55664 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Proposed Rules 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

the DOT Regulatory Policies and 

Procedures (44 FR 11034, February 26, 

1979), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

The Boeing Company: Docket No. FAA– 

2013–0706; Directorate Identifier 2013– 

NM–067–AD. 

(a) Comments Due Date 

We must receive comments by October 28, 

2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

Model DC–9–10, DC–9–30, and DC–9–40 

series airplanes, certificated in any category, 

identified in Boeing Alert Service Bulletin 

DC9–A53–144, Revision 2, dated February 

23, 1984. 

(d) Subject 

Joint Aircraft System Component (JASC)/

Air Transport Association (ATA) of America 

Code 5312, Fuselage Main Bulkhead. 

(e) Unsafe Condition 

This AD was prompted by an evaluation by 

the design approval holder (DAH) indicating 

that the fuselage bulkhead web area is subject 

to widespread fatigue damage (WFD). We are 

issuing this AD to prevent fatigue cracking of 

the bulkhead, which could result in reduced 

structural integrity of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Modification 

For airplanes on which the modification 

(AD4 rivets replaced with AD5 rivets) 

required by AD 85–01–02 R1, Amendment 

39–5241 (51 FR 6101, dated February 20, 

1988) has not been done: Before the 

accumulation of 72,000 total flight cycles, or 

within 18 months after the effective date of 

this AD, whichever occurs later, modify the 

aft pressure bulkhead by removing all 

affected AD4 rivets and doing either a 

fluorescent penetrant or eddy current 

inspection around the rivet holes for cracks, 

repairing any cracking, and installing fiveleaf doublers with AD5 rivets, in accordance 

with the Accomplishment Instructions of 

Boeing Alert Service Bulletin DC9–A53–144, 

Revision 2, dated February 23, 1984; except 

as required by paragraph (h) of this AD. 

Note 1 to paragraph (g) of this AD: 

Information on additional procedures for the 

modification can be found in Notes 4, 5, and 

6, as applicable, of paragraph 1.D., 

‘Compliance’ of Boeing Alert Service Bulletin 

DC9–A53–144, Revision 2, dated February 

23, 1984. 

(h) Exception to Service Information 

If any crack is found during any inspection 

required by this AD, and Boeing Alert 

Service Bulletin DC9–A53–144, Revision 2, 

dated February 23, 1984, specifies to contact 

Boeing for appropriate action: Before further 

flight, repair using a method approved in 

accordance with the procedures specified in 

paragraph (j) of this AD. 

(i) No Reporting Required 

Sheet 1 of Service Sketch 3109, and Sheet 

7 of Service Sketch 3110B of Boeing Alert 

Service Bulletin DC9–A53–144, Revision 2, 

dated February 23, 1984; specify reporting 

the details of any cracks found; however, this 

AD does not require reporting. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Los Angeles Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the Los Angeles ACO, send 

it to the attention of the person identified in 

the Related Information section of this AD. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/

certificate holding district office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by 

Structures Authorized Representative for the 

Boeing Commercial Airplanes Delegation 

Option Authorization Organization who has 

been authorized by the Manager, Los Angeles 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane, and 14 

CFR 25.571, Amendment 45, and the 

approval must specifically refer to this AD. 

(k) Related Information 

(1) For more information about this AD, 

contact Eric Schrieber, Aerospace Engineer, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles Aircraft Certification Office, 3960 

Paramount Boulevard, Lakewood, CA 90712– 

4137; phone: (562) 627–5348; fax: (562) 627– 

5210; email: eric.schrieber@faa.gov. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, 3855 Lakewood Boulevard, MC 

D800–0019, Long Beach, CA 90846–0001; 

telephone 206–544–5000, extension 2; fax 

206–766–5683; Internet https://

www.myboeingfleet.com. You may review 

copies of the referenced service information 

at the FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, Washington. 

For information on the availability of this 

material at the FAA, call 425–227–1221. 

Issued in Renton, Washington, on August 

30, 2013. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–22147 Filed 9–10–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 730, 740, 744, 756, 758, 

and 762 

[Docket No. 120524116–2116–01] 

RIN 0694–AF70 

Revisions to the Export Administration 

Regulations (EAR): Unverified List 

(UVL) 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Proposed rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) proposes to amend the 

Export Administration Regulations 

(EAR) by: requiring exporters to file an 

Automated Export System (AES) record 

for all exports subject to the EAR 

involving a party or parties to the 

transaction who are listed on the 

Unverified List (the ‘‘Unverified List’’ or 

UVL); suspending the availability of 

license exceptions for exports, 


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reexports, and transfers (in-country) 

involving a party or parties to the 

transaction who are listed on the UVL; 

requiring exporters, reexporters, and 

transferors to obtain a UVL statement 

from a party or parties to the transaction 

who are listed on the UVL before 

proceeding with exports, reexports, and 

transfers (in-country) involving items 

subject to the EAR, but where the item 

does not require a license, i.e., No 

License Required (NLR); publishing the 

UVL in the EAR; and adding to the EAR 

the procedures to request removal or 

modification of a UVL entry. 

These proposed changes to the UVL 

enhance the U.S. Government’s ability 

to verify the bona fides of parties to 

exports, reexports, or transfers (incountry) of items subject to the EAR and 

provide the U.S. Government increased 

visibility into such exports, reexports, 

and transfers involving persons whose 

bona fides could not be verified. 

DATES: Comments must be received by 

BIS no later than October 11, 2013. 

ADDRESSES: Comments on this rule may 

be submitted to the Federal rulemaking 

portal (www.regulations.gov). The 

regulations.gov Docket ID for this rule 

is: BIS–2012–0017. Comments may also 

be submitted via email to 

publiccomments@bis.doc.gov or on 

paper to Regulatory Policy Division, 

Bureau of Industry and Security, Room 

2099B, U.S. Department of Commerce, 

14th St. and Pennsylvania Ave. NW., 

Washington, DC 20230. Please refer to 

RIN 0694–AF70 in all comments and in 

the subject line of email comments. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Kurland, Director, Office of 

Enforcement Analysis, Bureau of 

Industry and Security, Department of 

Commerce, Phone: (202) 482–2385 or by 

email at Kevin.Kurland@bis.doc.gov. 

