax to
(202) 395–7285; and to the Regulatory
Policy Division, Bureau of Industry and
Security, Department of Commerce,
SUMMARY:
PO 00000
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29483
14th Street & Pennsylvania Avenue
NW., Room 2705, Washington, DC
20230.
FOR FURTHER INFORMATION CONTACT:
Eileen Albanese, Director, Office of
National Security and Technology
Transfer Controls, Bureau of Industry
and Security, Telephone: (202) 482–
0092, Email: eileen.albanese@
bis.doc.gov.
SUPPLEMENTARY INFORMATION: The
Bureau of Industry and Security (BIS) is
amending the Export Administration
Regulations (EAR) to comply with the
requirements of Division O, Title 1,
Section 101 of Public Law 114–113 (the
Consolidated Appropriations Act, 2016)
concerning exports of crude oil from the
United States. These provisions repeal
Section 103 of the Energy Policy and
Conservation Act (formerly, 42 U.S.C.
6212), which required that the President
promulgate a rule prohibiting the export
of crude oil, and mandate, instead, that
‘‘notwithstanding any other provision of
law, except as provided in subsections
(c) and (d) . . . no official of the Federal
Government shall impose or enforce any
restriction on the export of crude oil.’’
Consistent with this requirement, this
final rule amends part 754 of the EAR
by removing and reserving § 754.2,
which described the short supply
license requirements and licensing
policies that applied to exports of crude
oil from the United States to all
destinations. This rule also amends the
Commerce Control List (CCL) in
Supplement No. 1 to part 774 of the
EAR by removing Export Control
Classification Number (ECCN) 1C981,
which controlled crude petroleum,
including reconstituted crude
petroleum, tar sands and crude shale oil
listed in Supplement No. 1 to part 754
of the EAR (Crude Petroleum and
Petroleum Products). In addition, this
rule moves the definition of ‘‘crude oil,’’
which previously appeared in § 754.2(a)
of the EAR, to § 772.1 (Definitions of
terms as used in the Export
Administration Regulations (EAR)),
because it continues to have relevance
with respect to the end-user/end-use
requirements in part 744 of the EAR and
the embargoes and other special
controls in part 746 of the EAR. The
scope of this definition remains
unchanged.
The effect of the changes described
above is to remove the short supply
license requirements previously
applicable to crude oil, as controlled
under ECCN 1C981, thereby making
crude oil an EAR99 item (i.e., subject to
the EAR, as described in § 734.3(a), but
no longer listed on the CCL). As such,
crude oil exports will now be treated
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Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Rules and Regulations
similarly to exports of petroleum
products listed in Supplement No. 1 to
part 754 that have not been produced or
derived from the Naval Petroleum
Reserves (NPR) or become available for
export as a result of an exchange of any
NPR produced or derived commodities
(such petroleum products are not
controlled under ECCN 1C980, 1C982,
1C983, or 1C984 on the CCL, but are
designated as EAR99 items, instead). As
an EAR99 item, crude oil remains
subject to the EAR, as described in
§ 734.3(a) of the EAR, and exports of
crude oil continue to require
authorization from BIS to embargoed or
sanctioned countries or persons and to
persons subject to a denial of export
privileges, as described in parts 744,
746, and 764 of the EAR. The
continuance of these EAR controls is
consistent with the exemptions stated in
Division O, Title 1, Section 101,
subsections (c) and (d) of Public Law
114–113.
This final rule also amends certain
other provisions in the EAR to reflect
the removal of the short supply license
requirements on crude oil. Specifically,
this rule makes additional amendments
to part 754 by removing and reserving
paragraph (b)(1)(i) in § 754.1 and by
removing and reserving Supplement No.
3 to part 754 (Statutory Provisions
Dealing with Exports of Crude Oil). This
rule also removes references to § 754.2
from Supplement No. 1 to part 730 and
§ 762.2(b)(39). In addition, this rule
amends § 740.15 (License Exception
AVS) by removing the parenthetical
reference to § 754.2 from § 740.15(b)(3)
and by removing the Note to paragraph
(c)(3), which also referenced § 754.2.
This rule also removes references to
ECCN 1C981 from § 742.1(b)(1) and
§ 746.7(a)(1) of the EAR. In § 744.7
(Restrictions on Certain Exports to and
for the use of Certain Foreign Vessels or
Aircraft), paragraphs (b)(3)(i) and (ii) are
revised to remove the exclusions that
previously applied to crude oil and
blends of crude oil with other petroleum
products, because such items were
subject to the short supply controls
described in § 754.2 of the EAR.
Finally, this rule removes authority
citations for statutory provisions dealing
with restrictions on the exports of crude
oil, which no longer provide BIS with
enforcement authority, based on
Division O, Title 1, Section 101,
subsection (b) of Public Law 114–113,
which prohibits officials of the Federal
Government from imposing or enforcing
any restriction on the export of crude oil
‘‘notwithstanding any other provision of
law.’’ Specifically, this rule removes the
authority citations to 30 U.S.C. 185(s),
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30 U.S.C. 185(u), and 43 U.S.C. 1354
from parts 730, 754, and 774 of the EAR.
Although the Export Administration
Act expired on August 20, 2001, the
President, through Executive Order
13222 of August 17, 2001, 3 CFR, 2001
Comp., p. 783 (2002), as amended by
Executive Order 13637 of March 8,
2013, 78 FR 16129 (March 13, 2013),
and as extended by the Notice of August
7, 2015 (80 FR 48233 (Aug. 11, 2015)),
has continued the Export
Administration Regulations 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 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.
2. Notwithstanding any other
provision of law, no person is required
to respond to, nor shall any person 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
Office of Management and Budget
(OMB) Control Number. This rule
contains a collection of information
subject to the requirements of the PRA.
