Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Rules and Regulations 77115 

[FR Doc. 2011–31217 Filed 12–9–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 732, 736, 738, 740, 742, 

746, and 774 

[Docket No. 110627356–1475–01] 

RIN 0694–AF29 

Amendments to the Export 

Administration Regulations: 

Facilitating Enhanced Public 

Understanding of the Provisions That 

Implement the Comprehensive U.S. 

Sanctions on Syria 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: In this rule, the Bureau of 

Industry and Security (BIS) amends the 

Export Administration Regulations 

(EAR) by moving the substantive 

provisions of the comprehensive 

sanctions on Syria from General Order 

No. 2 in Supplement No. 1 to part 736 

to a revised § 746.9. This rule also 

includes conforming changes to the 

EAR. This rule will facilitate 

compliance with the comprehensive 

sanctions on Syria. 

DATES: This rule is effective December 

12, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Director, Foreign Policy Division, Office 

of Nonproliferation and Treaty 

Compliance, Bureau of Industry and 

Security, (202) 482–4252. 

SUPPLEMENTARY INFORMATION: 

Background 

Amendments to Parts 736 and 746 of 

the Export Administration Regulations 

In this rule, the Bureau of Industry 

and Security (BIS) amends the Export 

Administration Regulations (EAR) by 

moving the substantive provisions of the 

comprehensive sanctions on Syria from 

General Order No. 2 in Supplement No. 

1 to part 736 to a revised Section 746.9. 

In General Order No. 2 of May 14, 2004, 

BIS implemented the U.S. sanctions on 

Syria pursuant to the Syria 

Accountability and Lebanese 

Sovereignty Restoration Act of 2003 

(SAA) and the International Emergency 

Economic Powers Act (IEEPA). Part 746 

of the EAR addresses embargoes and 

other special controls and is therefore 

the most appropriate place for the 

comprehensive sanctions against Syria. 

For this reason, part 746 previously 

contained a cross reference to the Syria 

provisions in General Order No. 2 at 

section 746.9. BIS is removing the cross 

reference and replacing it with the 

substantive provisions previously set 

forth in the General Order. As a result, 

the Syria controls will be included in 

part 746 along with the controls 

applicable to other embargoed and 

sanctioned countries. As noted below, 

certain Syria controls continue to be set 

forth in section 742.9 of the EAR, and 

section 746.9 supersedes the substantive 

provisions of section 742.9. These 

changes will facilitate compliance with 

the comprehensive U.S. sanctions on 

Syria. 

Although all the substantive 

provisions from General Order No. 2 are 

being included in part 746, BIS is 

maintaining certain provisions relating 

to the sanctions against Syria in the 

General Order at this time because of 

wording in Executive Order 13338. That 

Executive Order invokes the waiver 

authority granted to the President in the 

SAA by waiving application of certain 

prohibitions of the SAA ‘‘so as to permit 

the exportation or reexportation of 

certain items as specified in the 

Department of Commerce’s General 

Order No. 2 to Supplement No. 1 

* * *.’’ Because of this cross reference 

to General Order No. 2 in the Executive 

Order, BIS is maintaining in the General 

Order the waiver provisions referenced 

in the Executive Order. 

This rule also makes conforming 

changes to the EAR for the amendments 

to Supplement No. 1 to part 736, 

General Order No. 2, and Section 746.9. 

Conforming Changes: Parts 732, 736, 

738, 740, 742, and 774 

This rule amends sections 732.1 

(Steps overview), 740.2 (Restrictions on 

all License Exceptions), and 740.9 

(Temporary imports, exports, and 

reexports) of the EAR. Specifically, 

Syria is now listed in paragraphs 

732.1(d)(2), 732.1(d)(3), 732.3(d)(4), 

732.3(i), 740.2(a)(6), and 740.9(a)(2). 

This rule also amends Section 742.9 

(Anti-terrorism: Syria) and Supplement 

No. 1 to part 738—Commerce Country 

Chart. Paragraph (e) of Section 742.9 

and the sentence that appears in the 

entry for Syria in the Commerce 

Country Chart now direct the public to 

revised Section 746.9, which provides 

export and reexport license 

requirements, licensing policy and 

license exceptions as applied to Syria. 

