81 FR 29483 - Removal of Short Supply License Requirements on Exports of Crude Oil
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 81, Issue 92 (May 12, 2016)
Bureau of Industry and Security
Federal Register Volume 81, Issue 92 (May 12, 2016)
| Page Range | 29483-29487 | |
| FR Document | 2016-11047 |
[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)] [Rules and Regulations] [Pages 29483-29487] From the Federal Register Online [www.thefederalregister.org] [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 [email protected], 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: [email protected]. 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
![Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Rules and Regulations 29483
(v) Implement conservation practices Signed this 26th day of April, 2016, in 14th Street & Pennsylvania Avenue
consistent with an approved forest Washington, DC. NW., Room 2705, Washington, DC
management plan when the EQIP plan Jason A. Weller, 20230.
of operations includes forest-related Vice President, Commodity Credit FOR FURTHER INFORMATION CONTACT:
practices that address resource concerns Corporation, and Chief, Natural Resources
Eileen Albanese, Director, Office of
on NIPF, Conservation Service.
National Security and Technology
* * * * * [FR Doc. 2016–10161 Filed 5–11–16; 8:45 am]
Transfer Controls, Bureau of Industry
BILLING CODE 3410–16–P
■ 6. Amend § 1466.25 by revising and Security, Telephone: (202) 482–
paragraphs (b) through (d), 0092, Email: eileen.albanese@
redesignating paragraph (e) as paragraph bis.doc.gov.
DEPARTMENT OF COMMERCE
(f), and adding a new paragraph (e) to SUPPLEMENTARY INFORMATION: The
read as follows: Bureau of Industry and Security Bureau of Industry and Security (BIS) is
amending the Export Administration
§ 1466.25 Contract modifications and
15 CFR Parts 730, 740, 742, 744, 746, Regulations (EAR) to comply with the
transfers of land.
754, 762, 772, and 774 requirements of Division O, Title 1,
* * * * * Section 101 of Public Law 114–113 (the
(b) Within the time specified in the [Docket No. 160302175– 6175– 01] Consolidated Appropriations Act, 2016)
contract, the participant must provide RIN 0694–AG83 concerning exports of crude oil from the
NRCS with written notice regarding any United States. These provisions repeal
voluntary or involuntary loss of control Removal of Short Supply License Section 103 of the Energy Policy and
of any acreage under the EQIP contract, Requirements on Exports of Crude Oil Conservation Act (formerly, 42 U.S.C.
which includes changes in a 6212), which required that the President
participant’s ownership structure or AGENCY: Bureau of Industry and promulgate a rule prohibiting the export
corporate form. Failure to provide Security, Commerce. of crude oil, and mandate, instead, that
timely notice will result in termination ACTION: Final rule. ‘‘notwithstanding any other provision of
of the entire contract. law, except as provided in subsections
SUMMARY: The Bureau of Industry and
(c) Unless NRCS approves a transfer Security (BIS) publishes this final rule (c) and (d) . . . no official of the Federal
of contract rights under this paragraph to amend the Export Administration Government shall impose or enforce any
(c), a participant losing control of any Regulations (EAR) to remove the short restriction on the export of crude oil.’’
acreage will constitute a violation of the supply license requirements that, prior Consistent with this requirement, this
EQIP contract and NRCS will terminate to the entry into force of the final rule amends part 754 of the EAR
the contract and require a participant to ‘‘Consolidated Appropriations Act, by removing and reserving § 754.2,
refund all or a portion of any financial 2016’’ on December 18, 2015, applied to which described the short supply
assistance provided. NRCS may approve exports of crude oil from the United license requirements and licensing
a transfer of the contract if: States. Specifically, this rule removes policies that applied to exports of crude
(1) NRCS receives written notice that the Commerce Control List (CCL) entry oil from the United States to all
identifies the new producer who will destinations. This rule also amends the
and the corresponding short supply
take control of the acreage, as required Commerce Control List (CCL) in
provisions in the EAR that required a
in paragraph (d) of this section; Supplement No. 1 to part 774 of the
license from BIS to export crude oil
(2) The new producer meets program EAR by removing Export Control
from the United States. This rule also
eligibility requirements within a Classification Number (ECCN) 1C981,
amends certain other EAR provisions to
reasonable time frame, as specified in which controlled crude petroleum,
reflect the removal of these short supply
the EQIP contract; including reconstituted crude
license requirements. The changes made
(3) The new producer agrees to petroleum, tar sands and crude shale oil
by this rule are intended to bring the
assume the rights and responsibilities listed in Supplement No. 1 to part 754
provisions of the EAR into full
for the acreage under the contract; and of the EAR (Crude Petroleum and
compliance with the act, which
Petroleum Products). In addition, this
(4) NRCS determines that the mandates that, apart from certain
rule moves the definition of ‘‘crude oil,’’
purposes of the program will continue exemptions specified therein, ‘‘no
which previously appeared in § 754.2(a)
to be met despite the original official of the Federal Government shall
of the EAR, to § 772.1 (Definitions of
participant’s losing control of all or a impose or enforce any restriction on the
terms as used in the Export
portion of the land under contract. export of crude oil.’’ Consistent with the
Administration Regulations (EAR)),
(d) Until NRCS approves the transfer exceptions in the act, exports of crude
because it continues to have relevance
of contract rights, the new producer is oil continue to require authorization
with respect to the end-user/end-use
not a participant in the program and from BIS to embargoed or sanctioned
requirements in part 744 of the EAR and
may not receive payment for countries or persons and to persons
the embargoes and other special
conservation activities commenced subject to a denial of export privileges.