This collection has been approved by
OMB under Control Number 0694–0088
(Multi-Purpose Application), which
carries a burden hour estimate of 58
minutes to prepare and submit form
BIS–748. Send comments regarding this
burden estimate or any other aspect of
this collection of information, including
suggestions for reducing the burden, to
Jasmeet Seehra, Office of Management
and Budget, and to the Regulatory
Policy Division, Bureau of Industry and
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Security, Department of Commerce, as
indicated in the ADDRESSES section of
this rule.
3. This rule does not contain policies
with Federalism implications as that
term is defined in Executive Order
13132.
4. The provisions of the
Administrative Procedure Act (APA) (5
U.S.C. 553) requiring notice of proposed
rulemaking and the opportunity for
public participation are waived for good
cause, because they are ‘‘unnecessary’’
and ‘‘contrary to the public interest.’’
(See 5 U.S.C. 553(b)(B)). This rule brings
the Export Administration Regulations
(EAR) into conformity with the
Congressional mandate in Division O,
Title 1, Section 101 of Public Law 114–
113, which states that ‘‘notwithstanding
any other provision of law, except as
provided in subsections (c) and (d) . . .
no official of the Federal Government
shall impose or enforce any restrictions
on the export of crude oil.’’ A delay of
this rulemaking to allow for notice and
public comment would be
‘‘unnecessary,’’ within the context of the
APA, because continuance of the
controls in § 754.2 of the EAR would be
contrary to the explicit mandate in
Public Law 114–113 against the
imposition or enforcement of any
restriction on the export of crude oil by
an official of the Federal Government.
Under such circumstances, the public
interest would not be served by
soliciting comments on the removal of
these controls. A delay of this
rulemaking to allow for notice and
public comment also would be
‘‘contrary to the public interest,’’ within
the context of the APA, because
continuance of the controls in § 754.2 of
the EAR would result in unnecessary
confusion due to the obvious
contradiction between the short supply
license requirements for crude oil, as
described in § 754.2 of the EAR prior to
the publication of this rule, and the
Congressional mandate in Public Law
114–113, which prohibits such license
requirements. Furthermore, the
confusion resulting from any delay to
allow for notice and comment would be
contrary to the public interest, as stated
in Public Law 114–113, which is ‘‘to
promote the efficient exploration,
production, storage, supply, marketing,
pricing, and regulation of energy
resources, including fossil fuels.’’
Specifically, the obvious contradiction
between the requirements previously
described in § 754.2 of the EAR and the
mandate in Public Law 114–113 might
discourage some persons from pursuing
crude oil export opportunities, thereby
resulting in significant economic losses
due to lost sales. At best, the confusion
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caused by this contradiction likely
would result in unnecessary delays,
which also can involve significant
economic costs.
The provision of the Administrative
Procedure Act (APA) (5 U.S.C. 553)
requiring a 30-day delay in effectiveness
is also waived for good cause. (5 U.S.C.
553(d)(3)). The amendments to the EAR
contained in this final rule are required
to make the EAR conform to the
Congressional mandate in Public Law
114–113, which states that ‘‘except as
provided in subsections (c) and (d) . . .
no official of the Federal Government
shall impose or enforce any restrictions
on the export of crude oil.’’ A delay of
this rulemaking to allow for a 30-day
delay in effectiveness would be
‘‘unnecessary,’’ within the context of the
APA, because continuance of the
controls in § 754.2 of the EAR would be
contrary to the explicit mandate in
Public Law 114–113 and, as such,
would not serve the public interest. A
delay of this rulemaking to allow for a
30-day delay in effectiveness, also
would be ‘‘contrary to the public
interest,’’ within the context of the APA,
because such a delay would result in
unnecessary confusion caused by the
contradiction between the EAR’s short
supply license requirements for crude
oil and the Congressional mandate in
Public Law 114–113, as described
above. In addition, any delay to allow
for notice and comment would be
contrary to the public interest, as stated
in Public Law 114–113 and reiterated
above.
Further, no other law requires that a
notice of proposed rulemaking and an
opportunity for public comment be
given for this final rule. Because a
notice of proposed rulemaking and an
opportunity for public comment are not
required to be given for this rule under
the Administrative Procedure Act or by
any other law, the analytical
requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are
not applicable. Therefore, this
regulation is issued in final form.
List of Subjects
29485
PART 730—[AMENDED]
15 CFR Part 730
1. The authority citation for part 730
is revised to read as follows:
■
Administrative practice and
procedure, Advisory committees,
Exports, Reporting and recordkeeping
requirements, Strategic and critical
materials.
15 CFR Part 740
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 742
Administrative practice and
procedure, Chemicals, Exports, Foreign
trade, Reporting and recordkeeping
requirements.
15 CFR Part 744
Exports, Foreign trade, Reporting and
recordkeeping requirements.
15 CFR Part 746
Exports, Reporting and recordkeeping
requirements.
15 CFR Part 754
Agricultural commodities, Exports,
Forests and forest products, Horses,
Petroleum, Reporting and recordkeeping
requirements.
15 CFR Part 762
Administrative practice and
procedure, Business and industry,
Confidential business information,
Exports, Reporting and recordkeeping
requirements.
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.
1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151 note;
22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42
U.S.C. 2139a; 15 U.S.C. 1824a; 50 U.S.C.
4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
E.O. 11912, 41 FR 15825, 3 CFR, 1976 Comp.,
p. 114; E.O. 12002, 42 FR 35623, 3 CFR, 1977
Comp., p. 133; E.O. 12058, 43 FR 20947, 3
CFR, 1978 Comp., p. 179; E.O. 12214, 45 FR
29783, 3 CFR, 1980 Comp., p. 256; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12854, 58 FR 36587, 3 CFR, 1993
Comp., p. 179; E.O. 12918, 59 FR 28205, 3
CFR, 1994 Comp., p. 899; E.O. 12938, 59 FR
59099, 3 CFR, 1994 Comp., p. 950; E.O.
