Federal Register / Vol. 77, No. 174 / Friday, September 7, 2012 / Notices 55183 

Trade Zones Board (the Board) adopts the 

following Order: 

Whereas, the Board adopted the 

alternative site framework (ASF) (74 FR 

1170, 01/12/09; correction 74 FR 3987, 

01/22/09; 75 FR 71069–71070, 11/22/ 

10) as an option for the establishment or 

reorganization of zones; 

Whereas, the Findlay/Hancock 

County Chamber of Commerce, grantee 

of Foreign-Trade Zone 151, submitted 

an application to the Board (FTZ Docket 

20–2012, filed 3/20/2012) for authority 

to reorganize under the ASF with a 

service area of Hardin, Putnam, Seneca, 

Allen and Hancock Counties, Ohio, 

adjacent to the Toledo Customs and 

Border Protection port of entry, and FTZ 

151’s existing Sites 1 and 3 would be 

categorized as magnet sites; 

Whereas, notice inviting public 

comment was given in the Federal 

Register (77 FR 17408–17409, 3/26/ 

2012) and the application has been 

processed pursuant to the FTZ Act and 

the Board’s regulations; and, 

Whereas, the Board adopts the 

findings and recommendations of the 

examiner’s report, and finds that the 

requirements of the FTZ Act and the 

Board’s regulations are satisfied, and 

that the proposal is in the public 

interest; 

Now, therefore, the Board hereby 

orders: 

The application to reorganize FTZ 151 

under the alternative site framework is 

approved, subject to the FTZ Act and 

the Board’s regulations, including 

Section 400.13, to the Board’s standard 

2,000-acre activation limit for the zone, 

and to a five-year ASF sunset provision 

for magnet sites that would terminate 

authority for Site 3 if not activated by 

August 31, 2017. 

Signed at Washington, DC, this 29th day of 

August 2012. 

Paul Piquado, 

Assistant Secretary of Commerce for Import 

Administration, Alternate Chairman, ForeignTrade Zones Board. 

Attest: 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2012–22114 Filed 9–6–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

[Docket No. 120822382–2382–01] 

Effectiveness of Licensing Procedures 

for Agricultural Commodities to Cuba 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Request for comments. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is requesting public 

comments on the effectiveness of its 

licensing procedures as defined in the 

Export Administration Regulations for 

the export of agricultural commodities 

to Cuba. BIS will include a description 

of these comments in its biennial report 

to the Congress, as required by the 

Trade Sanctions Reform and Export 

Enhancement Act of 2000 (22 U.S.C. 

7201 et seq.), as amended. 

DATES: Comments must be received by 

October 9, 2012. 

ADDRESSES: Comments may be 

submitted to the Federal eRulemaking 

portal (www.regulations.gov). The 

regulations.gov ID is: BIS–2012–0039. 

Comments may also be sent by email to 

publiccomments@bis.doc.gov with a 

reference to ‘‘TSRA 2012 Report’’ in the 

subject line. Written comments may be 

submitted by mail to Regulatory Policy 

Division, Bureau of Industry and 

Security, U.S. Department of Commerce, 

Room 2099B, Washington, DC 20230 

with a reference to ‘‘TSRA 2012 

Report.’’ All comments must be in 

writing (either submitted to 

regulations.gov, by email or on paper). 

FOR FURTHER INFORMATION CONTACT: 

Tracy L. Patts, Office of 

Nonproliferation and Treaty 

Compliance, Telephone: (202) 482– 

4252. Additional information on BIS 

procedures and our previous biennial 

report under the Trade Sanctions 

Reform and Export Enhancement Act, as 

amended, is available at 

www.bis.doc.gov/licensing/ 

TSRA_TOC.html. Copies of these 

materials may also be requested by 

contacting the Office of 

Nonproliferation and Treaty 

Compliance. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 906(a) of the Trade Sanctions 

Reform and Export Enhancement Act of 

2000 (TSRA) (22 U.S.C. 7205(a)), the 

Bureau of Industry and Security (BIS) 

authorizes exports of agricultural 

commodities, as defined in part 772 of 

the Export Administration Regulations 

(EAR), to Cuba. Requirements and 

procedures associated with such 

authorization are set forth in § 740.18 of 

the EAR (15 CFR 740.18). These are the 

only licensing procedures in the EAR 

currently in effect pursuant to the 

requirements of section 906(a) of TSRA. 