controls in part 746 of the EAR. The
prior to approval of the contract DATES: This rule is effective May 12,
scope of this definition remains
transfer. 2016. unchanged.
(e) NRCS may not approve a contract ADDRESSES: Send comments regarding The effect of the changes described
transfer and may terminate the contract this collection of information, including above is to remove the short supply
jstallworth on DSK7TPTVN1PROD with RULES
in its entirety if NRCS determines that suggestions for reducing the burden, to license requirements previously
the loss of control is voluntary, the new Jasmeet Seehra, Office of Management applicable to crude oil, as controlled
producer is not eligible or willing to and Budget (OMB), by email to Jasmeet_ under ECCN 1C981, thereby making
assume responsibilities under the K._Seehra@omb.eop.gov, or by fax to crude oil an EAR99 item (i.e., subject to
contract, or the purposes of the program (202) 395–7285; and to the Regulatory the EAR, as described in § 734.3(a), but
cannot be met. Policy Division, Bureau of Industry and no longer listed on the CCL). As such,
* * * * * Security, Department of Commerce, crude oil exports will now be treated
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![Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Rules and Regulations 29485
caused by this contradiction likely List of Subjects PART 730—[AMENDED]
would result in unnecessary delays,
15 CFR Part 730
which also can involve significant ■ 1. The authority citation for part 730
economic costs. Administrative practice and is revised to read as follows:
The provision of the Administrative procedure, Advisory committees,
Procedure Act (APA) (5 U.S.C. 553) Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.
Exports, Reporting and recordkeeping
requiring a 30-day delay in effectiveness 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
requirements, Strategic and critical
is also waived for good cause. (5 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151 note;
materials.
553(d)(3)). The amendments to the EAR 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42
15 CFR Part 740 U.S.C. 2139a; 15 U.S.C. 1824a; 50 U.S.C.
contained in this final rule are required
4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
to make the EAR conform to the Administrative practice and E.O. 11912, 41 FR 15825, 3 CFR, 1976 Comp.,
Congressional mandate in Public Law procedure, Exports, Reporting and p. 114; E.O. 12002, 42 FR 35623, 3 CFR, 1977
114–113, which states that ‘‘except as recordkeeping requirements. Comp., p. 133; E.O. 12058, 43 FR 20947, 3
provided in subsections (c) and (d) . . . CFR, 1978 Comp., p. 179; E.O. 12214, 45 FR
no official of the Federal Government 15 CFR Part 742
29783, 3 CFR, 1980 Comp., p. 256; E.O.
shall impose or enforce any restrictions Administrative practice and 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
on the export of crude oil.’’ A delay of procedure, Chemicals, Exports, Foreign 608; E.O. 12854, 58 FR 36587, 3 CFR, 1993
this rulemaking to allow for a 30-day trade, Reporting and recordkeeping Comp., p. 179; E.O. 12918, 59 FR 28205, 3
delay in effectiveness would be requirements. CFR, 1994 Comp., p. 899; E.O. 12938, 59 FR
‘‘unnecessary,’’ within the context of the 59099, 3 CFR, 1994 Comp., p. 950; E.O.