12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
356; E.O. 12981, 60 FR 62981, 3 CFR, 1995
Comp., p. 419; E.O. 13020, 61 FR 54079, 3
CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; E.O.
13099, 63 FR 45167, 3 CFR, 1998 Comp., p.
208; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; E.O. 13338, 69 FR
26751, 3 CFR, 2004 Comp., p 168; E.O.
13637, 78 FR 16129, 3 CFR, 2014 Comp., p.
223; Notice of May 6, 2015, 80 FR 26815
(May 8, 2015); Notice of August 7, 2015, 80
FR 48233 (August 11, 2015); Notice of
September 18, 2015, 80 FR 57281 (September
22, 2015); Notice of November 12, 2015, 80
FR 70667 (November 13, 2015); Notice of
January 20, 2016, 81 FR 3937 (January 22,
2016).
Supplement No. 1 to Part 730—
[Amended]
15 CFR Part 772
2. Supplement No. 1 to part 730 is
amended by revising the entries for
Collection number ‘‘0694–0137’’ and
Collection number ‘‘0607–0152’’ to read
as follows:
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Exports.
15 CFR Part 774
Exports, Reporting and recordkeeping
requirements.
For the reasons stated in the
preamble, parts 730, 740, 742, 744, 746,
754, 762, 772, and 774 of the Export
Administration Regulations (15 CFR
parts 730–774) are amended as follows:
Supplement No. 1 to Part 730—
Information Collection Requirements
Under the Paperwork Reduction Act:
OMB Control Numbers
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Title
Reference in the EAR
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0694–0137 ........
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License Exceptions and Exclusions ........
0607–0152 ........
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Collection No.
Automated Export System (AES) Program.
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§ 734.4, Supplement No. 2 to part 734, §§ 740.3(d), 740.4(c), 740.9(a)(2)(viii)(B),
740.9(c), 740.13(e), 740.12(b)(7), 740.17, 740.18, Supp. No. 2 to part 740,
§§ 742.15, 743.1, 743.3, 754.4, 762.2(b) and Supplement No. 1 to part 774.
§§ 740.1(d), 740.3(a)(3), 754.4(c), 758.1, 758.2, and 758.3 of the EAR.
PART 740—[AMENDED]
3. The authority citation for part 740
continues to read as follows:
■
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Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.
1701 et seq.; 22 U.S.C. 7201 et seq.; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
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Comp., p. 783; Notice of August 7, 2015, 80
FR 48233 (August 11, 2015).
4. Section 740.15 is amended by
revising paragraph (b)(3) introductory
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§ 744.7 Restrictions on certain exports to
and for the use of certain foreign vessels
or aircraft.
text and by removing the note to
paragraph (c)(3).
The revision reads as follows:
§ 740.15
(AVS).
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Aircraft, vessels, and spacecraft
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(b) * * *
(3) Ship and plane stores. Usual and
reasonable kinds and quantities of the
following commodities may be exported
for use or consumption on board an
aircraft or vessel of any registry during
the outgoing and immediate return
flight or voyage.
*
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PART 742—[AMENDED]
5. The authority citation for part 742
continues to read as follows:
■
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.
1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C.
2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
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, 68
FR 26459, 3 CFR, 2004 Comp., p. 320; Notice
of August 7, 2015, 80 FR 48233 (August 11,
2015); Notice of November 12, 2015, 80 FR
70667 (November 13, 2015).
§ 742.1
[Amended]
6. In § 742.1, remove the phrase
‘‘1C981 (Crude petroleum, including
reconstituted crude petroleum, tar
sands, and crude shale oil);’’ where it
appears in the second sentence of
paragraph (b)(1).
■
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[Amended]
PART 754—[AMENDED]
11. The authority citation for part 754
is revised to read as follows:
■
Authority: 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
356; E.O. 13026, 61 FR 58767, 3 CFR, 1996
Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; E.O.
13224, 66 FR 49079, 3 CFR, 2001 Comp., p.
786; Notice of August 7, 2015, 80 FR 48233
(August 11, 2015); Notice of September 18,
2015, 80 FR 57281 (September 22, 2015);
Notice of November 12, 2015, 80 FR 70667
(November 13, 2015); Notice of January 20,
2016, 81 FR 3937 (January 22, 2016).
13:18 May 11, 2016
Authority: 50 U.S.C. 4601 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, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR
26751, 3 CFR, 2004 Comp., p 168;
Presidential Determination 2003–23, 68 FR
26459, 3 CFR, 2004 Comp., p. 320;
Presidential Determination 2007–7, 72 FR
1899, 3 CFR, 2006 Comp., p. 325; Notice of
May 6, 2015, 80 FR 26815 (May 8, 2015);
Notice of August 7, 2015, 80 FR 48233
(August 11, 2015).
10. In § 746.7, remove ‘‘1C981,’’ where
it appears in paragraph (a)(1).
7. The authority citation for part 744
continues to read as follows:
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9. The authority citation for part 746
continues to read as follows:
■
■
■
8. In § 744.7, revise paragraphs
(b)(3)(i) and (ii) to read as follows:
PART 746—[AMENDED]
§ 746.7
PART 744—[AMENDED]
■
*
*
*
*
(b) * * *
(3) * * *
(i) Fuel, including crude oil,
petroleum products other than crude oil
that are of non-Naval Petroleum
Reserves origin or derivation (see
§ 754.3 of the EAR), and blends of crude
oil with such petroleum products;
(ii) Deck, engine, and steward
department stores, provisions, and
supplies for both port and voyage
requirements, provided that any
petroleum products other than crude oil
which are listed in Supplement No. 1 to
part 754 of the EAR are of non-Naval
Petroleum Reserves origin or derivation
(see § 754.3 of the EAR);
*
*
*
*
*
Authority: 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
7430(e); 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 7, 2015, 80 FR 48233
(August 11, 2015).