SUPPLEMENTARY INFORMATION:

Background 

On June 14, 2002, the Bureau of 

Industry and Security (‘‘BIS’’) published 

a notice in the Federal Register (67 FR 

40910) establishing a list of persons in 

foreign countries who were parties to 

past export transactions with respect to 

which pre-license checks or postshipment verifications could not be 

conducted for reasons outside the 

control of the U.S. Government, 

including lack of cooperation by the 

host government authority, the end user, 

or the ultimate consignee (the 

‘‘Unverified List’’ or ‘‘UVL’’). That 

Federal Register notice also indicated 

that BIS may add to the UVL names of 

persons that BIS discovers are affiliated 

with a person on the UVL by virtue of 

ownership, control, position of 

responsibility, or other affiliation or 

connection in the conduct of trade or 

business. Since that time, BIS has issued 

subsequent notices that added to or 

removed persons from the UVL, as 

circumstances have warranted. 

Currently, the UVL is published in the 

Federal Register in its entirety and 

updated as foreign persons are added to 

or removed from that list. The UVL is 

also available on the BIS Web site at 

http://www.bis.doc.gov/enforcement/

unverifiedlist/unverified_parties.html. 

The participation of a person listed on 

the UVL in any proposed transaction 

raises a ‘‘red flag’’ for purposes of the 

‘‘Know Your Customer’’ guidance set 

forth in Supplement No. 3 to Part 732 

of the EAR. See 67 FR 40910 (June 14, 

2002) and 69 FR 42562 (July 16, 2004). 

Under that guidance, whenever there is 

a ‘‘red flag,’’ exporters have an 

affirmative duty to inquire, verify, or 

otherwise satisfy themselves that the 

transaction does not involve a 

proliferation activity prohibited by Part 

744 and does not violate other 

provisions of the EAR. 

On July 16, 2004 (69 FR 42652), BIS 

expanded the criteria for adding persons 

to the UVL to include situations in 

which BIS is not able to verify the 

existence or authenticity of the end 

user, intermediate consignee, ultimate 

consignee, or other party to an export 

transaction. 

On August 21, 2008 (73 FR 49311), 

BIS expanded the scope of reasons to 

add persons to the Entity List. That rule 

amended Section 744.11 of the EAR to 

provide illustrative examples of the 

types of conduct that the U.S. 

Government could determine are 

contrary to U.S. national security or 

foreign policy interests for purposes of 

changes to the Entity List. One example 

listed in that section is, ‘‘[p]reventing 

accomplishment of an end use check 

conducted by or on behalf of BIS or the 

Directorate of Defense Trade Controls of 

the Department of State by: precluding 

access to; refusing to provide 

information about; or providing false or 

misleading information about parties to 

the transaction or the item to be 

checked.’’ That notice also included a 

discussion of the apparent overlap in 

criteria for adding foreign persons to the 

Entity List and the Unverified List based 

on a lack of cooperation with an end-use 

check. 

End-use checks sometimes cannot be 

completed for reasons unrelated to the 

cooperation of the foreign party subject 

to the end-use check. In such situations, 

BIS has added parties to the UVL where 

BIS or federal officials acting on BIS’s 

behalf have been unable to verify a 

foreign person’s bona fides (i.e., 

legitimacy and reliability relating to the 

end use and end user of items subject 

to the EAR), where an end-use check, 

such as a pre-license check (PLC) or a 

post-shipment verification (PSV), 

cannot be completed satisfactorily for 

such purposes for reasons outside the 

U.S. Government’s control. For 

example, BIS sometimes initiates enduse checks and cannot find a foreign 

party at the address indicated on export 

documents, and cannot locate the party 

by telephone or email. Additionally, BIS 

sometimes is unable to conduct end-use 

checks when host government agencies 

do not respond to requests to conduct 

end-use checks or refuse to schedule 

them in a timely manner. Under these 

circumstances, there may not be a basis 

to add the foreign persons at issue to the 

Entity List, particularly if there is no 

nexus between the foreign person’s 

conduct and the failure to produce a 

complete, accurate and useful check 

(see § 744.11(b)(4) of the EAR (Criteria 

for revising the Entity List)). 

Furthermore, BIS sometimes conducts 

end-use checks but cannot verify the 

bona fides of a foreign party. For 

example, BIS may be unable to verify 

bona fides if during the conduct of an 

end-use check a recipient of items 

subject to the EAR is unable to produce 

those items for visual inspection or 

provide sufficient documentation to 

confirm the disposition of those items. 

The inability of foreign persons subject 

to end-use checks to demonstrate their 

bona fides raises concerns about the 

suitability of such persons as 

participants in future exports, reexports, 

or transfers (in-country) and indicates a 

risk that items subject to the EAR may 

be diverted to prohibited end uses and/ 

or end users. However, BIS may have 

insufficient information to establish that 

such persons are involved in activities 

described in Section 744.11 of the EAR, 

preventing the placement of the persons 

on the Entity List. In such 

circumstances, those foreign persons 

may be added to the Unverified List. 

Reasons for This Rule 

This rule proposes to eliminate 

ambiguity for listing foreign persons on 

the UVL and the Entity List by removing 

lack of cooperation by a foreign party as 

a basis for revising the UVL. Where the 

U.S. Government determines that the 

foreign party’s lack of cooperation 

prevented the accomplishment of an 

end-use check, BIS may add such 

parties to the Entity List on the basis of 

§ 744.11(b)(4) of the EAR. 