APA, because continuance of the 15 CFR Part 744 12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
controls in § 754.2 of the EAR would be Exports, Foreign trade, Reporting and 356; E.O. 12981, 60 FR 62981, 3 CFR, 1995
contrary to the explicit mandate in recordkeeping requirements. Comp., p. 419; E.O. 13020, 61 FR 54079, 3
Public Law 114–113 and, as such, CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR
would not serve the public interest. A 15 CFR Part 746 58767, 3 CFR, 1996 Comp., p. 228; E.O.
delay of this rulemaking to allow for a 13099, 63 FR 45167, 3 CFR, 1998 Comp., p.
Exports, Reporting and recordkeeping
30-day delay in effectiveness, also 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001
requirements. Comp., p. 783; E.O. 13224, 66 FR 49079, 3
would be ‘‘contrary to the public
interest,’’ within the context of the APA, 15 CFR Part 754 CFR, 2001 Comp., p. 786; E.O. 13338, 69 FR
because such a delay would result in 26751, 3 CFR, 2004 Comp., p 168; E.O.
Agricultural commodities, Exports, 13637, 78 FR 16129, 3 CFR, 2014 Comp., p.
unnecessary confusion caused by the Forests and forest products, Horses,
contradiction between the EAR’s short 223; Notice of May 6, 2015, 80 FR 26815
Petroleum, Reporting and recordkeeping (May 8, 2015); Notice of August 7, 2015, 80
supply license requirements for crude
requirements. FR 48233 (August 11, 2015); Notice of
oil and the Congressional mandate in
September 18, 2015, 80 FR 57281 (September
Public Law 114–113, as described 15 CFR Part 762
22, 2015); Notice of November 12, 2015, 80
above. In addition, any delay to allow
Administrative practice and FR 70667 (November 13, 2015); Notice of
for notice and comment would be January 20, 2016, 81 FR 3937 (January 22,
procedure, Business and industry,
contrary to the public interest, as stated 2016).
Confidential business information,
in Public Law 114–113 and reiterated
Exports, Reporting and recordkeeping Supplement No. 1 to Part 730—
above.
Further, no other law requires that a requirements. [Amended]
notice of proposed rulemaking and an 15 CFR Part 772
opportunity for public comment be ■ 2. Supplement No. 1 to part 730 is
given for this final rule. Because a Exports. amended by revising the entries for
notice of proposed rulemaking and an 15 CFR Part 774 Collection number ‘‘0694–0137’’ and
opportunity for public comment are not Collection number ‘‘0607–0152’’ to read
required to be given for this rule under Exports, Reporting and recordkeeping as follows:
the Administrative Procedure Act or by requirements.
Supplement No. 1 to Part 730—
any other law, the analytical For the reasons stated in the
Information Collection Requirements
requirements of the Regulatory preamble, parts 730, 740, 742, 744, 746,
Under the Paperwork Reduction Act:
Flexibility Act (5 U.S.C. 601 et seq.) are 754, 762, 772, and 774 of the Export
OMB Control Numbers
not applicable. Therefore, this Administration Regulations (15 CFR
regulation is issued in final form. parts 730–774) are amended as follows: * * * * *
Collection No. Title Reference in the EAR
* * * * * * *
0694–0137 ........ License Exceptions and Exclusions ........ § 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.
0607–0152 ........ Automated Export System (AES) Pro- §§ 740.1(d), 740.3(a)(3), 754.4(c), 758.1, 758.2, and 758.3 of the EAR.
gram.
jstallworth on DSK7TPTVN1PROD with RULES
PART 740—[AMENDED] Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. Comp., p. 783; Notice of August 7, 2015, 80
1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. FR 48233 (August 11, 2015).
■ 3. The authority citation for part 740 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 ■ 4. Section 740.15 is amended by
continues to read as follows: revising paragraph (b)(3) introductory
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![29486 Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Rules and Regulations
text and by removing the note to § 744.7 Restrictions on certain exports to Supplement No. 1 to Part 754—Crude
paragraph (c)(3). and for the use of certain foreign vessels Petroleum and Petroleum Products
or aircraft.
