-
Start Preamble
AGENCY:
Bureau of Industry and Security, Commerce.
ACTION:
Final rule.
SUMMARY:
This rule updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to include the citations to five Presidential notices extending emergencies declared pursuant to the International Emergency Economic Powers Act. This is a procedural rule that only updates authority paragraphs of the EAR. It does not alter any right, obligation or prohibition that applies to any person under the EAR.
DATES:
The rule is effective December 19, 2013.
Start Further InfoFOR FURTHER INFORMATION CONTACT:
William Arvin, Regulatory Policy Division, Bureau of Industry and Security, Telephone: (202) 482-2440.
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY INFORMATION:
Background
Authority for some provisions of the EAR rests, in part, on executive orders in which the President, using his authority under the International Emergency Economic Powers Act, declares an emergency and on annual notices extending those emergencies. This rule updates the authority citation paragraphs in the Code of Federal Regulations parts that comprise the Export Administration Regulations to cite five such annual notices. The five notices, the executive orders to which they relate, and the EAR parts affected by each notice are set forth below.
The notice of January 17, 2013, 78 FR 4303 (January 22, 2013) extended the emergency declared in Executive Order 12947 of January 23, 1995—National Emergency With Respect to Terrorists Who Threaten to Disrupt the Middle East Process, 60 FR 5079, 3 CFR, 1995 Comp., p. 356. This rule revises the authority paragraphs of parts 730 and 744 to cite that notice.
The notice of May 7, 2013, 78 FR 27301 (May 9, 2013) extended the Start Printed Page 76739emergency declared in Executive Order 13338 of May 11, 2004—National Emergency With Respect to the Actions of the Government of Syria, 69 FR 26751, 3 CFR, 2004 Comp., p 168. This rule revises the authority paragraphs of parts 730, 736 and 746 to cite that notice.
The notice of August 8, 2013, 78 FR 49107 (August 12, 2013) extended the emergency declared in Executive Order 13222 of August 17, 2001—National Emergency with Respect to Export Control Regulations, 66 FR 44025, 3 CFR, 2001 Comp., p. 783. This rule revises the authority paragraphs of parts 730 through 744 and parts 746 through 774 to cite that notice.
The notice of September 18, 2013, 78 FR 58151 (September 20, 2013) extended the emergency declared in Executive Order 13224 of September 23, 2001—National Emergency With Respect to Persons Who Commit, Threaten To Commit, Or Support Terrorism, 66 FR 44025, 3 CFR, 2001 Comp., p. 783. This rule revises the authority paragraphs of parts 730 and 744 to cite that notice.
The notice of November 7, 2013, 78 FR 67289 (November 12, 2013) extended the emergency declared in Executive Order 12939 of November 14, 1994—National Emergency With Respect to Weapons of Mass Destruction, 59 FR 59099, 3 CFR, 1994 Comp., p. 950. This rule revises the authority citation paragraphs of parts 730, 734, 736, 742, 744 and 745 to cite that notice.
This rule is purely procedural, and makes no changes other than to revise CFR authority paragraphs for the purpose of making the authority citations current. It does not change the text of any section of the EAR, nor does it alter any right, obligation or prohibition that applies to any person under the EAR.
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 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. 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). This rule does not impose any regulatory burden on the public and is consistent with the goals of Executive Order 13563. This rule has been determined to be not significant for purposes of Executive Order 12866.
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 does not involve any collection of information.
3. This rule does not contain policies with Federalism implications as that term is defined under Executive Order 13132.
4. The Department finds that there is good cause under 5 U.S.C. 553(b)(3)(B) to waive the provisions of the Administrative Procedure Act requiring prior notice and the opportunity for public comment because they are unnecessary. This rule only updates legal authority citations. It clarifies information and is non-discretionary. This rule does not alter any right, obligation or prohibition that applies to any person under the EAR. Because these revisions are not substantive changes, it is unnecessary to provide 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. Because neither the Administrative Procedure Act nor any other law requires that notice of proposed rulemaking and an opportunity for public comment be given for this rule, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable.