§ 754.1
[Amended]
12. Section 754.1 is amended by
removing and reserving paragraph
(b)(1)(i).
■
§ 754.2
13. Section 754.2 is removed and
reserved.
■ 14. In Supplement No. 1 to part 754,
revise the first sentence in the
introductory text to read as follows:
Frm 00016
Fmt 4700
Supplement No. 3 to Part 754—
[Removed and Reserved]
15. Supplement No. 3 to part 754 is
removed and reserved.
■
PART 762—[AMENDED]
16. The authority citation for part 762
continues to read as follows:
■
Authority: 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
7, 2015, 80 FR 48233 (August 11, 2015).
§ 762.2
[Amended]
17. Section 762.2 is amended by
removing and reserving paragraph
(b)(39).
■
PART 772—[AMENDED]
18. The authority citation for part 772
continues to read as follows:
■
Authority: 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
7, 2015, 80 FR 48233 (August 11, 2015).
19. Section 772.1 is amended by
adding in alphabetical order a definition
for crude oil to read as follows:
■
§ 772.1 Definitions of terms as used in the
Export Administration Regulations (EAR).
*
*
*
*
*
Crude oil. A mixture of hydrocarbons
that existed in liquid phase in
underground reservoirs, remains liquid
at atmospheric pressure (after passing
through surface separating facilities),
and has not been processed through a
crude oil distillation tower. Crude oil
includes reconstituted crude petroleum,
lease condensate, and liquid
hydrocarbons produced from tar sands,
gilsonite, and oil shale. Drip gases are
also included, but topped crude oil,
residual oil, and other finished and
unfinished oils are excluded.
*
*
*
*
*
PART 774—[AMENDED]
20. The authority citation for part 774
is revised to read as follows:
■
[Removed]
■
PO 00000
Supplement No. 1 to Part 754—Crude
Petroleum and Petroleum Products
This Supplement provides relevant
Schedule B numbers and commodity
descriptions for crude oil (EAR99) and
for petroleum products other than crude
oil that are controlled by ECCN 1C980,
1C982, 1C983, or 1C984. * * *
*
*
*
*
*
Sfmt 4700
Authority: 50 U.S.C. 4601 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; 42 U.S.C. 2139a; 15
U.S.C. 1824a; 50 U.S.C. 4305; 22 U.S.C. 7201
E:\FR\FM\12MYR1.SGM
12MYR1
Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Rules and Regulations
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 7, 2015, 80 FR 48233
(August 11, 2015).
Supplement No. 1 to Part 774—
[Amended]
21. In Supplement No. 1 to Part 774
(the Commerce Control List), ECCN
1C981 is removed.
■
Dated: May 5, 2016.
Eric L. Hirschhorn,
Under Secretary for Industry and Security.
[FR Doc. 2016–11047 Filed 5–11–16; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1308
[Docket No. DEA–435]
Schedules of Controlled Substances:
Placement of Brivaracetam Into
Schedule V
Drug Enforcement
Administration, Department of Justice.
ACTION: Interim final rule, with request
for comments.
AGENCY:
The Drug Enforcement
Administration is placing the substance
brivaracetam ((2S)-2-[(4R)-2-oxo-4propylpyrrolidin-1-yl] butanamide)
(also referred to as BRV; UCB–34714;
Briviact) (including its salts) into
schedule V of the Controlled Substances
Act. This scheduling action is pursuant
to the Controlled Substances Act, as
revised by the Improving Regulatory
Transparency for New Medical
Therapies Act which was signed into
law on November 25, 2015.
DATES: The effective date of this
rulemaking is May 12, 2016. Interested
persons may file written comments on
this rulemaking in accordance with 21
CFR 1308.43(g). Electronic comments
must be submitted, and written
comments must be postmarked, on or
before June 13, 2016. Commenters
should be aware that the electronic
Federal Docket Management System
will not accept comments after 11:59
p.m. Eastern Time on the last day of the
comment period.
Interested persons, defined at 21 CFR
1300.01 as those ‘‘adversely affected or
aggrieved by any rule or proposed rule
issuable pursuant to section 201 of the
Act (21 U.S.C. 811),’’ may file a request
for hearing or waiver of hearing
pursuant to 21 CFR 1308.44. Requests
for hearing and waivers of an
jstallworth on DSK7TPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
13:18 May 11, 2016
Jkt 238001
opportunity for a hearing or to
participate in a hearing must be
received on or before June 13, 2016.
ADDRESSES: To ensure proper handling
of comments, please reference ‘‘Docket
No. DEA–435’’ on all correspondence,
including any attachments.
• Electronic comments: The Drug
Enforcement Administration encourages
that all comments be submitted
electronically through the Federal
eRulemaking Portal, which provides the
ability to type short comments directly
into the comment field on the Web page
or attach a file for lengthier comments.
Please go to https://www.regulations.gov
and follow the online instructions at
that site for submitting comments. Upon
completion of your submission, you will
receive a Comment Tracking Number for
your comment. Please be aware that
submitted comments are not
instantaneously available for public
view on Regulations.gov. If you have
received a Comment Tracking Number,
your comment has been successfully
submitted and there is no need to
resubmit the same comment.
• Paper comments: Paper comments
that duplicate the electronic submission
are not necessary and are discouraged.
Should you wish to mail a paper
comment in lieu of an electronic
comment, it should be sent via regular
or express mail to: Drug Enforcement
Administration, Attn: DEA Federal
Register Representative/ODW, 8701
Morrissette Drive, Springfield, VA
22152.