The revision reads as follows: This Supplement provides relevant
* * * * * Schedule B numbers and commodity
§ 740.15 Aircraft, vessels, and spacecraft (b) * * *
(AVS). (3) * * * descriptions for crude oil (EAR99) and
(i) Fuel, including crude oil, for petroleum products other than crude
* * * * * oil that are controlled by ECCN 1C980,
(b) * * * petroleum products other than crude oil
that are of non-Naval Petroleum 1C982, 1C983, or 1C984. * * *
(3) Ship and plane stores. Usual and Reserves origin or derivation (see * * * * *
reasonable kinds and quantities of the § 754.3 of the EAR), and blends of crude
following commodities may be exported Supplement No. 3 to Part 754—
oil with such petroleum products; [Removed and Reserved]
for use or consumption on board an (ii) Deck, engine, and steward
aircraft or vessel of any registry during department stores, provisions, and ■ 15. Supplement No. 3 to part 754 is
the outgoing and immediate return supplies for both port and voyage removed and reserved.
flight or voyage. requirements, provided that any
* * * * * petroleum products other than crude oil PART 762—[AMENDED]
which are listed in Supplement No. 1 to
PART 742—[AMENDED] ■ 16. The authority citation for part 762
part 754 of the EAR are of non-Naval
continues to read as follows:
Petroleum Reserves origin or derivation
■ 5. The authority citation for part 742 (see § 754.3 of the EAR); Authority: 50 U.S.C. 4601 et seq.; 50
continues to read as follows: U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
* * * * * 3 CFR, 2001 Comp., p. 783; Notice of August
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. 7, 2015, 80 FR 48233 (August 11, 2015).
PART 746—[AMENDED]
2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; § 762.2 [Amended]
Sec. 1503, Pub. L. 108–11, 117 Stat. 559; E.O. ■ 9. The authority citation for part 746
12058, 43 FR 20947, 3 CFR, 1978 Comp., p. continues to read as follows: ■ 17. Section 762.2 is amended by
179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 removing and reserving paragraph
Comp., p. 608; E.O. 12938, 59 FR 59099, 3 Authority: 50 U.S.C. 4601 et seq.; 50
(b)(39).
CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503,
58767, 3 CFR, 1996 Comp., p. 228; E.O. Pub. L. 108–11, 117 Stat. 559; 22 U.S.C. 6004;
PART 772—[AMENDED]
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
783; Presidential Determination 2003–23, 68 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. ■ 18. The authority citation for part 772
FR 26459, 3 CFR, 2004 Comp., p. 320; Notice 614; E.O. 12918, 59 FR 28205, 3 CFR, 1994
Comp., p. 899; E.O. 13222, 66 FR 44025, 3
continues to read as follows:
of August 7, 2015, 80 FR 48233 (August 11,
2015); Notice of November 12, 2015, 80 FR CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR Authority: 50 U.S.C. 4601 et seq.; 50
70667 (November 13, 2015). 26751, 3 CFR, 2004 Comp., p 168; U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
Presidential Determination 2003–23, 68 FR 3 CFR, 2001 Comp., p. 783; Notice of August
§ 742.1 [Amended] 26459, 3 CFR, 2004 Comp., p. 320; 7, 2015, 80 FR 48233 (August 11, 2015).
Presidential Determination 2007–7, 72 FR
■ 6. In § 742.1, remove the phrase ■ 19. Section 772.1 is amended by
1899, 3 CFR, 2006 Comp., p. 325; Notice of
‘‘1C981 (Crude petroleum, including May 6, 2015, 80 FR 26815 (May 8, 2015); adding in alphabetical order a definition
reconstituted crude petroleum, tar Notice of August 7, 2015, 80 FR 48233 for crude oil to read as follows:
sands, and crude shale oil);’’ where it (August 11, 2015).
§ 772.1 Definitions of terms as used in the
appears in the second sentence of § 746.7 [Amended] Export Administration Regulations (EAR).
paragraph (b)(1). * * * * *
■ 10. In § 746.7, remove ‘‘1C981,’’ where
Crude oil. A mixture of hydrocarbons
PART 744—[AMENDED] it appears in paragraph (a)(1).
that existed in liquid phase in
PART 754—[AMENDED] underground reservoirs, remains liquid
■ 7. The authority citation for part 744 at atmospheric pressure (after passing
continues to read as follows: ■ 11. The authority citation for part 754 through surface separating facilities),
Authority: 50 U.S.C. 4601 et seq.; 50 is revised to read as follows: and has not been processed through a
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; crude oil distillation tower. Crude oil
42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 Authority: 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. includes reconstituted crude petroleum,
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
7430(e); 15 U.S.C. 1824a; E.O. 11912, 41 FR lease condensate, and liquid
1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 15825, 3 CFR, 1976 Comp., p. 114; E.O. hydrocarbons produced from tar sands,
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. gilsonite, and oil shale. Drip gases are
12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 783; Notice of August 7, 2015, 80 FR 48233 also included, but topped crude oil,
356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 (August 11, 2015). residual oil, and other finished and
Comp., p. 228; E.O. 13099, 63 FR 45167, 3 § 754.1 [Amended] unfinished oils are excluded.