Finally, this rule amends the entries 

on the Commerce Control List in 

Supplement No. 1 to part 774 of the 

EAR for items controlled by Export 

Control Classification Numbers 1C350, 

1C355 and 1C395. The rule removes a 

statement in the License Requirements 

section of those entries that directed 

exporters to Supplement No. 1 to part 

736 of the EAR for controls on Syria. 

Since August 21, 2001, the Export 

Administration Act (the Act) has been 

in lapse and the President, through 

Executive Order 13222 of August 17, 

2001 (3 CFR, 2001 Comp. 783 (2002)), 

which has been extended by successive 

Presidential Notices, the most recent 

being that of August 12, 2011 (76 FR 

50,661 (Aug. 16, 2011)), has continued 

the Regulations in effect under the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701 et seq. 

(2000)). BIS continues to carry out the 

provisions of the Act, as appropriate 

and to the extent permitted by law, 

pursuant to Executive Order 13222. 

Rulemaking Requirements 

1. Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has been designated a ‘‘significant 

regulatory action,’’ although not 

economically significant, under section 

3(f) of Executive Order 12866. 

Accordingly, the rule has been reviewed 

by the Office of Management and 

Budget. 

2. Notwithstanding any other 

provisions of law, no person is required 

to respond to nor be subject to a penalty 

for failure to comply with a collection 

of information, subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This rule does 

not involve a collection of information 

and, therefore, does not implicate 

requirements of the PRA. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. The Department finds that the 

provisions of the Administrative 

Procedure Act (5 U.S.C. 553) requiring 

prior notice, the opportunity for public 

participation, and a delay in effective 

date are inapplicable because the 

Department for good cause finds that 

prior notice and opportunity for public 

mstockstill on DSK4VPTVN1PROD with RULES

77116 Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Rules and Regulations 

comment are unnecessary (5 U.S.C. 

553(b)(B)). It is unnecessary to provide 

prior notice and an opportunity for 

public comment in issuing this notice 

because the notice does not make any 

substantive changes to the Regulations. 

This rule simply reorganizes certain 

Syria-related provisions of the EAR. The 

provisions are currently in a General 

Order and the public is directed to them 

through a cross-reference in the EAR 

section addressing embargoes and 

special controls. This rule places the 

Syria provisions into the EAR section 

addressing embargoes and special 

controls, replacing the existing crossreference. All controls in place 

pertaining to Syria remain in place and 

no new controls have been added. 

Therefore, this regulation is issued in 

final form. In addition, the Department 

finds good cause under 5 U.S.C. 

553(d)(3) to waive the 30-day delay in 

effectiveness. The controls at issue have 

been in effect since 2004 and the public 

has been expected to be in compliance 

with the provisions since that time. 

Thus, because the controls on Syria are 

not changed by this rule, there is no 

need to delay the effectiveness of the 

rule to allow the regulated public time 

to come into compliance. Accordingly, 

this regulation is made effective 

immediately upon publication. 

No other law requires that a notice of 

proposed rulemaking and an 

opportunity for public comments 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. 

List of Subjects 

15 CFR Parts 732 and 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Parts 736 and 738 

Exports. 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 746 and 774 

Exports, Reporting and recordkeeping 

requirements. 

Accordingly, parts 732, 736, 738, 740, 

742, 746 and 774 of the Export 

Administration Regulations (15 CFR 

parts 730–774) are amended as follows: 

PART 732—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 732 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 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 12, 2011 (76 FR 50661 (Aug. 16, 

2011)). 

§ 732.1 [Amended] 

■ 2. Section 732.1 is amended by: 

■ a. Removing the phrase ‘‘, and Three 

(Foreign-Produced Direct Product 

Reexports) for all countries except: 

Cuba, Iran, and North Korea.’’ in the 

next to last sentence of paragraph (d)(2) 

and adding in its place ‘‘, and Three 

(Foreign-Produced Direct Product 

Reexports) for all countries except: 

Cuba, Iran, North Korea, and Syria.’’; 

and 

■ b. Removing the parenthetical phrase 

‘‘(e.g., Cuba, Iran, and North Korea)’’ in 

paragraph (d)(3) and adding in its place 

‘‘(e.g., Cuba, Iran, North Korea and 

Syria)’’. 

■ 3. Section 732.3 is amended by 

revising paragraphs (d)(4) and (i) to read 

as follows: 

§ 732.3 Steps regarding the ten general 

prohibitions. 

* * * * * 

(d) * * * 

(4) Destinations subject to embargo 

and other special controls provisions. 