Under the provisions of section 906(c) 

of TSRA (22 U.S.C. 7205(c)), BIS must 

submit a biennial report to the Congress 

on the operation of the licensing system 

implemented pursuant to section 906(a) 

for the preceding two-year period. This 

report must include the number and 

types of licenses applied for, the 

number and types of licenses approved, 

the average amount of time elapsed from 

the date of filing of a license application 

until the date of its approval, the extent 

to which the licensing procedures were 

effectively implemented, and a 

description of comments received from 

interested parties during a 30-day public 

comment period about the effectiveness 

of the licensing procedures. BIS is 

currently preparing a biennial report on 

the operation of the licensing system for 

the two-year period from October 1, 

2010 through September 30, 2012. 

Request for Comments 

By this notice, BIS requests public 

comments on the effectiveness of the 

licensing procedures for the export of 

agricultural commodities to Cuba set 

forth under § 740.18 of the EAR. Parties 

submitting comments are asked to be as 

specific as possible. All comments 

received by the close of the comment 

period will be considered by BIS in 

developing the report to Congress. 

All comments must be in writing and 

will be available for public inspection 

and copying. Any information that the 

commenter does not wish to be made 

available to the public should not be 

submitted to BIS. 

Dated: August 27, 2012. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2012–21523 Filed 9–6–12; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

[Docket No. 120816348–2348–01] 

Effects of Foreign Policy-Based Export 

Controls 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Request for comments. 

SUMMARY: In developing its report to 

Congress, BIS is seeking public 

comments on the effect of existing 

foreign policy-based export controls in 

the Export Administration Regulations. 

BIS is requesting public comments to 

conduct consultations with U.S. 

industries. Section 6 of the Export 

Administration Act (EAA) requires BIS 

to consult with industry on the effect of 

such controls and to report the results 

of the consultations to Congress. 

Comments from all interested persons 

are welcome. All comments will be 

made available for public inspection 


srobinson on DSK4SPTVN1PROD with NOTICES
55184 Federal Register / Vol. 77, No. 174 / Friday, September 7, 2012 / Notices 

and copying and included in a report to 

be submitted to Congress. 

DATES: Comments must be received by 

October 9, 2012. 

ADDRESSES: Comments on this rule may 

be submitted to the Federal 

e-Rulemaking portal (www.regulations.

gov). The regulations.gov ID for this rule 

is: BIS–2012–0038. Comments may also 

be sent by email to publiccomments@

bis.doc.gov or on paper to Regulatory 

Policy Division, Bureau of Industry and 

Security, Department of Commerce, 

14th Street & Pennsylvania Avenue 

NW., Room 2099B, Washington, DC 

20230. Include the phrase ‘‘FPBEC 

Comment’’ in the subject line of the 

email message or on the envelope if 

submitting comments on paper. All 

comments must be in writing (either 

submitted to regulations.gov, by email 

or on paper). All comments, including 

Personal Identifying Information (e.g., 

name, address) voluntarily submitted by 

the commenter will be a matter of 

public record and will be available for 

public inspection and copying. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

FOR FURTHER INFORMATION CONTACT: 

Foreign Policy Division, Office of 

Nonproliferation Controls and Treaty 

Compliance, Bureau of Industry and 

Security, telephone 202–482–4252. 

Copies of the current Annual Foreign 

Policy Report to the Congress are 

available at http://www.bis.doc.gov/

news/2012/2012_fpreport.pdf and 

copies may also be requested by calling 

the Office of Nonproliferation and 

Treaty Compliance at the number listed 

above. 

SUPPLEMENTARY INFORMATION: 

Background 

Foreign policy-based controls in the 

Export Administration Regulations 

(EAR) are implemented pursuant to 

section 6 of the Export Administration 

Act of 1979, as amended, (50 U.S.C. 

app. sections 2401–2420 (2000)) (EAA). 