• Hearing requests: All requests for
hearing and waivers of participation
must be sent to: Drug Enforcement
Administration, Attn: Administrator,
8701 Morrissette Drive, Springfield,
Virginia 22152. All requests for hearing
and waivers of participation should also
be sent to: (1) Drug Enforcement
Administration, Attn: Hearing Clerk/LJ,
8701 Morrissette Drive, Springfield,
Virginia 22152; and (2) Drug
Enforcement Administration, Attn: DEA
Federal Register Representative/ODW,
8701 Morrissette Drive, Springfield,
Virginia 22152.
FOR FURTHER INFORMATION CONTACT:
Barbara J. Boockholdt, Office of
Diversion Control, Drug Enforcement
Administration; Mailing Address: 8701
Morrissette Drive, Springfield, Virginia
22152; Telephone: (202) 598–6812.
SUPPLEMENTARY INFORMATION:
Posting of Public Comments
Please note that all comments
received are considered part of the
public record. They will, unless
reasonable cause is given, be made
available by the Drug Enforcement
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
29487
Administration (DEA) for public
inspection online at https://
www.regulations.gov. Such information
includes personal identifying
information (such as your name,
address, etc.) voluntarily submitted by
the commenter. The Freedom of
Information Act (FOIA) applies to all
comments received. If you want to
submit personal identifying information
(such as your name, address, etc.) as
part of your comment, but do not want
it to be made publicly available, you
must include the phrase ‘‘PERSONAL
IDENTIFYING INFORMATION’’ in the
first paragraph of your comment. You
must also place all of the personal
identifying information you do not want
made publicly available in the first
paragraph of your comment and identify
what information you want redacted.
If you want to submit confidential
business information as part of your
comment, but do not want it to be made
publicly available, you must include the
phrase ‘‘CONFIDENTIAL BUSINESS
INFORMATION’’ in the first paragraph
of your comment. You must also
prominently identify the confidential
business information to be redacted
within the comment.
Comments containing personal
identifying information and confidential
business information identified as
directed above will generally be made
publicly available in redacted form. If a
comment has so much confidential
business information or personal
identifying information that it cannot be
effectively redacted, all or part of that
comment may not be made publicly
available. Comments posted to https://
www.regulations.gov may include any
personal identifying information (such
as name, address, and phone number)
included in the text of your electronic
submission that is not identified as
directed above as confidential.
An electronic copy of this document
and supplemental information,
including the complete Department of
Health and Human Services and Drug
Enforcement Administration eight-factor
analyses, to this interim final rule are
available at https://www.regulations.gov
for easy reference.
Request for Hearing, Notice of
Appearance at Hearing, or Waiver of
Participation in Hearing
Pursuant to 21 U.S.C. 811(a), this
action is a formal rulemaking ‘‘on the
record after opportunity for a hearing.’’
Such proceedings are conducted
pursuant to the provisions of the
Administrative Procedure Act (APA), 5
U.S.C. 551–559. 21 CFR 1308.41–
1308.45; 21 CFR part 1316, subpart D.
In accordance with 21 CFR 1308.44(a)–
E:\FR\FM\12MYR1.SGM
12MYR1
]]>Agencies
[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)]
[Rules and Regulations]
[Pages 29483-29487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11047]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 730, 740, 742, 744, 746, 754, 762, 772, and 774
[Docket No. 160302175- 6175- 01]
RIN 0694-AG83
Removal of Short Supply License Requirements on Exports of Crude
Oil
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS) publishes this final
rule to amend the Export Administration Regulations (EAR) to remove the
short supply license requirements that, prior to the entry into force
of the ``Consolidated Appropriations Act, 2016'' on December 18, 2015,
applied to exports of crude oil from the United States. Specifically,
this rule removes the Commerce Control List (CCL) entry and the
corresponding short supply provisions in the EAR that required a
license from BIS to export crude oil from the United States. This rule
also amends certain other EAR provisions to reflect the removal of
these short supply license requirements. The changes made by this rule
are intended to bring the provisions of the EAR into full compliance
with the act, which mandates that, apart from certain exemptions
specified therein, ``no official of the Federal Government shall impose
or enforce any restriction on the export of crude oil.'' Consistent
with the exceptions in the act, exports of crude oil continue to
require authorization from BIS to embargoed or sanctioned countries or
persons and to persons subject to a denial of export privileges.
DATES: This rule is effective May 12, 2016.
ADDRESSES: Send comments regarding this collection of information,
including suggestions for reducing the burden, to Jasmeet Seehra,
Office of Management and Budget (OMB), by email to
Jasmeet_K._Seehra@omb.eop.gov, or by fax to (202) 395-7285; and to the
Regulatory Policy Division, Bureau of Industry and Security, Department
of Commerce, 14th Street & Pennsylvania Avenue NW., Room 2705,
Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Eileen Albanese, Director, Office of
National Security and Technology Transfer Controls, Bureau of Industry
and Security, Telephone: (202) 482-0092, Email:
eileen.albanese@bis.doc.gov.