The Country Chart does not apply to 

Cuba, Iran, North Korea, and Syria. For 

those countries you should review the 

provisions at part 746 of the EAR and 

may skip this step concerning the 

Country Chart. For Iraq and Rwanda, the 

Country Chart provides for certain 

license requirements, and part 746 of 

the EAR provides additional 

requirements. 

* * * * * 

(i) Step 14: Embargoed countries and 

special destinations. If your destination 

for any item is Cuba, Iran, Iraq, North 

Korea, Rwanda, or Syria you must 

consider the requirements of parts 742 

and 746 of the EAR. Unless otherwise 

indicated, General Prohibition Six 

(Embargo) applies to all items subject to 

the EAR, i.e. both items on the CCL and 

within EAR99. You may not make an 

export or reexport contrary to the 

provisions of part 746 of the EAR 

without a license unless: 

* * * * * 

PART 736—[AMENDED] 

■ 4. The authority citation for 15 CFR 

part 736 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 2151 note; E.O. 

12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 

950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 

Comp., p. 219; E.O. 13026, 61 FR 58767, 3 

CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 

44025, 3 CFR, 2001 Comp., p. 783; E.O. 

13338, 69 FR 26751, 3 CFR, 2004 Comp., p. 

168; Notice of August 12, 2011 (76 FR 50661 

(Aug. 16, 2011)); Notice of November 4, 2010, 

75 FR 68673 (November 8, 2010). 

■ 5. Supplement No. 1 to part 736— 

General Order No. 2—is revised to read 

as follows: 

Supplement No. 1 to Part 736—General 

Orders 

* * * * * 

General Order No. 2; Section 5(b) of the 

Syria Accountability and Lebanese 

Sovereignty Restoration Act of 2003 (SAA) 

gives the President authority to waive the 

application of certain prohibitions set forth 

in the SAA if the President determines that 

it is in the national security interest of the 

United States to do so. The President made 

such a determination in Executive Order 

13338, finding that it was ‘‘in the national 

security interest of the United States to waive 

application of subsection 5(a)(1) and 

5(a)(2)(A) of the SAA so as to permit the 

exportation or reexportation of certain items 

as specified in the Department of 

Commerce’s General Order No. 2.’’ The 

President’s reference to General Order No. 2 

addresses applications to export and reexport 

the following items, which are considered on 

a case-by-case basis as opposed to the general 

policy of denial set forth in section 746.9 of 

the Regulations: items in support of 

activities, diplomatic or otherwise, of the 

United States Government (to the extent that 

regulation of such exportation or 

reexportation would not fall within the 

President’s constitutional authority to 

conduct the nation’s foreign affairs); 

medicine (on the CCL) and medical devices 

(both as defined in part 772 of the EAR); 

parts and components intended to ensure the 

safety of civil aviation and the safe operation 

of commercial passenger aircraft; aircraft 

chartered by the Syrian Government for the 

transport of Syrian Government officials on 

official Syrian Government business; 

telecommunications equipment and 

associated computers, software and 

technology; and items in support of United 

Nations operations in Syria. The total dollar 

value of each approved license for aircraft 

parts for flight safety normally will be limited 

to no more than $2 million over the 24- 

month standard license term, except in the 

case of complete overhauls. 

Note to General Order No. 2: The controls 

for exports and reexports to Syria are set 

forth in § 746.9 of the EAR. 

* * * * * 

PART 738—[AMENDED] 

■ 6. The authority citation for 15 CFR 

part 738 continues to read as follows: 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Rules and Regulations 77117 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 

7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et 

seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 

42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 

1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 

U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of August 12, 2011 (76 

FR 50661 (Aug. 16, 2011)). 

■ 7. Supplement No. 1 to part 738— 

Commerce Country Chart—is amended 

by revising the sentence that appears in 

the entry for ‘‘Syria’’ to read ‘‘See 

§ 746.9 of the EAR to determine whether 

a license is required in order to export 

or reexport to this destination.’’ 

PART 740—[AMENDED] 

■ 8. The authority citation for 15 CFR 

part 740 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 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 12, 2011 (76 

FR 50661 (Aug. 16, 2011)). 

■ 9. Section 740.2 is amended by 

revising paragraph (a)(6) to read as 

follows: 

§ 740.2 Restriction on all License 

Exceptions. 