The current foreign policy-based export 

controls maintained by the Bureau of 

Industry and Security (BIS) are set forth 

in the EAR (15 CFR parts 730–774), 

including in parts 742 (CCL Based 

Controls), 744 (End-User and End-Use 

Based Controls) and 746 (Embargoes 

and Other Special Controls). These 

controls apply to a range of countries, 

items, activities and persons, including: 

• Entities acting contrary to the 

national security or foreign policy 

interests of the United States (§ 744.11); 

• Certain general purpose 

microprocessors for ‘‘military end-uses’’ 

and ‘‘military end-users’’ (§ 744.17); 

• Significant items (SI); 

• Hot section technology for the 

development, production, or overhaul of 

commercial aircraft engines, 

components, and systems (§ 742.14); 

• Encryption items (§ 742.15); 

• Crime control and detection items 

(§ 742.7); 

• Specially designed implements of 

torture (§ 742.11); 

• Certain firearms and related items 

based on the Organization of American 

States Model Regulations for the Control 

of the International Movement of 

Firearms, their Parts and Components 

and Munitions included within the 

Inter-American Convention Against the 

Illicit Manufacturing of and Trafficking 

in Firearms, Ammunition, Explosives, 

and Other Related Materials (§ 742.17); 

• Regional stability items (§ 742.6); 

• Equipment and related technical 

data used in the design, development, 

production, or use of certain rocket 

systems and unmanned air vehicles 

(§§ 742.5 and 744.3); 

• Chemical precursors and biological 

agents, associated equipment, technical 

data, and software related to the 

production of chemical and biological 

agents (§§ 742.2 and 744.4) and various 

chemicals included on the list of those 

chemicals controlled pursuant to the 

Chemical Weapons Convention 

(§ 742.18); 

• Communication intercepting 

devices, software and technology 

(§ 742.13); 

• Nuclear propulsion (§ 744.5); 

• Aircraft and vessels (§ 744.7); 

• Restrictions on exports and 

reexports to certain persons designated 

as proliferators of weapons of mass 

destruction (§ 744.8); 

• Certain cameras to be used by 

military end-users or incorporated into 

a military commodity (§ 744.9); 

• Countries designated as Supporters 

of Acts of International Terrorism 

(§§ 742.8, 742.9, 742.10, 742.19, 746.2, 

746.4, 746.7, and 746.9); 

• Certain entities in Russia (§ 744.10); 

• Individual terrorists and terrorist 

organizations (§§ 744.12, 744.13 and 

744.14); 

• Certain persons designated by 

Executive Order 13315 (‘‘Blocking 

Property of the Former Iraqi Regime, Its 

Senior Officials and Their Family 

Members’’) (§ 744.18); 

• Certain sanctioned entities 

(§ 744.20); and 

• Embargoed countries (Part 746). 

In addition, the EAR impose foreign 

policy-based export controls on certain 

nuclear-related commodities, 

technology, end-uses and end-users 

(§§ 742.3 and 744.2), in part, 

implementing section 309(c) of the 

Nuclear Non Proliferation Act (42 U.S.C. 

2139a). 

Request for Comments 

Under the provisions of section 6 of 

the EAA, export controls maintained for 

foreign policy purposes require annual 

extension. Section 6 of the EAA requires 

a report to Congress when foreign 

policy-based export controls are 

extended. The EAA expired on August 

20, 2001. Executive Order 13222 of 

August 17, 2001 (3 CFR, 2001 Comp., p. 