Specifically, BIS is amending the EAR 

to include the criteria for listing persons 

in the UVL, including examples of 

actions that could result in a person 


tkelley on DSK3SPTVN1PROD with PROPOSALS
55666 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Proposed Rules 

being listed on the UVL. These 

amendments, consistent with past 

practice, will apply to foreign persons 

who are parties to an export, reexport, 

and transfer (in-country) subject to the 

EAR if BIS, or federal officials acting on 

BIS’s behalf, cannot verify the bona 

fides of such persons because an enduse check, such as a PLC or a PSV, 

cannot be completed satisfactorily for 

reasons outside of the U.S. 

Government’s control. Examples of 

actions that could result in a person 

being listed on the UVL include: The 

subject of the check is unable to 

demonstrate the disposition of items 

during an end-use check; the existence 

or authenticity of the subject of an enduse check cannot be verified because, 

inter alia, the subject of the check 

cannot be located or contacted; or lack 

of cooperation by the host government 

authority. 

In addition, BIS is no longer 

considering affiliation with a person on 

the UVL as a basis for adding foreign 

persons without further substantiation 

(e.g., conduct of an end-use check at the 

affiliate). A determination to list a 

particular person on the UVL is 

premised on BIS’s inability to evaluate 

the bona fides of that person by 

conducting an end-use check. The fact 

that another, separate person is 

affiliated with a person on the UVL will 

no longer be considered a criterion for 

listing the affiliate. If BIS discovers a 

foreign person may be affiliated with a 

person listed on the UVL, BIS will 

initiate an end-use check on an export, 

reexport, or transfer (in-country) to 

which that person was a party. That 

person may be listed on the UVL if BIS 

is unable to verify that person’s bona 

fides through an end-use check in 

accordance with the criteria described 

above. 

BIS is proposing these changes to the 

UVL to address concerns raised by the 

public in the past about how to address 

a ‘‘red flag’’ identified by the U.S. 

Government. Accordingly, the proposed 

changes to the regulation provide 

guidance on how exporters can conduct 

business with a UVL person. Any 

license requirements for exports, 

reexports, or transfers (in-country) of 

items subject to the EAR continue to 

apply. For items not subject to a license 

requirement, the exporter, reexporter, or 

transferer (in-country) must receive 

from the UVL-listed person a UVL 

statement prior to the export, reexport, 

or transfer (in-country), in which the 

UVL-listed party certifies the end use, 

end user, and country of ultimate 

destination of items subject to the EAR 

and consents to an end-use check by the 

U.S. Government. The end-use check 

may include checks to any transaction 

to which that person was a party for 

items subject to the EAR exported, 

reexported, or transferred (in country) in 

the last five years, to enable the U.S. 

Government to satisfy earlier concerns 

with the UVL-listed party as well as its 

concerns with the current transaction. 

Proposed Changes to the EAR 

BIS proposes to amend the EAR by: 

(1) Requiring exporters to file an AES 

record for all exports subject to the EAR 

involving persons listed on the UVL; (2) 

suspending the availability of license 

exceptions for exports, reexports, and 

transfers (in-country) involving persons 

listed on the UVL; (3) requiring 

exporters, reexporters and transferors 

(in-country) to obtain a UVL statement 

from UVL-listed persons before 

proceeding with exports, reexports, and 

transfers (in-country) that are not 

otherwise subject to a license 

requirement under the EAR involving 

such persons; (4) adding the UVL to 

Supplement No. 6 to Part 744; and (5) 

adding to the EAR procedures to request 

removal or modification of a UVL entry. 

The first of these changes, requiring 

the filing of an AES record for all 

exports to which a person listed on the 

UVL is a party, is described in 

§ 748.5(d)–(f) of the EAR, and would 

increase U.S. Government awareness of 

transactions involving U.S.-origin items 

to such persons. Under current 

regulations, an AES filing is only 

required if an export license is also 

required or if the transaction is above a 

certain value. This rule proposes an 

exception to require an AES filing 

regardless of value or destination if a 

person involved in the transaction as 

described above is listed on the UVL. 

Secondly, this rule’s proposed 

suspension of license exceptions for 

exports, reexports, and transfers (incountry) of U.S.-origin items to persons 

listed on the UVL would increase U.S. 

Government insight into certain 

transactions involving such persons of 

items on the Commerce Control List (set 

forth in Supplement No. 1 to Part 774 

of the EAR) by requiring a license for 

those transactions. This suspension is 

also consistent with § 740.2(b) of the 

EAR, which states, ‘‘all License 

Exceptions are subject to revision, 

suspension, or revocation, in whole or 

in part, without notice.’’ 

Third, BIS proposes to require 

exporters to obtain a signed UVL 

statement from UVL-listed persons 

before proceeding with any export, 

reexport, or transfer (in-country) 

involving such persons, when such 

persons are parties to a transaction as 

described in § 748.5 of the EAR, and 

when the item at issue is subject to the 

EAR but does not require a license 

under the EAR. The rule would require 

that the statement certify the end use, 

end user, and country of ultimate 

destination of the items, and set forth 

the person’s consent to an end-use 

check by the U.S. Government. To 

facilitate any future end-use checks by 

the U.S. Government, the UVL-listed 

person would also include its complete 

contact information in the UVL 

statement, including its physical 

address. Such a statement would, in 

effect, establish that the UVL-listed 

party knows that it is required to 

comply with the EAR and agrees to an 

end-use check. The statement would 

also provide the U.S. Government with 

some assurance that the U.S.-origin item 

would be delivered to an identified end 

user and end use and that the 

transaction will comply with the EAR. 

In the absence of such compliance, the 

UVL statement would assist the U.S. 

Government’s ability to take 

enforcement action. 

BIS believes the proposed suspension 

of license exceptions, which would 

allow pre-shipment review by the U.S. 