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR * * * * *
44025, 3 CFR, 2001 Comp., p. 783; E.O. ■ 12. Section 754.1 is amended by
13224, 66 FR 49079, 3 CFR, 2001 Comp., p. removing and reserving paragraph PART 774—[AMENDED]
786; Notice of August 7, 2015, 80 FR 48233 (b)(1)(i).
jstallworth on DSK7TPTVN1PROD with RULES
(August 11, 2015); Notice of September 18, ■ 20. The authority citation for part 774
2015, 80 FR 57281 (September 22, 2015); § 754.2 [Removed]
is revised to read as follows:
Notice of November 12, 2015, 80 FR 70667 ■ 13. Section 754.2 is removed and
(November 13, 2015); Notice of January 20, Authority: 50 U.S.C. 4601 et seq.; 50
reserved. U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
2016, 81 FR 3937 (January 22, 2016).
■ 14. In Supplement No. 1 to part 754, 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
■ 8. In § 744.7, revise paragraphs revise the first sentence in the seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15
(b)(3)(i) and (ii) to read as follows: introductory text to read as follows: U.S.C. 1824a; 50 U.S.C. 4305; 22 U.S.C. 7201
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![Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Rules and Regulations 29487
et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR opportunity for a hearing or to Administration (DEA) for public
58767, 3 CFR, 1996 Comp., p. 228; E.O. participate in a hearing must be inspection online at http://
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. received on or before June 13, 2016. www.regulations.gov. Such information
783; Notice of August 7, 2015, 80 FR 48233 includes personal identifying
(August 11, 2015). ADDRESSES: To ensure proper handling
of comments, please reference ‘‘Docket information (such as your name,
Supplement No. 1 to Part 774— No. DEA–435’’ on all correspondence, address, etc.) voluntarily submitted by
[Amended] including any attachments. the commenter. The Freedom of
• Electronic comments: The Drug Information Act (FOIA) applies to all
■ 21. In Supplement No. 1 to Part 774 comments received. If you want to
Enforcement Administration encourages
(the Commerce Control List), ECCN submit personal identifying information
that all comments be submitted
1C981 is removed. (such as your name, address, etc.) as
electronically through the Federal
Dated: May 5, 2016. eRulemaking Portal, which provides the part of your comment, but do not want
Eric L. Hirschhorn, ability to type short comments directly it to be made publicly available, you
Under Secretary for Industry and Security. into the comment field on the Web page must include the phrase ‘‘PERSONAL
[FR Doc. 2016–11047 Filed 5–11–16; 8:45 am] or attach a file for lengthier comments. IDENTIFYING INFORMATION’’ in the
Please go to http://www.regulations.gov first paragraph of your comment. You
BILLING CODE 3510–33–P
and follow the online instructions at must also place all of the personal
that site for submitting comments. Upon identifying information you do not want
completion of your submission, you will made publicly available in the first
DEPARTMENT OF JUSTICE paragraph of your comment and identify
receive a Comment Tracking Number for
Drug Enforcement Administration your comment. Please be aware that what information you want redacted.
submitted comments are not If you want to submit confidential
instantaneously available for public business information as part of your
21 CFR Part 1308
view on Regulations.gov. If you have comment, but do not want it to be made
[Docket No. DEA–435]
received a Comment Tracking Number, publicly available, you must include the
your comment has been successfully phrase ‘‘CONFIDENTIAL BUSINESS
Schedules of Controlled Substances: INFORMATION’’ in the first paragraph
Placement of Brivaracetam Into submitted and there is no need to
resubmit the same comment. of your comment. You must also
Schedule V prominently identify the confidential
• Paper comments: Paper comments
AGENCY: Drug Enforcement that duplicate the electronic submission business information to be redacted
Administration, Department of Justice. are not necessary and are discouraged. within the comment.