783 (2002)), which has been extended 

by successive Presidential Notices, the 

most recent being that of August 15, 

2012 (77 FR 49699 (Aug. 16, 2012)), 

continues the EAR and, to the extent 

permitted by law, the provisions of the 

EAA, in effect under the International 

Emergency Economic Powers Act (50 

U.S.C. 1701–1706 (2000)). The 

Department of Commerce, as 

appropriate, follows the provisions of 

section 6 of the EAA by reviewing its 

foreign policy-based export controls, 

conducting consultations with industry 

through public comments on such 

controls, and preparing a report to be 

submitted to Congress. In January 2012, 

the Secretary of Commerce, on the 

recommendation of the Secretary of 

State, extended for one year all foreign 

policy-based export controls then in 

effect. BIS is now soliciting public 

comment on the effects of extending the 

existing foreign policy-based export 

controls from January 2013 to January 

2014. Among the criteria considered in 

determining whether to extend U.S. 

foreign policy-based export controls are 

the following: 

1. The likelihood that such controls 

will achieve their intended foreign 

policy purposes, in light of other factors, 

including the availability from other 

countries of the goods, software or 

technology proposed for such controls; 

2. Whether the foreign policy 

objective of such controls can be 

achieved through negotiations or other 

alternative means; 

3. The compatibility of the controls 

with the foreign policy objectives of the 

United States and with overall U.S. 

policy toward the country subject to the 

controls; 

4. Whether the reaction of other 

countries to the extension of such 

controls is not likely to render the 

controls ineffective in achieving the 

intended foreign policy objective or be 

counterproductive to U.S. foreign policy 

interests; 

5. The comparative benefits to U.S. 

foreign policy objectives versus the 

effect of the controls on the export 

performance of the United States, the 

competitive position of the United 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 174 / Friday, September 7, 2012 / Notices 55185 

States in the international economy, the 

international reputation of the United 

States as a supplier of goods and 

technology; and 

6. The ability of the United States to 

effectively enforce the controls. 

BIS is particularly interested in 

receiving comments on the economic 

impact of proliferation controls. BIS is 

also interested in industry information 

relating to the following: 

1. Information on the effect of foreign 

policy-based export controls on sales of 

U.S. products to third countries (i.e., 

those countries not targeted by 

sanctions), including the views of 

foreign purchasers or prospective 

customers regarding U.S. foreign policybased export controls. 

2. Information on controls maintained 

by U.S. trade partners. For example, to 

what extent do U.S. trade partners have 

similar controls on goods and 

technology on a worldwide basis or to 

specific destinations? 

3. Information on licensing policies or 

practices by our foreign trade partners 

that are similar to U.S. foreign policy 

based export controls, including license 

review criteria, use of conditions, and 

requirements for pre- and post-shipment 

verifications (preferably supported by 

examples of approvals, denials and 

foreign regulations). 

4. Suggestions for bringing foreign 

policy-based export controls more into 

line with multilateral practice. 

5. Comments or suggestions to make 

multilateral controls more effective. 

6. Information that illustrates the 

effect of foreign policy-based export 

controls on trade or acquisitions by 

intended targets of the controls. 

7. Data or other information on the 

effect of foreign policy-based export 

controls on overall trade at the level of 

individual industrial sectors. 

8. Suggestions for measuring the effect 

of foreign policy-based export controls 

on trade. 

9. Information on the use of foreign 

policy-based export controls on targeted 

countries, entities, or individuals. BIS is 

also interested in comments relating 

generally to the extension or revision of 

existing foreign policy-based export 

controls. 

Parties submitting comments are 

asked to be as specific as possible. All 

comments received before the close of 

the comment period will be considered 

by BIS in reviewing the controls and in 

developing the report to Congress. All 

comments received in response to this 

notice will be displayed on BIS’s 

Freedom of Information Act (FOIA) Web 

site at http://www.bis.doc.gov/foia and 

on the Federal e-Rulemaking portal at 

www.Regulations.gov. All comments 

will also be included in a report to 

Congress, as required by section 6 of the 

EAA, which directs that BIS report to 

Congress the results of its consultations 

with industry on the effects of foreign 

policy-based controls. 

Dated: August 27, 2012. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2012–21571 Filed 9–6–12; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Application(s) for Duty-Free Entry of 

Scientific Instruments 

Pursuant to Section 6(c) of the 

Educational, Scientific and Cultural 

Materials Importation Act of 1966 (Pub. 