(a) * * * 

(6) The export or reexport is to a 

sanctioned destination (Cuba, Iran, 

North Korea, and Syria), unless a license 

exception or portion thereof is 

specifically listed in the license 

exceptions paragraph pertaining to a 

particular sanctioned country in part 

746 of the EAR. 

* * * * * 

■ 10. Section 740.9 is amended by: 

■ (a) Revising the heading and first 

sentence of paragraph (a)(2)(i)(A) to read 

as set forth below. 

■ (b) Removing the clause in paragraph 

(a)(2)(viii)(A), ‘‘to Country Groups D:1 

or E:2, or Sudan (see supplement No. 1 

to part 740) if the commodities:’’, and 

adding in its place ‘‘to Country Groups 

D:1 or E:2, Sudan, or Syria (see 

Supplement No. 1 to part 740) if the 

commodities:’’ 

§ 740.9 Temporary imports, exports, and 

reexports (TMP). 

(a) * * * 

(2) * * * 

(i) * * * 

(A) Destinations other than Country 

Group E:2, Sudan or Syria. Exports and 

reexports of tools of trade for use by the 

exporter or employees of the exporter 

may be made only to destinations other 

than Country Group E:2, Sudan, or 

Syria. * * * 

* * * * * 

PART 742—[AMENDED] 

■ 11. The authority citation for 15 CFR 

part 742 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 

42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 

U.S.C. 7210; Sec 1503, Pub. L. 108–11, 117 

Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 

1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 

3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 

FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Presidential Determination 

2003–23 of May 7, 2003, 68 FR 26459, May 

16, 2003; Notice of August 12, 2011 (76 FR 

50661 (Aug. 16, 2011)); Notice of November 

4, 2010, 75 FR 68673 (November 8, 2010). 

■ 12. Section 742.1 is amended by 

revising the last sentence of paragraph 

(d) to read as follows: 

§ 742.1 Introduction. 

* * * * * 

(d) * * * If you are exporting or 

reexporting to Cuba, Iran, North Korea, 

or Syria, you should review part 746 of 

the EAR, Embargoes and Other Special 

Controls. 

* * * * * 

■ 13. Section 742.9 is amended by 

revising paragraph (e) to read as follows: 

§ 742.9 Anti-terrorism: Syria. 

* * * * * 

(e) Section 746.9 (Syria) of the EAR 

sets forth the export and reexport 

controls for Syria. Section 746.9 

supersedes the provisions of paragraphs 

(a) through (d) of this section. 

PART 746—[AMENDED] 

■ 14. The authority citation for 15 CFR 

part 746 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503, 

Pub. L. 108–11, 117 Stat. 559; 22 U.S.C. 6004; 

22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 

614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 

Comp., p. 899; E.O. 13222, 3 CFR, 2001 

Comp., p. 783; Presidential Determination 

2003–23 of May 7, 2003, 68 FR 26459, May 

16, 2003; Presidential Determination 2007–7 

of December 7, 2006, 72 FR 1899 (January 16, 

2007); August 12, 2011 (76 FR 50661 (Aug. 

16, 2011)). 

■ 15. Section 746.1 is amended by 

revising paragraph (a) introductory text 

and adding paragraph (a)(3) to read as 

follows: 

§ 746.1 Introduction. 

* * * * * 

(a) Comprehensive controls. This part 

contains or refers to all the BIS licensing 

requirements, licensing policies, and 

License Exceptions for countries subject 

to general embargoes or comprehensive 

sanctions, currently Cuba, Iran, and 

Syria. This part is the focal point for all 

the EAR requirements for transactions 

involving these countries. 

* * * * * 

(3) Syria. Pursuant to Sections 5(a)(1) 

and 5(a)(2)(A) of the Syria 

Accountability and Lebanese 

Sovereignty Restoration Act of 2003 

(Pub. L. 108–175, codified as a note to 

22 U.S.C. 2151) (the SAA), since May 

14, 2004 BIS has maintained a 

prohibition on the export to Syria of all 

items on the Commerce Control List (in 

15 CFR part 774) (CCL) and a 

prohibition on the export to Syria of 

products of the United States, other than 

food and medicine. The President also 

exercised national security waiver 

authority pursuant to Section 5(b) of the 

SAA for certain transactions. Section 

746.9 of this part sets forth the specific 

license requirements, licensing policy 

and license exceptions applicable to 

Syria as a sanctioned country under the 

EAR. These provisions were issued 

consistent with Executive Order 13338 

of May 11, 2004 which implemented the 

SAA. 