SUPPLEMENTARY INFORMATION: The Bureau of Industry and Security (BIS) is
amending the Export Administration Regulations (EAR) to comply with the
requirements of Division O, Title 1, Section 101 of Public Law 114-113
(the Consolidated Appropriations Act, 2016) concerning exports of crude
oil from the United States. These provisions repeal Section 103 of the
Energy Policy and Conservation Act (formerly, 42 U.S.C. 6212), which
required that the President promulgate a rule prohibiting the export of
crude oil, and mandate, instead, that ``notwithstanding any other
provision of law, except as provided in subsections (c) and (d) . . .
no official of the Federal Government shall impose or enforce any
restriction on the export of crude oil.'' Consistent with this
requirement, this final rule amends part 754 of the EAR by removing and
reserving Sec. 754.2, which described the short supply license
requirements and licensing policies that applied to exports of crude
oil from the United States to all destinations. This rule also amends
the Commerce Control List (CCL) in Supplement No. 1 to part 774 of the
EAR by removing Export Control Classification Number (ECCN) 1C981,
which controlled crude petroleum, including reconstituted crude
petroleum, tar sands and crude shale oil listed in Supplement No. 1 to
part 754 of the EAR (Crude Petroleum and Petroleum Products). In
addition, this rule moves the definition of ``crude oil,'' which
previously appeared in Sec. 754.2(a) of the EAR, to Sec. 772.1
(Definitions of terms as used in the Export Administration Regulations
(EAR)), because it continues to have relevance with respect to the end-
user/end-use requirements in part 744 of the EAR and the embargoes and
other special controls in part 746 of the EAR. The scope of this
definition remains unchanged.
The effect of the changes described above is to remove the short
supply license requirements previously applicable to crude oil, as
controlled under ECCN 1C981, thereby making crude oil an EAR99 item
(i.e., subject to the EAR, as described in Sec. 734.3(a), but no
longer listed on the CCL). As such, crude oil exports will now be
treated
[[Page 29484]]
similarly to exports of petroleum products listed in Supplement No. 1
to part 754 that have not been produced or derived from the Naval
Petroleum Reserves (NPR) or become available for export as a result of
an exchange of any NPR produced or derived commodities (such petroleum
products are not controlled under ECCN 1C980, 1C982, 1C983, or 1C984 on
the CCL, but are designated as EAR99 items, instead). As an EAR99 item,
crude oil remains subject to the EAR, as described in Sec. 734.3(a) of
the EAR, and exports of crude oil continue to require authorization
from BIS to embargoed or sanctioned countries or persons and to persons
subject to a denial of export privileges, as described in parts 744,
746, and 764 of the EAR. The continuance of these EAR controls is
consistent with the exemptions stated in Division O, Title 1, Section
101, subsections (c) and (d) of Public Law 114-113.
This final rule also amends certain other provisions in the EAR to
reflect the removal of the short supply license requirements on crude
oil. Specifically, this rule makes additional amendments to part 754 by
removing and reserving paragraph (b)(1)(i) in Sec. 754.1 and by
removing and reserving Supplement No. 3 to part 754 (Statutory
Provisions Dealing with Exports of Crude Oil). This rule also removes
references to Sec. 754.2 from Supplement No. 1 to part 730 and Sec.
762.2(b)(39). In addition, this rule amends Sec. 740.15 (License
Exception AVS) by removing the parenthetical reference to Sec. 754.2
from Sec. 740.15(b)(3) and by removing the Note to paragraph (c)(3),
which also referenced Sec. 754.2. This rule also removes references to
ECCN 1C981 from Sec. 742.1(b)(1) and Sec. 746.7(a)(1) of the EAR. In
Sec. 744.7 (Restrictions on Certain Exports to and for the use of
Certain Foreign Vessels or Aircraft), paragraphs (b)(3)(i) and (ii) are
revised to remove the exclusions that previously applied to crude oil
and blends of crude oil with other petroleum products, because such
items were subject to the short supply controls described in Sec.
754.2 of the EAR.
Finally, this rule removes authority citations for statutory
provisions dealing with restrictions on the exports of crude oil, which
no longer provide BIS with enforcement authority, based on Division O,
Title 1, Section 101, subsection (b) of Public Law 114-113, which
prohibits officials of the Federal Government from imposing or
enforcing any restriction on the export of crude oil ``notwithstanding
any other provision of law.'' Specifically, this rule removes the
authority citations to 30 U.S.C. 185(s), 30 U.S.C. 185(u), and 43
U.S.C. 1354 from parts 730, 754, and 774 of the EAR.
Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March
8, 2013, 78 FR 16129 (March 13, 2013), and as extended by the Notice of
August 7, 2015 (80 FR 48233 (Aug. 11, 2015)), has continued the Export
Administration Regulations 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 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.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person 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 Office of Management and Budget (OMB) Control Number. This rule
contains a collection of information subject to the requirements of the
PRA. This collection has been approved by OMB under Control Number
0694-0088 (Multi-Purpose Application), which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748. Send
comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing the
burden, to Jasmeet Seehra, Office of Management and Budget, and to the
Regulatory Policy Division, Bureau of Industry and Security, Department
of Commerce, as indicated in the ADDRESSES section of this rule.
3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
4. The provisions of the Administrative Procedure Act (APA) (5
U.S.C. 553) requiring notice of proposed rulemaking and the opportunity
for public participation are waived for good cause, because they are
``unnecessary'' and ``contrary to the public interest.'' (See 5 U.S.C.
553(b)(B)). This rule brings the Export Administration Regulations
(EAR) into conformity with the Congressional mandate in Division O,
Title 1, Section 101 of Public Law 114-113, which states that
``notwithstanding any other provision of law, except as provided in
subsections (c) and (d) . . . no official of the Federal Government
shall impose or enforce any restrictions on the export of crude oil.''