Government of exports, reexports, and 

transfers (in-country) of certain 

controlled items involving persons 

listed on the UVL, coupled with the 

proposed requirement for exporters to 

obtain a UVL statement for exports, 

reexports, and transfers (in-country) 

involving such persons of items not 

subject to a license requirement, 

provides greater guidance on what steps 

are necessary in order to undertake an 

export, reexport, or transfer (in-country) 

of items subject to the EAR involving a 

party to the transaction who is listed on 

the UVL 

Specifically, when an export, 

reexport, or transfer (in-country) is 

otherwise eligible for a license 

exception, if a party to the transaction 

as described in § 748.5 of the EAR is 

listed on the UVL, the use of license 

exceptions is not authorized. Under 

these circumstances, an exporter must 

apply to BIS for a license. If an export, 

reexport, or transfer (in-country) 

involving a person listed on the UVL is 

not subject to a license requirement 

under the EAR, the possible availability 

of a license exception does not arise. In 

such a case, an exporter may proceed 

with the export, reexport, or transfer (incountry) once the exporter obtains the 

signed UVL statement proposed herein 

and files an AES record in accordance 

with § 758.1 of the EAR, as amended. 

The signed UVL statement is not needed 

for transactions in which a license is 

required because BIS oversight of the 

transaction resulting from the grant of 


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the license renders a UVL statement 

unnecessary. 

Fourth, BIS proposes to add the UVL 

to the EAR in Supplement No. 6 to Part 

744. When adding a person to the UVL, 

BIS would list the person’s name and 

address, and the date on which the 

person was added to the UVL by 

publication in the Federal Register. 

Updates to the UVL would continue to 

be published in the Federal Register, 

and would remain available on the BIS 

Web site. The UVL also would continue 

to be included in the Consolidated 

Screening List, available at 

www.export.gov. 

Once published in the EAR, the UVL 

shall contain the names and addresses 

of foreign persons who are or have been 

parties to a transaction, as that term is 

described in § 748.5 of the EAR, 

involving the export, reexport, or 

transfer (in-country) of items subject to 

the EAR, and whose bona fides BIS has 

been unable to verify through an enduse check. Any changes to the UVL 

would be published in the Federal 

Register as an amendment to the UVL. 

In addition to adding the UVL to 

Supplement No. 6 to Part 744, BIS 

proposes adding to the regulations an 

overview of the UVL, the conditions it 

imposes with respect to exports, 

reexports, and transfers (in-country) to 

listed persons, the criteria for revising 

the UVL, and the procedures for 

requesting removal or modification of a 

UVL entry. 

BIS adds a person to the UVL under 

certain circumstances. For example, in 

some instances, BIS may not be able to 

conduct an end-use check, such as a 

PLC or a PSV, at all because, among 

other potential reasons, BIS was unable 

to locate or contact the subject of the 

check or the host government declined 

to schedule the check in a timely 

manner. Alternatively, BIS may not be 

able to complete a satisfactory end-use 

check because, inter alia, the foreign 

party is unable to demonstrate its bona 

fides or the disposition of the items in 

question during the end-use check. In 

either circumstance, BIS may determine 

to add the foreign person to the UVL. 

BIS removes a person listed on the 

UVL using certain procedures. The 

successful completion of an end-use 

check, or, in the limited circumstance 

where such a check cannot be 

completed due to lack of host 

government cooperation, a suitable 

alternative process to verify the bona 

fides of the foreign party at issue would 

be a prerequisite for removing persons 

from the UVL. One illustrative example 

of alternative authentication could 

involve the U.S. exporter or license 

applicant visiting the foreign person 

subject to the end-use check, at that 

person’s request, and providing 

sufficient information to the U.S. 

Government to verify the foreign 

person’s bona fides and satisfy 

questions relating to the end use and 

end user of the items in question. 

Procedures for requesting an alternative 

process to verify the bona fides of a 

foreign person in this circumstance are 

identical to the procedures for 

requesting removal of a UVL listing, set 

forth in Section 744.15 of the EAR. 

If BIS confirms the bona fides of the 

listed person, any subsequent 

determination to remove the foreign 

person from the UVL would be 

published in the Federal Register. Once 

a foreign person is removed from the 

UVL, the provisions in the EAR 

regarding persons listed on the 

Unverified List will no longer apply to 

that person, though other provisions in 

the EAR will continue to apply as 

appropriate. BIS is reviewing the entries 

of those parties who are currently on the 

UVL and will publish its determination 

of which, if any, of the current UVLlisted parties will be removed from the 

UVL at the time that this rule is 

published in final form. Until such time, 

any parties listed on the UVL will 

remain on the UVL unless separately 

removed through a Federal Register 

notice. BIS will subsequently regularly 

review the UVL for the purpose of 

identifying and implementing any 

needed corrections and updates. 

Lastly, this rule proposes to modify 

the procedures for requesting removal of 

a person listed on the UVL by adding 

decisions on requests to remove or 

modify a UVL entry to the list of 

administrative actions that are not 

subject to Part 756 appeals. This would 

be accomplished through the proposed 

addition of § 744.15(d) of the EAR. 

Decisions regarding the removal or 

modification of UVL listings would now 

be made by the Deputy Assistant 

Secretary for Export Enforcement, based 

on a demonstration by the listed person 

of its bona fides. 

Proposed Amendment to Supplement 

No. 1 to part 730 

Due to changes to § 744.15 of the EAR, 

which are described below, BIS 

proposes amending Supplement No. 1 

to Part 730 of the EAR to include 

references to the two additional 

information collections associated with 

this proposed rule: (1) The UVL 

statement and (2) requests to remove or 

modify listings on the UVL. The 

collection and retention of the UVL 

statement by private parties in 

connection with the export, reexport, or 

transfer (in-country) to a person listed 

on the UVL of items not subject to a 

license requirement under the EAR shall 

be made under Office of Management 

and Budget (OMB) control number 

0694–0122 (‘‘Licensing Responsibilities 

and Enforcement’’). The submission of 

information to BIS by persons listed on 

the UVL in support of an appeal for 

removal a UVL listing will be made 

under OMB control number 0694–0134. 