* * * * * 

■ 16. Section 746.9 is revised to read as 

follows: 

§ 746.9 Syria. 

Sections 5(a)(1) and 5(a)(2)(A) of the 

Syria Accountability and Lebanese 

Sovereignty Restoration Act of 2003 

(Pub. L. 108–175, codified as a note to 

22 U.S.C. 2151) (the SAA) require a 

prohibition on the export to Syria of all 

items on the Commerce Control List (in 

15 CFR part 774) (CCL) and a 

prohibition on the export to Syria of 

products of the United States, other than 

food and medicine. The President also 

exercised national security waiver 

authority pursuant to Section 5(b) of the 

SAA for certain transactions. The 

provisions in this section were issued 

consistent with Executive Order 13338 

of May 11, 2004 which implemented the 

SAA. 

(a) License requirements. A license is 

required for the export or reexport to 

Syria of all items subject to the EAR, 

except food and medicine classified as 

EAR99 (food and medicine are defined 

in part 772 of the EAR). A license is 

required for the ‘‘deemed export’’ and 

‘‘deemed reexport,’’ as described in 

§ 734.2(b) of the EAR, of any technology 

or source code on the Commerce 

Control List (CCL) to a Syrian foreign 

mstockstill on DSK4VPTVN1PROD with RULES

77118 Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Rules and Regulations 

national. ‘‘Deemed exports’’ and 

‘‘deemed reexports’’ to Syrian foreign 

nationals involving technology or 

source code subject to the EAR but not 

listed on the CCL do not require a 

license. 

(b) License Exceptions. No License 

Exceptions to the license requirements 

set forth in paragraph (a) of this section 

are available for exports or reexports to 

Syria, except the following: 

(1) TMP for items for use by the news 

media as set forth in § 740.9(a)(2)(viii) of 

the EAR, 

(2) GOV for items for personal or 

official use by personnel and agencies of 

the U.S. Government as set forth in 

§ 740.11(b)(2)(i) and (ii) of the EAR, 

(3) TSU for operation technology and 

software, sales technology, and software 

updates pursuant to the terms of 

§ 740.13(a), (b), or (c) of the EAR, 

(4) BAG for exports of personallyowned items by individuals leaving the 

United States as personal baggage 

pursuant to the terms of § 740.14(a) 

through (d), only, of the EAR, and 

(5) AVS for the temporary sojourn of 

civil aircraft reexported to Syria 

pursuant to the terms of § 740.15(a)(4) of 

the EAR. 

(c) Licensing policy. (1) Except as 

described in this paragraph (c), all 

license applications for export or 

reexport to Syria are subject to a general 

policy of denial. License applications 

for ‘‘deemed exports’’ and ‘‘deemed 

reexports’’ of technology and source 

code will be reviewed on a case-by-case 

basis. BIS may consider, on a case-bycase basis, license applications for 

exports and reexports of items necessary 

to carry out the President’s 

constitutional authority to conduct U.S. 

foreign affairs and as Commander-inChief, including exports and reexports 

of items necessary for the performance 

of official functions by the United States 

Government personnel abroad. 

(2) BIS may also consider the 

following license applications on a caseby-case basis: items in support of 

activities, diplomatic or otherwise, of 

the United States Government (to the 

extent that regulation of such 

exportation or reexportation would not 

fall within the President’s constitutional 

authority to conduct the nation’s foreign 

affairs); medicine (on the CCL) and 

medical devices (both as defined in part 

772 of the EAR); parts and components 

intended to ensure the safety of civil 

aviation and the safe operation of 

commercial passenger aircraft; aircraft 

chartered by the Syrian Government for 

the transport of Syrian Government 

officials on official Syrian Government 

business; telecommunications 

equipment and associated computers, 

software and technology; and items in 

support of United Nations operations in 

Syria. The total dollar value of each 

approved license for aircraft parts for 

flight safety normally will be limited to 

no more than $2 million over the 24- 

month standard license term, except in 

the case of complete overhauls. 

(3) In addition, consistent with part 

734 of the EAR, the following are not 

subject to the EAR and therefore not 

subject to this General Order: 

informational materials in the form of 

books and other media; publicly 

available software and technology; and 

technology exported in the form of a 

patent application or an amendment, 

modification, or supplement thereto or 

a division thereof (see 15 CFR 

734.3(b)(1)(v), (b)(2) and (b)(3)). 