Comments containing personal
ACTION: Interim final rule, with request Should you wish to mail a paper
identifying information and confidential
for comments. comment in lieu of an electronic
business information identified as
comment, it should be sent via regular
directed above will generally be made
SUMMARY: The Drug Enforcement or express mail to: Drug Enforcement
publicly available in redacted form. If a
Administration is placing the substance Administration, Attn: DEA Federal comment has so much confidential
brivaracetam ((2S)-2-[(4R)-2-oxo-4- Register Representative/ODW, 8701 business information or personal
propylpyrrolidin-1-yl] butanamide) Morrissette Drive, Springfield, VA identifying information that it cannot be
(also referred to as BRV; UCB–34714; 22152. effectively redacted, all or part of that
Briviact) (including its salts) into • Hearing requests: All requests for
comment may not be made publicly
schedule V of the Controlled Substances hearing and waivers of participation
available. Comments posted to http://
Act. This scheduling action is pursuant must be sent to: Drug Enforcement
www.regulations.gov may include any
to the Controlled Substances Act, as Administration, Attn: Administrator,
personal identifying information (such
revised by the Improving Regulatory 8701 Morrissette Drive, Springfield,
as name, address, and phone number)
Transparency for New Medical Virginia 22152. All requests for hearing
included in the text of your electronic
Therapies Act which was signed into and waivers of participation should also
submission that is not identified as
law on November 25, 2015. be sent to: (1) Drug Enforcement
directed above as confidential.
DATES: The effective date of this Administration, Attn: Hearing Clerk/LJ, An electronic copy of this document
rulemaking is May 12, 2016. Interested 8701 Morrissette Drive, Springfield, and supplemental information,
persons may file written comments on Virginia 22152; and (2) Drug including the complete Department of
this rulemaking in accordance with 21 Enforcement Administration, Attn: DEA Health and Human Services and Drug
CFR 1308.43(g). Electronic comments Federal Register Representative/ODW, Enforcement Administration eight-factor
must be submitted, and written 8701 Morrissette Drive, Springfield, analyses, to this interim final rule are
comments must be postmarked, on or Virginia 22152. available at http://www.regulations.gov
before June 13, 2016. Commenters FOR FURTHER INFORMATION CONTACT: for easy reference.
should be aware that the electronic Barbara J. Boockholdt, Office of
Federal Docket Management System Diversion Control, Drug Enforcement Request for Hearing, Notice of
will not accept comments after 11:59 Administration; Mailing Address: 8701 Appearance at Hearing, or Waiver of
p.m. Eastern Time on the last day of the Morrissette Drive, Springfield, Virginia Participation in Hearing
comment period. 22152; Telephone: (202) 598–6812. Pursuant to 21 U.S.C. 811(a), this
Interested persons, defined at 21 CFR SUPPLEMENTARY INFORMATION: action is a formal rulemaking ‘‘on the
jstallworth on DSK7TPTVN1PROD with RULES
1300.01 as those ‘‘adversely affected or record after opportunity for a hearing.’’
aggrieved by any rule or proposed rule Posting of Public Comments Such proceedings are conducted
issuable pursuant to section 201 of the Please note that all comments pursuant to the provisions of the
Act (21 U.S.C. 811),’’ may file a request received are considered part of the Administrative Procedure Act (APA), 5
for hearing or waiver of hearing public record. They will, unless U.S.C. 551–559. 21 CFR 1308.41–
pursuant to 21 CFR 1308.44. Requests reasonable cause is given, be made 1308.45; 21 CFR part 1316, subpart D.
for hearing and waivers of an available by the Drug Enforcement In accordance with 21 CFR 1308.44(a)–
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Document Created: 2016-05-12 01:07:47
Document Modified: 2016-05-12 01:07:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective May 12, 2016. | |
| Contact | Eileen Albanese, Director, Office of National Security and Technology Transfer Controls, Bureau of Industry and Security, Telephone: (202) 482-0092, Email: [email protected] | |
| FR Citation | 81 FR 29483 | |
| RIN Number | 0694-AG83 | |
| CFR Citation | 15
CFR
730 15 CFR 740 15 CFR 742 15 CFR 744 15 CFR 746 15 CFR 754 15 CFR 762 15 CFR 772 15 CFR 774 | |
| CFR Associated | Administrative Practice and Procedure; Advisory Committees; Exports; Reporting and Recordkeeping Requirements; Strategic and Critical Materials; Chemicals; Foreign Trade; Agricultural Commodities; Forests and Forest Products; Horses; Petroleum; Business and Industry and Confidential Business Information |
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