Accordingly, BIS proposes to amend 

Supplement No. 1 to Part 730 of the 

EAR by adding a reference to proposed 

§ 744.15 in connection with existing 

collection number 0694–0122, and by 

changing the title of existing collection 

number 0694–0134 to ‘‘Procedure for 

parties on the Entity List or Unverified 

List to Request Removal or Modification 

of their Listing’’ and adding a reference 

to proposed § 744.15 in connection with 

that collection number. 

Proposed Amendments to § 740.2 

BIS proposes adding a new paragraph 

(a)(17) to the § 740.2 ‘‘Restrictions on all 

License Exceptions.’’ This paragraph 

would state that license exceptions may 

not be used where a party to the 

transaction as described in § 748.5 of the 

EAR is listed on the Unverified List. 

Proposed New § 744.15 and 

Amendment to § 756.1 

BIS proposes adding a new section to 

Part 744 to set forth the new provisions 

pertaining to persons listed on the UVL. 

New section § 744.15 would provide an 

overview of the UVL, the conditions it 

imposes with respect to exports, 

reexports, and transfers (in-country) to 

listed persons, and the criteria for 

revising the UVL. This new section 

would also include the procedures for 

requesting removal or modification of a 

person on the UVL. 

BIS also proposes to exclude appeals 

for removal of Unverified List entries 

from the provisions of Part 756 of the 

EAR. Requests for removal instead will 

be made according to the procedures set 

forth in proposed § 744.15 of the EAR. 

Accordingly, paragraph (a)(3) of § 756.1 

of the EAR would be amended by 

adding a reference to decisions on 

requests to remove UVL entries made 

pursuant to proposed § 744.15 of the 

EAR. 

Proposed New Supplement No. 6 to 

Part 744 

The UVL would be added to the EAR 

in Supplement No. 6 to Part 744. Each 

listing would be grouped by country, 

and would be accompanied by the 

person’s address(es) as well as the 

Federal Register citation and date the 

person was added to the UVL. In 

addition, the UVL would include a 


tkelley on DSK3SPTVN1PROD with PROPOSALS
55668 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Proposed Rules 

citation to § 744.15, indicating that 

exports, reexports, and transfers (incountry) where parties to the 

transactions are listed on the Unverified 

List are subject to the provisions of 

§ 744.15. 

Proposed Amendment to § 758.1 

BIS proposes adding a new paragraph 

(b)(8) of § 758.1 of the EAR, which 

would state that filing an AES record is 

required for all exports of items subject 

to the EAR where a party to the 

transaction as described in § 748.5(d)–(f) 

is listed on the Unverified List, 

regardless of value or destination. 

Proposed Amendment to § 762.2 

Paragraph (b) in § 762.2 of the EAR 

contains references to parts, sections, 

and supplements of the EAR which 

require the retention of records or 

contain recordkeeping provisions. 

Proposed § 744.15 of the EAR contains 

a recordkeeping requirement related to 

the retention of UVL statements. Section 

762.2(b)(13) of the EAR is currently 

reserved. BIS proposes to modify that 

paragraph to reference the UVL 

statement recordkeeping requirement in 

proposed § 744.15 of 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 (50 U.S.C. 1701 et seq.). BIS 

continues to carry out the provisions of 

the Export Administration Act, as 

appropriate and to the extent permitted 

by law, pursuant to Executive Order 

13222 as amended by Executive Order 

13637. 

Rulemaking Requirements 

1. Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has not been designated a ‘‘significant 

regulatory action,’’ under section 3(f) of 

Executive Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor is subject to a penalty 

for failure to comply with, a collection 

of information, subject to the 

requirements of the Paperwork 

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

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

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This regulation 

involves collections previously 

approved by OMB under the following 

control numbers: 0694–0088, 0694– 

0122, 0694–0134, and 0694–0137. 

Specifically, BIS would be requesting a 

revision and extension of existing 

collection OMB 0694–0134 (Procedure 

for parties on the Entity List to Request 

Removal or Modification of their 

Listing) and non-substantive changes to 

OMB Control Numbers 0694–0088 

(Simplified Network Application 

Processing and Multipurpose 

Application Form), 0694–0122 

(Licensing Responsibilities and 

Enforcement), and 0694–0137 (License 

Exemptions and Exclusions). 

This proposed rule, if published in 

final form, would slightly increase 

public burden in a collection of 

information approved by OMB under 

control number 0694–0088, which 

authorizes, among other things, export 

license applications. The removal of 

license exceptions for listed parties on 

the Unverified List would result in 

increased license applications being 

submitted to BIS by exporters. Total 

burden hours associated with the 

Paperwork Reduction Act and OMB 

control number 0694–0088 are expected 

to increase minimally, as the suspension 

of license exceptions will only affect 

transactions involving parties listed on 

the Unverified List and not all export 

transactions. If license exceptions are 

restricted from use, this rule will 

decrease public burden in a collection 

of information approved by OMB under 

control number 0694–0137 minimally, 

as this will only affect a very small 

number of individual listed parties. The 

increased burden under 0694–0088 

would be reciprocal to the decrease of 

burden under 0694–0137, which would 

result in no change of burden to the 

public. This proposed rule would also 

increase public burden in a collection of 

information under OMB control number 

0694–0122, as a result of the exchange 

of UVL statements between private 

parties, and under OMB control number 

0694–0134 as a result of appeals from 

persons listed on the UVL for removal 

of their listing. The total increase in 

burden hours associated with both of 

these collections is expected to be 

minimal, as they involve a limited 

number of persons listed on the UVL. 

3. This proposed rule does not 

contain policies with Federalism 

implications as that term is defined in 

Executive Order 13132. 

4. The Chief Counsel for Regulation of 

the Department of Commerce has 

certified to the Chief Counsel for 

Advocacy of the Small Business 

Administration that this proposed rule, 

if adopted in final form, would not have 

a significant economic impact on a 

substantial number of small entities. 