Note to § 746.9: For administrative reasons, 

BIS continues to maintain provisions in 

General Order No. 2, Supplement No. 1 to 

part 736 of the EAR relating to the President’s 

waiver of certain prohibitions. This section 

contains all of the substantive controls 

against Syria, including the waiver-related 

provisions maintained in General Order 

No. 2. 

PART 774—[AMENDED] 

■ 17. The authority citation for 15 CFR 

part 774 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 

7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 

seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 

42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 

1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 

U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of August 12, 2011 (76 

FR 50661 (Aug. 16, 2011)). 

■ 18. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, ‘‘Micro 

Organisms,’’ and ‘‘Toxins’’—Export 

Control Classification Number (ECCN) 

1C350 is amended by revising the AT 

paragraph in the License Requirements 

section to read as follows: 

Supplement No. 1 to Part 774— 

Commerce Control List 

* * * * * 

1C350 Chemicals that may be used as 

precursors for toxic chemical agents. 

License Requirements 

* * * * * 

AT applies to entire entry. The Commerce 

Country Chart is not designed to determine 

licensing requirements for items controlled 

for AT reasons in 1C350. A license is 

required, for AT reasons, to export or 

reexport items controlled by 1C350 to a 

country in Country Group E:1 of Supplement 

No. 1 to part 740 of the EAR. (See part 742 

of the EAR for additional information on the 

AT controls that apply to Iran, North Korea, 

Sudan, and Syria. See part 746 of the EAR 

for additional information on sanctions that 

apply to Cuba, Iran, North Korea, and Syria.) 

* * * * * 

■ 19. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, ‘‘Micro 

Organisms,’’ and ‘‘Toxins’’—Export 

Control Classification Number (ECCN) 

1C355 is amended by revising the 

Control(s) paragraphs in the License 

Requirements section to read as follows: 

1C355 Chemical Weapons Convention 

(CWC) Schedule 2 and 3 chemicals and 

families of chemicals not controlled by 

ECCN 1C350 or by the Department of 

State under the ITAR. 

License Requirements 

* * * * * 

Control(s): CW applies to entire entry. 

The Commerce Country Chart is not 

designed to determine licensing 

requirements for items controlled for 

CW reasons. A license is required to 

export or reexport CWC Schedule 2 

chemicals and mixtures identified in 

1C355.a to States not Party to the CWC 

(destinations not listed in Supplement 

No. 2 to part 745 of the EAR). A license 

is required to export CWC Schedule 3 

chemicals and mixtures identified in 

1C355.b to States not Party to the CWC, 

unless an End-Use Certificate issued by 

the government of the importing 

country is obtained by the exporter, 

prior to export. A license is required to 

reexport CWC Schedule 3 chemicals 

and mixtures identified in 1C355.b from 

a State not Party to the CWC to any 

other State not Party to the CWC. (See 

§ 742.18 of the EAR for license 

requirements and policies for toxic and 

precursor chemicals controlled for CW 

reasons.) 

AT applies to entire entry. The 

Commerce Country Chart is not 

designed to determine licensing 

requirements for items controlled for AT 

reasons in 1C355. A license is required, 

for AT reasons, to export or reexport 

items controlled by 1C355 to a country 

in Country Group E:1 of Supplement 

No. 1 to part 740 of the EAR. (See part 

742 of the EAR for additional 

information on the AT controls that 

apply to Iran, North Korea, Sudan, and 

Syria. See part 746 of the EAR for 

additional information on sanctions that 

apply to Cuba, Iran, North Korea, and 

Syria.) 

* * * * * 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Rules and Regulations 77119 

■ 20. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, ‘‘Micro 

Organisms,’’ and ‘‘Toxins’’—Export 

Control Classification Number (ECCN) 

1C395 is amended by revising the AT 

paragraph in the License Requirements 

section to read as follows: 

1C395 Mixtures and Medical, 

Analytical, Diagnostic, and Food 

Testing Kits Not Controlled by ECCN 

1C350, as Follows (See List of Items 

Controlled). 