L. 89–651, as amended by Pub. L. 106– 

36; 80 Stat. 897; 15 CFR part 301), we 

invite comments on the question of 

whether instruments of equivalent 

scientific value, for the purposes for 

which the instruments shown below are 

intended to be used, are being 

manufactured in the United States. 

Comments must comply with 15 CFR 

301.5(a)(3) and (4) of the regulations and 

be postmarked on or before September 

27, 2012. Address written comments to 

Statutory Import Programs Staff, Room 

3720, U.S. Department of Commerce, 

Washington, DC 20230. Applications 

may be examined between 8:30 a.m. and 

5:00 p.m. at the U.S. Department of 

Commerce in Room 3720. 

Docket Number: 12–034. Applicant: 

Stony Brook University, 100 Nicolls Rd., 

Stony Brook, NY 11794. Instrument: 

Electron Microscope. Manufacturer: 

JEOL Ltd., Japan. Intended Use: The 

instrument will be used to study the 

morphology and crystalline structure of 

metallic, semi-conductor, or polymeric 

materials. Justification for Duty-Free 

Entry: There are no instruments of the 

same general category manufactured in 

the United States. Application accepted 

by Commissioner of Customs: July 11, 

2012. 

Docket Number: 12–035. Applicant: 

The City College of New York, Office of 

the Dean of Science, Marshak 1320, 160 

Convent Ave., New York, NY 10031. 

Instrument: Electron Microscope. 

Manufacturer: JEOL Ltd., Japan. 

Intended Use: The instrument will be 

used for several projects including the 

examination of the distribution of 

intracellular proteins that mediate the 

ligand-mediated chemotaxis of cells 

within a micro-controlled environment, 

the study of nanoparticles, and the 

structure of influenza vaccine strains. 

Justification for Duty-Free Entry: There 

are no instruments of the same general 

category manufactured in the United 

States. Application accepted by 

Commissioner of Customs: July 30, 

2012. 

Dated: August 30, 2012. 

Callie H. Conroy, 

Acting Director of Subsidies Enforcement, 

Import Administration. 

[FR Doc. 2012–22113 Filed 9–6–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Application(s) for Duty-Free Entry of 

Scientific Instruments 

Pursuant to Section 6(c) of the 

Educational, Scientific and Cultural 

Materials Importation Act of 1966 (Pub. 

L. 89–651, as amended by Pub. L. 106– 

36; 80 Stat. 897; 15 CFR part 301), we 

invite comments on the question of 

whether instruments of equivalent 

scientific value, for the purposes for 

which the instruments shown below are 

intended to be used, are being 

manufactured in the United States. 

Comments must comply with 15 CFR 

301.5(a)(3) and (4) of the regulations and 

be postmarked on or before September 

27, 2012. Address written comments to 

Statutory Import Programs Staff, Room 

3720, U.S. Department of Commerce, 

Washington, DC 20230. Applications 

may be examined between 8:30 a.m. and 

5:00 p.m. at the U.S. Department of 

Commerce in Room 3720. 

Docket Number: 12–034. Applicant: 

Stony Brook University, 100 Nicolls Rd., 

Stony Brook, NY 11794. Instrument: 

Electron Microscope. Manufacturer: 

JEOL Ltd., Japan. Intended Use: The 

instrument will be used to study the 

morphology and crystalline structure of 

metallic, semi-conductor, or polymeric 

materials. Justification for Duty-Free 

Entry: There are no instruments of the 

same general category manufactured in 

the United States. Application accepted 

by Commissioner of Customs: July 11, 

2012. 

Docket Number: 12–035. Applicant: 

The City College of New York, Office of 

the Dean of Science, Marshak 1320 160 

Convent Ave., New York, NY 10031. 

Instrument: Electron Microscope. 

Manufacturer: JEOL Ltd., Japan. 

Intended Use: The instrument will be 

used for several projects including the 

examination of the distribution of 

intracellular proteins that mediate the 

ligand-mediated chemotaxis of cells 

within a micro-controlled environment, 


srobinson on DSK4SPTVN1PROD with NOTICES