Number of Small Entities 

Currently, BIS does not collect data 

on the size of entities that apply for and 

are issued export licenses. Although BIS 

is unable to estimate the exact number 

of small entities that would be impacted 

by this rule, it acknowledges that this 

rule would impact some unknown 

number. This rule would affect 

exporters and freight forwarders, with 

obligations to apply for export licenses, 

obtain and retain UVL statements, and/ 

or file AES records in connection with 

exports, reexports, or transfers (incountry) in which a person listed on the 

UVL is a party to the transaction. These 

requirements would apply to all entities 

proceeding with such transactions, 

regardless of size. 

Conclusion 

BIS is unable to determine whether 

there are a substantial number of small 

entities affected by this rule. However, 

this rule is not expected to affect a 

disproportionate number of small 

entities because it is directed at a 

limited number of foreign persons and 

will impact all export transactions to 

these persons, regardless of whether the 

exports are made or intended to be 

made by small, medium, or large 

entities. BIS has administered the UVL 

based on listing criteria similar to those 

proposed in this rule since 2002. This 

rule would impact transactions 

involving persons listed on the UVL, 

which currently has 36 persons listed. 

Due to the limited number of persons 

expected to be maintained on the UVL, 

BIS estimates that the number of 

transactions involving these persons 

represents only a small fraction of the 

total number of transactions recorded in 

AES. BIS estimates that regulated 

entities would incur minimal economic 

burdens on transactions involving UVL 

persons as a result of this rule because 

there are few transactions involving 

such persons and for those transactions 

where they are involved, there is no 

monetary fee to apply for a BIS license 

or file a record in AES. Moreover, 


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obtaining a signed UVL statement from 

UVL persons for items not subject to a 

license requirement will result in 

minimal burden to U.S. exporters, as the 

statement can simply be copied from the 

EAR and forwarded to the UVL person 

for review and signature. The 

maintenance of any such UVL statement 

also will have minimal burden on U.S. 

exporters as the EAR already has similar 

recordkeeping requirements under 

Section 762.2 of the EAR. As a result, 

the requirements proposed by this rule 

would amount to very little economic 

burden. 

For the reasons above, the Chief 

Counsel for Regulation certified that this 

proposed rule would not have a 

significant economic impact on a 

substantial number of small entities. 

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 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

15 CFR Part 756 

Appeals. 

15 CFR Part 758 

Export Clearance Requirements. 

15 CFR Part 762 

Recordkeeping. 

Accordingly, 15 CFR Parts 730, 740, 

744, 756, 758, and 762 of the Export 

Administration Regulations are 

proposed to be amended as follows: 

PART 730—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 730 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. 2151 note; 

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. 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; Notice of May 9, 2012, 77 FR 27559 

(May 10, 2012); Notice of August 15, 2012, 

77 FR 49699 (August 16, 2012); Notice of 

September 11, 2012, 77 FR 56519 

(September, 12, 2012) ; Notice of November 

1, 2012, 77 FR 66513 (November 5, 2012); 

Notice of January 17, 2013, 78 FR 4303 

(January 22, 2013). 

■ 2. Supplement No. 1 to part 730 is 

amended by: 

■ a. Removing the phrase ‘‘Part 758, and 

§ 748.4’’ and adding in its place 

‘‘§§ 744.15(b) and 748.4 and Part 758’’ 

in the ‘‘Reference in the EAR’’ column 

of 0694–0122 row; 

■ b. Removing the Title ‘‘Procedure for 

parties on the Entity List to Request 

Removal or Modification of their 

Listing’’ and adding in its place 

‘‘Procedure for parties on the Entity List 

or the Unverified List to Request 

Removal or Modification of their 

Listing’’ in the Title Column of the 

0694–0134 row; and 

■ c. Removing the reference ‘‘§ 744.16’’ 

and adding in its place ‘‘§§ 744.15 and 

744.16’’ in the Reference in the EAR 

column of the 0694–0134 row. 

PART 740—[AMENDED] 

■ 3. 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 15, 2012, 77 

FR 49699 (August 16, 2012). 

■ 4. Section 740.2 is amended by adding 

paragraph (a)(17) to read as follows: 

§ 740.2 Restrictions on all License 

Exceptions. 

(a) * * * 

(17) A party to the transaction, as 

described in § 748.5 of the EAR, is listed 

on the Unverified List in Supplement 

No. 6 to Part 744, see § 744.15 of the 

EAR. 

* * * * * 

PART 744—[AMENDED] 

■ 5. The authority citation for 15 CFR 

Part 744 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; 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 15, 2012, 77 FR 49699 

(August 16, 2012); Notice of September 11, 

2012, 77 FR 56519 (September, 12, 2012) ; 

Notice of November 1, 2012, 77 FR 66513 

(November 5, 2012); Notice of January 17, 

2013, 78 FR 4303 (January 22, 2013). 

■ 6. Part 744 is amended by adding 

§ 744.15 to read as follows: 

§ 744.15 Restrictions on Exports, 

Reexports and Transfers (in-country) to 

Persons Listed on the Unverified List. 

(a) General requirement. In addition 

to the requirements set forth elsewhere 

in the EAR, exports, reexports, or 

transfers (in-country) of item(s) subject 

to the EAR involving parties to the 

transaction who are listed on the 

Unverified List may be made only in 

accordance with paragraph (b) of this 

section. The names and addresses of 

foreign persons subject to end-user 

controls based on the criteria described 

in paragraph (c) of this section are 

identified in the Unverified List found 

in Supplement No. 6 to this part. 

Requirements found elsewhere in the 

EAR also apply, including but not 

limited to any license requirements, the 

record filing requirements pursuant to 

§ 758.1(b)(8), and the restrictions on 

license exceptions described in 

§ 740.2(a)(17). 