License Requirements 

* * * * * 

AT applies to entire entry. The 

Commerce Country Chart is not 

designed to determine licensing 

requirements for items controlled for AT 

reasons in 1C395. A license is required, 

for AT reasons, to export or reexport 

items controlled by 1C395 to a country 

in Country Group E:1 of Supplement 

No. 1 to part 740 of the EAR. (See part 

742 of the EAR for additional 

information on the AT controls that 

apply to Iran, North Korea, Sudan, and 

Syria. See part 746 of the EAR for 

additional information on sanctions that 

apply to Cuba, Iran, North Korea, and 

Syria.) 

* * * * * 

Dated: December 5, 2011. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2011–31682 Filed 12–9–11; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2011–1083] 

RIN 1625–AA08 

Special Local Regulations; Pompano 

Beach Holiday Boat Parade, 

Intracoastal Waterway, Pompano 

Beach, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations on 

the waters of the Intracoastal Waterway 

in Pompano Beach, Florida during the 

Pompano Beach Holiday Boat Parade on 

Sunday, December 11, 2011. The marine 

parade will consist of approximately 50 

vessels. The marine parade will begin at 

Lake Santa Barbara, transit north on the 

Intracoastal Waterway, and end at the 

Hillsborough Bridge. These special local 

regulations are necessary to provide for 

the safety of life on navigable waters of 

the United States during the marine 

parade. The special local regulations 

consist of a series of moving buffer 

zones around participant vessels as they 

transit from Lake Santa Barbara to the 

Hillsborough Bridge. Persons and 

vessels that are not participating in the 

marine parade are prohibited from 

entering, transiting through, anchoring 

in, or remaining within any of the buffer 

zones unless authorized by the Captain 

of the Port Miami or a designated 

representative. 

DATES: This rule is effective from 5 p.m. 

until 10 p.m. on December 11, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

1083 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–1083 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

final rule, call or email Lieutenant 

Jennifer S. Makowski, Sector Miami 

Prevention Department, Coast Guard; 

telephone (305) 535–8724, email 

Jennifer.S.Makowski@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

Coast Guard did not receive necessary 

information about this year’s Pompano 

Beach Holiday Boat Parade with 

sufficient time to publish an NPRM and 

to receive public comments prior to the 

event. Any delay in the effective date of 

this rule would be contrary to the public 

interest because immediate action is 

needed to minimize potential danger to 

marine parade participants, participant 

vessels, spectators, and the general 

public. 

For the same reason discussed above, 

under 5 U.S.C. 553(d)(3) the Coast 

Guard finds that good cause exists for 

making this rule effective less than 

30 days after publication in the Federal 

Register. 

Basis and Purpose 

The legal basis for the rule is the 

Coast Guard’s authority to establish 

special local regulations: 33 U.S.C. 

1233. 

The purpose of the rule is to insure 

safety of life on navigable waters of the 

United States during the Pompano 

Beach Holiday Boat Parade. 

Discussion of Rule 

On December 11, 2011, Greater 

Pompano Beach Chamber of Commerce 

is hosting the Pompano Beach Holiday 

Boat Parade on the Intracoastal 

Waterway in Pompano Beach, Florida. 

The marine parade will consist of 

approximately 50 vessels. The marine 

parade will begin at Lake Santa Barbara, 

transit north on the Intracoastal 

Waterway, and end at the Hillsborough 

Bridge. Although this event occurs 

annually, and special local regulations 

have been promulgated in the Code of 

Federal Regulations at 33 CFR 100.701, 

the date of the marine parade does not 

correspond with the date published in 

the Code of Federal Regulations, and the 

special local regulations have been 

modified. Therefore, the special local 

regulations set forth in 33 CFR 100.701 

are inapplicable for this year’s Pompano 

Beach Holiday Boat Parade. 

The special local regulations consist 

of a series of buffer zones around vessels 

participating in the Pompano Beach 

Holiday Boat Parade. These buffer zones 

are as follows: (1) All waters within 75 

yards of the lead marine parade vessel; 

(2) all waters within 75 yards of the last 

marine parade vessel; and (3) all waters 

within 50 yards of all other marine 

parade vessels. Notice of the special 

local regulations, including the 

identities of the lead marine parade 

vessel and the last marine parade vessel, 

will be provided prior to the marine 

parade by Local Notice to Mariners and 

Broadcast Notice to Mariners. These 

special local regulations will be 

enforced from 5 p.m. until 10 p.m. on 

December 11, 2011. Persons and vessels 

are prohibited from entering, transiting 

mstockstill on DSK4VPTVN1PROD with RULES