A delay of this rulemaking to allow for notice and public comment would
be ``unnecessary,'' within the context of the APA, because continuance
of the controls in Sec. 754.2 of the EAR would be contrary to the
explicit mandate in Public Law 114-113 against the imposition or
enforcement of any restriction on the export of crude oil by an
official of the Federal Government. Under such circumstances, the
public interest would not be served by soliciting comments on the
removal of these controls. A delay of this rulemaking to allow for
notice and public comment also would be ``contrary to the public
interest,'' within the context of the APA, because continuance of the
controls in Sec. 754.2 of the EAR would result in unnecessary
confusion due to the obvious contradiction between the short supply
license requirements for crude oil, as described in Sec. 754.2 of the
EAR prior to the publication of this rule, and the Congressional
mandate in Public Law 114-113, which prohibits such license
requirements. Furthermore, the confusion resulting from any delay to
allow for notice and comment would be contrary to the public interest,
as stated in Public Law 114-113, which is ``to promote the efficient
exploration, production, storage, supply, marketing, pricing, and
regulation of energy resources, including fossil fuels.'' Specifically,
the obvious contradiction between the requirements previously described
in Sec. 754.2 of the EAR and the mandate in Public Law 114-113 might
discourage some persons from pursuing crude oil export opportunities,
thereby resulting in significant economic losses due to lost sales. At
best, the confusion
[[Page 29485]]
caused by this contradiction likely would result in unnecessary delays,
which also can involve significant economic costs.
The provision of the Administrative Procedure Act (APA) (5 U.S.C.
553) requiring a 30-day delay in effectiveness is also waived for good
cause. (5 U.S.C. 553(d)(3)). The amendments to the EAR contained in
this final rule are required to make the EAR conform to the
Congressional mandate in Public Law 114-113, which states that ``except
as provided in subsections (c) and (d) . . . no official of the Federal
Government shall impose or enforce any restrictions on the export of
crude oil.'' A delay of this rulemaking to allow for a 30-day delay in
effectiveness would be ``unnecessary,'' within the context of the APA,
because continuance of the controls in Sec. 754.2 of the EAR would be
contrary to the explicit mandate in Public Law 114-113 and, as such,
would not serve the public interest. A delay of this rulemaking to
allow for a 30-day delay in effectiveness, also would be ``contrary to
the public interest,'' within the context of the APA, because such a
delay would result in unnecessary confusion caused by the contradiction
between the EAR's short supply license requirements for crude oil and
the Congressional mandate in Public Law 114-113, as described above. In
addition, any delay to allow for notice and comment would be contrary
to the public interest, as stated in Public Law 114-113 and reiterated
above.
Further, no other law requires that a notice of proposed rulemaking
and an opportunity for public comment be given for this final rule.
Because a notice of proposed rulemaking and an opportunity for public
comment are not required to be given for this rule under the
Administrative Procedure Act or by any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable. Therefore, this regulation is issued in final form.
List of Subjects
15 CFR Part 730
Administrative practice and procedure, Advisory committees,
Exports, Reporting and recordkeeping requirements, Strategic and
critical materials.
15 CFR Part 740
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 742
Administrative practice and procedure, Chemicals, Exports, Foreign
trade, Reporting and recordkeeping requirements.
15 CFR Part 744
Exports, Foreign trade, Reporting and recordkeeping requirements.
15 CFR Part 746
Exports, Reporting and recordkeeping requirements.
15 CFR Part 754
Agricultural commodities, Exports, Forests and forest products,
Horses, Petroleum, Reporting and recordkeeping requirements.
15 CFR Part 762
Administrative practice and procedure, Business and industry,
Confidential business information, Exports, Reporting and recordkeeping
requirements.
15 CFR Part 772
Exports.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
For the reasons stated in the preamble, parts 730, 740, 742, 744,
746, 754, 762, 772, and 774 of the Export Administration Regulations
(15 CFR parts 730-774) are amended as follows:
PART 730--[AMENDED]
0
1. The authority citation for part 730 is revised to read as follows:
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 10
U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151 note;
22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 U.S.C.
1824a; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
11912, 41 FR 15825, 3 CFR, 1976 Comp., p. 114; E.O. 12002, 42 FR
35623, 3 CFR, 1977 Comp., p. 133; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12214, 45 FR 29783, 3 CFR, 1980 Comp., p.
256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12854,
58 FR 36587, 3 CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR 28205, 3
CFR, 1994 Comp., p. 899; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp.,
p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O.
12981, 60 FR 62981, 3 CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR
54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p.
208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224,
66 FR 49079, 3 CFR, 2001 Comp., p. 786; E.O. 13338, 69 FR 26751, 3
CFR, 2004 Comp., p 168; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp.,
p. 223; Notice of May 6, 2015, 80 FR 26815 (May 8, 2015); Notice of
August 7, 2015, 80 FR 48233 (August 11, 2015); Notice of September
18, 2015, 80 FR 57281 (September 22, 2015); Notice of November 12,
2015, 80 FR 70667 (November 13, 2015); Notice of January 20, 2016,
81 FR 3937 (January 22, 2016).
Supplement No. 1 to Part 730--[Amended]
0
2. Supplement No. 1 to part 730 is amended by revising the entries for
Collection number ``0694-0137'' and Collection number ``0607-0152'' to
read as follows:
Supplement No. 1 to Part 730--Information Collection Requirements Under
the Paperwork Reduction Act: OMB Control Numbers
* * * * *
------------------------------------------------------------------------
Collection No. Title Reference in the EAR
------------------------------------------------------------------------
* * * * * * *
0694-0137................ License Exceptions Sec. 734.4, Supplement
and Exclusions. No. 2 to part 734, Sec.
Sec. 740.3(d),
740.4(c),
740.9(a)(2)(viii)(B),
740.9(c), 740.13(e),
740.12(b)(7), 740.17,
740.18, Supp. No. 2 to
part 740, Sec. Sec.
742.15, 743.1, 743.3,
754.4, 762.2(b) and
Supplement No. 1 to
part 774.
0607-0152................ Automated Export Sec. Sec. 740.1(d),
System (AES) 740.3(a)(3), 754.4(c),
Program. 758.1, 758.2, and 758.3
of the EAR.
------------------------------------------------------------------------
PART 740--[AMENDED]
0
3. The authority citation for part 740 continues to read as follows:
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22
U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of
August 7, 2015, 80 FR 48233 (August 11, 2015).