(b) UVL Statement. Before proceeding 

with any export, reexport, or transfer 

(in-country) subject to the EAR that is 

not subject to a license requirement, 

involving a person listed on the 

Unverified List as a party described in 

§ 748.5 of the EAR, an exporter, 

reexporter, or transferor (in-country) 

must obtain a UVL statement from such 

person, according to the provisions set 

forth in this section. The statement must 

be retained in accordance with Part 762 

of the EAR. 

(1) One UVL statement may be used 

for multiple shipments of the same 

items between the same parties, so long 

as the party names, the description(s) of 

the items and the ECCNs are correct. If 

one UVL statement is used for multiple 

shipments, the exporter, reexporter, and 

transferor (in-country) must maintain a 

log or other record that identifies each 

shipment made pursuant to this section 

and the specific UVL statement that is 

associated with each shipment. The log 

or record must be retained in 

accordance with Part 762 of the EAR. 

(2) The UVL statement must be in 

writing, signed by an individual of 


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55670 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Proposed Rules 

sufficient authority to legally bind the 

UVL party, and state the following: 

(i) Name of UVL party; complete 

physical address (simply listing a post 

office is insufficient); telephone 

number; fax number; email address; 

Web site (if available); and name of 

individual signing the UVL statement. 

(ii) Agrees not to use the item(s) for 

any use prohibited by the United States 

Export Administration Regulations 

(EAR), 15 CFR Parts 730–772, and 

agrees not to reexport or transfer (incountry) the item(s) to any destination, 

use or user prohibited by the EAR. 

(iii) Declares that the end use, end 

user, and country of ultimate 

destination of the item(s) subject to the 

EAR are as follows: [INSERT END USE, 

END USER, AND COUNTRY OF 

ULTIMATE DESTINATION]. 

(iv) Agrees to cooperate with end-use 

checks, including a Pre-License Check 

or a Post-Shipment Verification, 

conducted by or on behalf of the Bureau 

of Industry and Security, U.S. 

Department of Commerce, for any item 

subject to the EAR in transactions to 

which they were a party in the last five 

years. This cooperation includes 

facilitating the timely conduct of the 

check and providing full and accurate 

information concerning the disposition 

of items subject to the EAR. 

(v) Agrees to provide copies of this 

document and all other export, reexport 

or transfer (in-country) records required 

to be retained in Part 762 of the EAR. 

(vi) Certifies that the individual 

signing the UVL Statement has 

sufficient authority to legally bind the 

party. 

(c) Criteria for revising the Unverified 

List. (1) Foreign persons who are parties 

to an export, reexport, and transfer (incountry) subject to the EAR may be 

added to the Unverified List if BIS or 

federal officials acting on BIS’s behalf 

cannot verify the bona fides (i.e., 

legitimacy and reliability relating to the 

end use and end user of items subject 

to the EAR) of such persons because an 

end-use check, such as a pre-license 

check (PLC) or a post-shipment 

verification (PSV), cannot be completed 

satisfactorily for reasons outside of the 

U.S. Government’s control. The 

examples in paragraphs (c)(1)(i) through 

(iii) of this section provide an 

illustrative list of those circumstances. 

(i) During the conduct of an end-use 

check, the subject of the check is unable 

to demonstrate the disposition of items 

subject to the EAR. 

(ii) The existence or authenticity of 

the subject of an end-use check cannot 

be verified (e.g., the subject of the check 

cannot be located or contacted). 

(iii) Lack of cooperation by the host 

government authority prevents an enduse check from being conducted. 

(2) BIS may remove a person from the 

Unverified List when BIS is able to 

verify the bona fides of the listed person 

as an end user, consignee, or other party 

to exports, reexports, or transfers (incountry) involving items subject to the 

EAR by completing a PLC or PSV. In the 

limited circumstance involving a PLC or 

PSV that cannot be completed due to 

lack of host government cooperation, an 

alternative bona fides verification 

process may be determined by BIS to be 

sufficient. Such a determination is 

separate from those made by BIS 

pursuant to § 744.11(b) of the EAR, and 

should be requested through paragraph 

(d) of this section. 

(d) Procedure for requesting removal 

of a person on the Unverified List. Any 

person listed on the Unverified List may 

request that its listing be amended or 

removed. 

(1) All such requests, including 

reasons therefor and information that 

would verify the bona fides, i.e., 

legitimacy and reliability of the person 

listed on the Unverified List as an end 

user, consignee or other party to 

exports, reexports, and transfers (incountry) of items subject to the EAR, 

must be in writing and sent to: Director, 

Office of Enforcement Analysis, Bureau 

of Industry and Security, U.S. 

Department of Commerce, 14th Street 

and Pennsylvania Avenue NW., Room 

4065, Washington, DC 20230, via fax to 

(202) 482–0971, or by email to [insert 

email address]. 

(2) The Deputy Assistant Secretary for 

Export Enforcement will review such 

requests and will convey the decision 

on the request to the requester in 

writing based on an assessment of the 

listed person’s bona fides as a party to 

exports, reexports, and transfers (incountry) subject to the EAR. That 

decision will be the final agency action 

on the request. 

■ 7. Part 744 is amended by adding 

Supplement No. 6 to read as follows: 

Supplement No. 6 to Part 744— 

Unverified List 

Exports, reexports, and transfers (incountry) involving parties to the 

transaction who are listed in this 

supplement are subject to the 

restrictions outlined in § 744.15 of the 

EAR. 

Country Listed person and address Federal Register citation and date of 

publication 

Reserved ........................................................... Reserved .......................................................... Reserved. 

PART 756—[AMENDED] 

■ 8. The authority citation for 15 CFR 

Part 756 continues to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

15, 2012, 77 FR 49699 (August 16, 2012). 

■ 9. Section 756.1 is amended by 

revising paragraph (a)(3) to read as 

follows: 

§ 756.1 Introduction. 

(a) * * * 

(3) A decision on a request to remove 

or modify an Entity List entry made 

pursuant to § 744.16 of the EAR or a 

decision on a request to remove an 

Unverified List entry made pursuant to 

§ 744.15 of the EAR. 