Start List of SubjectsList of Subjects
15 CFR Part 730
- Administrative practice and procedure
- Advisory committees
- Exports
- Reporting and recordkeeping requirements
- Strategic and critical materials
15 CFR Parts 732, 740, 748, 750, 752, and 758
- Administrative practice and procedure
- Exports
- Reporting and recordkeeping requirements
15 CFR Part 734
- Administrative practice and procedure
- Exports
- Inventions and patents
- Research
- Science and technology
15 CFR Parts 736, 738, 770, and 772
- Exports
15 CFR Part 742
- Exports
- Terrorism
15 CFR Part 743
- Administrative practice and procedure
- Reporting and recordkeeping requirements
15 CFR Part 744
- Exports
- Reporting and recordkeeping requirements
- Terrorism
15 CFR Part 745
- Administrative practice and procedure
- Chemicals
- Exports
- Foreign trade
- Reporting and recordkeeping requirements
15 CFR Parts 746 and 774
- Exports
- Reporting and recordkeeping requirements
15 CFR Part 747
- Administrative practice and procedure
- Exports
- Foreign trade
- Reporting and recordkeeping requirements
15 CFR Part 754
- Agricultural commodities
- Exports
- Forests and forest products
- Horses
- Petroleum
- Reporting and recordkeeping requirements
15 CFR Part 756
- Administrative practice and procedure
- Exports
- Penalties
15 CFR Part 760
- Boycotts
- Exports
- 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 764
- Administrative practice and procedure
- Exports
- Law enforcement
- Penalties
15 CFR Part 766
- Administrative practice and procedure
- Confidential business information
- Exports
- Law enforcement
- Penalties
15 CFR Part 768
- Administrative practice and procedure
- Exports
- Reporting and recordkeeping requirements
- Science and technology
Accordingly, parts 730, 732, 734, 736, 738, 740, 742, 743, 744, 745, 746, 747, 748, 750, 752, 754, 756, 758, 760, 762, 764, 766, 768, 770, 772 and 774 of the EAR (15 CFR parts 730-774) are amended as follows:
Start PartPART 730—[AMENDED]
End Part Start Amendment Part1. The authority citation for 15 CFR part 730 is revised to read as follows:
End Amendment Part Start PartPART 732—[AMENDED]
End Part Start Amendment Part2. The authority citation for 15 CFR part 732 is revised to read as follows:
End Amendment Part Start PartPART 734—[AMENDED]
End Part Start Amendment Part3. The authority citation for 15 CFR part 734 is revised to read as follows:
End Amendment Part Start PartPART 736—[AMENDED]
End Part Start Amendment Part4. The authority citation for 15 CFR part 736 is revised to read as follows:
End Amendment Part Start PartPART 738—[AMENDED]
End Part Start Amendment Part5. The authority citation for 15 CFR part 738 is revised to read as follows:
End Amendment Part Start PartPART 740—[AMENDED]
End Part Start Amendment Part6. The authority citation for 15 CFR part 740 is revised to read as follows:
End Amendment Part Start PartPART 742—[AMENDED]
End Part Start Amendment Part7. The authority citation for 15 CFR part 742 is revised to read as follows:
End Amendment Part Start PartPART 743—[AMENDED]
End Part Start Amendment Part8. The authority citation for 15 CFR part 743 is revised to read as follows:
End Amendment Part Start PartPART 744—[AMENDED]
End Part Start Amendment Part9. The authority citation for 15 CFR part 744 is revised to read as follows:
End Amendment Part Start PartPART 745—[AMENDED]
End Part Start Amendment Part10. The authority citation for 15 CFR part 745 is revised to read as follows:
End Amendment Part Start PartPART 746—[AMENDED]
End Part Start Amendment Part11. The authority citation for 15 CFR part 746 is revised to read as follows:
End Amendment Part Start Part Start Printed Page 76741PART 747—[AMENDED]
End Part Start Amendment Part12. The authority citation for 15 CFR part 747 is revised to read as follows:
End Amendment Part Start PartPART 748—[AMENDED]
End Part Start Amendment Part13. The authority citation for 15 CFR part 748 is revised to read as follows:
End Amendment Part Start PartPART 750—[AMENDED]
End Part Start Amendment Part14. The authority citation for 15 CFR part 750 is revised to read as follows:
End Amendment Part Start PartPART 752—[AMENDED]
End Part Start Amendment Part15. The authority citation for 15 CFR part 752 is revised to read as follows:
End Amendment Part Start PartPART 754—[AMENDED]
End Part Start Amendment Part16. The authority citation for 15 CFR part 754 is revised to read as follows:
End Amendment Part Start PartPART 756—[AMENDED]
End Part Start Amendment Part17. The authority citation for 15 CFR part 756 is revised to read as follows:
End Amendment Part Start PartPART 758—[AMENDED]
End Part Start Amendment Part18. The authority citation for 15 CFR part 758 is revised to read as follows:
End Amendment Part Start PartPART 760—[AMENDED]
End Part Start Amendment Part19. The authority citation for 15 CFR part 760 is revised to read as follows:
End Amendment Part Start PartPART 762—[AMENDED]
End Part Start Amendment Part20. The authority citation for 15 CFR part 762 is revised to read as follows:
End Amendment Part Start PartPART 764—[AMENDED]
End Part Start Amendment Part21. The authority citation for 15 CFR part 764 is revised to read as follows:
End Amendment Part Start PartPART 766—[AMENDED]
End Part Start Amendment Part22. The authority citation for 15 CFR part 766 is revised to read as follows:
End Amendment Part Start PartPART 768—[AMENDED]
End Part Start Amendment Part23. The authority citation for 15 CFR part 768 is revised to read as follows:
End Amendment Part Start PartPART 770—[AMENDED]
End Part Start Amendment Part24. The authority citation for 15 CFR part 770 is revised to read as follows:
End Amendment Part Start PartPART 772—[AMENDED]
End Part Start Amendment Part25. The authority citation for 15 CFR part 772 is revised to read as follows:
End Amendment Part Start PartPART 774—[AMENDED]
End Part Start Amendment Part26. The authority citation for 15 CFR part 774 is revised to read as follows:
End Amendment Part Start SignatureDated: December 11, 2013.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2013-30116 Filed 12-18-13; 8:45 am]
BILLING CODE 3510-33-P
Document Information
- Effective Date:
- 12/19/2013
- Published:
- 12/19/2013
- Department:
- Industry and Security Bureau
- Entry Type:
- Rule
- Action:
- Final rule.
- Document Number:
- 2013-30116
- Dates:
- The rule is effective December 19, 2013.
- Pages:
- 76738-76741 (4 pages)
- Docket Numbers:
- Docket No. 131114960-3960-01
- RINs:
- 0694-AG01
- Topics:
- Administrative practice and procedure, Advisory committees, Agricultural commodities, Boycotts, Business and industry, Chemicals, Confidential business information, Exports, Foreign trade, Forests and forest products, Horses, Inventions and patents, Law enforcement, Penalties, Petroleum, Reporting and recordkeeping requirements, Research, Science and technology, Strategic and critical materials, Terrorism
- PDF File:
- 2013-30116.pdf
- CFR: (26)
- 15 CFR 730
- 15 CFR 732
- 15 CFR 734
- 15 CFR 736
- 15 CFR 738
- More ...