0
4. Section 740.15 is amended by revising paragraph (b)(3) introductory
[[Page 29486]]
text and by removing the note to paragraph (c)(3).
The revision reads as follows:
Sec. 740.15 Aircraft, vessels, and spacecraft (AVS).
* * * * *
(b) * * *
(3) Ship and plane stores. Usual and reasonable kinds and
quantities of the following commodities may be exported for use or
consumption on board an aircraft or vessel of any registry during the
outgoing and immediate return flight or voyage.
* * * * *
PART 742--[AMENDED]
0
5. The authority citation for part 742 continues to read as follows:
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22
U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; 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, 68 FR 26459, 3 CFR, 2004 Comp., p. 320;
Notice of August 7, 2015, 80 FR 48233 (August 11, 2015); Notice of
November 12, 2015, 80 FR 70667 (November 13, 2015).
Sec. 742.1 [Amended]
0
6. In Sec. 742.1, remove the phrase ``1C981 (Crude petroleum,
including reconstituted crude petroleum, tar sands, and crude shale
oil);'' where it appears in the second sentence of paragraph (b)(1).
PART 744--[AMENDED]
0
7. The authority citation for part 744 continues to read as follows:
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22
U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179;
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of August 7, 2015, 80 FR 48233
(August 11, 2015); Notice of September 18, 2015, 80 FR 57281
(September 22, 2015); Notice of November 12, 2015, 80 FR 70667
(November 13, 2015); Notice of January 20, 2016, 81 FR 3937 (January
22, 2016).
0
8. In Sec. 744.7, revise paragraphs (b)(3)(i) and (ii) to read as
follows:
Sec. 744.7 Restrictions on certain exports to and for the use of
certain foreign vessels or aircraft.
* * * * *
(b) * * *
(3) * * *
(i) Fuel, including crude oil, petroleum products other than crude
oil that are of non-Naval Petroleum Reserves origin or derivation (see
Sec. 754.3 of the EAR), and blends of crude oil with such petroleum
products;
(ii) Deck, engine, and steward department stores, provisions, and
supplies for both port and voyage requirements, provided that any
petroleum products other than crude oil which are listed in Supplement
No. 1 to part 754 of the EAR are of non-Naval Petroleum Reserves origin
or derivation (see Sec. 754.3 of the EAR);
* * * * *
PART 746--[AMENDED]
0
9. The authority citation for part 746 continues to read as follows:
Authority: 50 U.S.C. 4601 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, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p 168; Presidential
Determination 2003-23, 68 FR 26459, 3 CFR, 2004 Comp., p. 320;
Presidential Determination 2007-7, 72 FR 1899, 3 CFR, 2006 Comp., p.
325; Notice of May 6, 2015, 80 FR 26815 (May 8, 2015); Notice of
August 7, 2015, 80 FR 48233 (August 11, 2015).
Sec. 746.7 [Amended]
0
10. In Sec. 746.7, remove ``1C981,'' where it appears in paragraph
(a)(1).
PART 754--[AMENDED]
0
11. The authority citation for part 754 is revised to read as follows:
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 10
U.S.C. 7420; 10 U.S.C. 7430(e); 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 7, 2015, 80 FR 48233 (August
11, 2015).
Sec. 754.1 [Amended]
0
12. Section 754.1 is amended by removing and reserving paragraph
(b)(1)(i).
Sec. 754.2 [Removed]
0
13. Section 754.2 is removed and reserved.
0
14. In Supplement No. 1 to part 754, revise the first sentence in the
introductory text to read as follows:
Supplement No. 1 to Part 754--Crude Petroleum and Petroleum Products
This Supplement provides relevant Schedule B numbers and commodity
descriptions for crude oil (EAR99) and for petroleum products other
than crude oil that are controlled by ECCN 1C980, 1C982, 1C983, or
1C984. * * *
* * * * *
Supplement No. 3 to Part 754--[Removed and Reserved]
0
15. Supplement No. 3 to part 754 is removed and reserved.
PART 762--[AMENDED]
0
16. The authority citation for part 762 continues to read as follows:
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7,
2015, 80 FR 48233 (August 11, 2015).
Sec. 762.2 [Amended]
0
17. Section 762.2 is amended by removing and reserving paragraph
(b)(39).
PART 772--[AMENDED]
0
18. The authority citation for part 772 continues to read as follows:
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7,
2015, 80 FR 48233 (August 11, 2015).
0
19. Section 772.1 is amended by adding in alphabetical order a
definition for crude oil to read as follows:
Sec. 772.1 Definitions of terms as used in the Export Administration
Regulations (EAR).
* * * * *
Crude oil. A mixture of hydrocarbons that existed in liquid phase
in underground reservoirs, remains liquid at atmospheric pressure
(after passing through surface separating facilities), and has not been
processed through a crude oil distillation tower. Crude oil includes
reconstituted crude petroleum, lease condensate, and liquid
hydrocarbons produced from tar sands, gilsonite, and oil shale. Drip
gases are also included, but topped crude oil, residual oil, and other
finished and unfinished oils are excluded.
* * * * *
PART 774--[AMENDED]
0
20. The authority citation for part 774 is revised to read as follows:
Authority: 50 U.S.C. 4601 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; 42 U.S.C. 2139a; 15 U.S.C. 1824a; 50 U.S.C.
4305; 22 U.S.C. 7201
[[Page 29487]]
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 7, 2015, 80 FR 48233 (August 11, 2015).
Supplement No. 1 to Part 774--[Amended]
0
21. In Supplement No. 1 to Part 774 (the Commerce Control List), ECCN
1C981 is removed.
Dated: May 5, 2016.
Eric L. Hirschhorn,
Under Secretary for Industry and Security.
[FR Doc. 2016-11047 Filed 5-11-16; 8:45 am]
BILLING CODE 3510-33-P