PART 758—[AMENDED] 

■ 10. The authority citation for 15 CFR 

Part 758 continues to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

15, 2012, 77 FR 49699 (August 16, 2012). 

■ 11. Section 758.1 is amended by 

adding paragraph (b)(8) to read as 

follows: 

§ 758.1 The Shipper’s Export Declaration 

(SED) or Automated Export System (AES) 

record. 

* * * * * 

(b) * * * 

(8) For all exports of items subject to 

the EAR where parties to the 

transaction, as described in § 748.5(d)– 

(f) of the EAR, are listed on the 

Unverified List (Supplement 6 to Part 

744 of the EAR), regardless of value or 

destination. 

PART 762—[AMENDED] 

■ 12. The authority citation for 15 CFR 

Part 762 continues to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

15, 2012, 77 FR 49699 (August 16, 2012). 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Proposed Rules 55671 

■ 13. Section 762.2 is amended by 

revising paragraph (b)(13) to read as 

follows: 

§ 762.2 Records to be retained. 

* * * * * 

(b) * * * 

(13) § 744.15(b), UVL statement as 

well as any logs or records created for 

multiple shipments; 

* * * * * 

Dated: September 3, 2013. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2013–21996 Filed 9–10–13; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 1140 

[Docket No. FDA–2013–N–0521] 

Menthol in Cigarettes, Tobacco 

Products; Request for Comments; 

Extension of Comment Period 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Advance notice of proposed 

rulemaking; extension of comment 

period. 

SUMMARY: The Food and Drug 

Administration (FDA) is extending the 

comment period for the advance notice 

of proposed rulemaking (ANPRM) that 

appeared in the Federal Register of July 

24, 2013 (78 FR 44484). In the ANPRM, 

FDA requested comments, including 

comments on FDA’s preliminary 

evaluation, and data, research, or other 

information that may inform regulatory 

actions that FDA might take with 

respect to menthol in cigarettes. The 

Agency is taking this action in response 

to requests for an extension to allow 

interested persons additional time to 

submit comments. 

DATES: FDA is extending the comment 

period on the ANPRM. Submit either 

electronic or written comments by 

November 22, 2013. 

ADDRESSES: You may submit comments, 

identified by Docket No. FDA–2013–N– 

0521, by any of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Written Submissions 

Submit written submissions in the 

following ways: 

• Mail/Hand delivery/Courier (for 

paper or CD–ROM submissions): 

Division of Dockets Management (HFA– 

305), Food and Drug Administration, 

5630 Fishers Lane, Rm. 1061, Rockville, 

MD 20852. 

Instructions: All submissions received 

must include the Agency name and 

Docket No. FDA–2013–N–0521 for this 

rulemaking. All comments received may 

be posted without change to http://

www.regulations.gov, including any 

personal information provided. For 

additional information on submitting 

comments, see the ‘‘Comments’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov and insert the 

docket number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Division of Dockets 

Management, 5630 Fishers Lane, Rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Lauren Berkowitz or Annette L. 

Marthaler, Center for Tobacco Products, 

Food and Drug Administration, 9200 

Corporate Blvd., Rockville, MD 20850– 

3229, 877–287–1373, CTPRegulations@

fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the Federal Register of July 24, 

2013 (78 FR 44484), FDA published an 

ANPRM with a 60-day comment period 

to request comments on FDA’s 

preliminary evaluation, and data, 

research, or other information that may 

inform regulatory actions FDA might 

take with respect to menthol in 

cigarettes. 

The Agency has received comments 

requesting a 60-day extension of the 

comment period for the ANPRM. These 

comments convey concern that the 

current 60-day comment period does 

not allow sufficient time to develop 

meaningful or thoughtful responses to 

questions raised in the ANPRM. FDA 

has also received comments opposing 

an extension of the current comment 

period on the grounds that ample time 

has been given to comment on the 

issues raised in the ANPRM. 

FDA has considered the requests and 

is extending the comment period for the 

ANPRM for 60 days, until November 22, 

2013. The Agency believes that a 60-day 

extension allows adequate time for 

interested persons to submit comments 

without significantly delaying any 

potential regulatory action on these 

important issues. 

II. Request for Comments 

Interested persons may submit either 

electronic comments regarding this 

document to http://www.regulations.gov 

or written comments to the Division of 

Dockets Management (see ADDRESSES). It 

is only necessary to send one set of 

comments. Identify comments with the 

docket number found in brackets in the 

heading of this document. Received 

comments may be seen in the Division 

of Dockets Management between 9 a.m. 

and 4 p.m., Monday through Friday, and 

will be posted to the docket at http://

www.regulations.gov. 

Dated: September 4, 2013. 

Leslie Kux, 

Assistant Commissioner for Policy. 

[FR Doc. 2013–22015 Filed 9–10–13; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AO78 

Hospital Care and Medical Services for 

Camp Lejeune Veterans 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) proposes to amend its 

regulations to implement a statutory 

mandate that VA provide health care to 

certain veterans who served at Camp 

Lejeune, North Carolina, for at least 30 

days during the period beginning on 

January 1, 1957, and ending on 

December 31, 1987. The law requires 

VA to furnish hospital care and medical 

services for these veterans for certain 

illnesses and conditions that may be 

attributed to exposure to toxins in the 

water system at Camp Lejeune. This 

proposed rule does not implement the 

statutory provision requiring VA to 

provide health care to these veterans’ 

family members; regulations applicable 

to such family members are currently in 

development and will be promulgated 

through a separate notice. 

DATES: Comments must be received on 

or before October 11, 2013. 

ADDRESSES: Written comments may be 

submitted through http://

www.regulations.gov; by mail or handdelivery to Director, Regulations 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Avenue 

NW., Room 1068, Washington, DC 


tkelley on DSK3SPTVN1PROD with PROPOSALS