43972 Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Rules and Regulations 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part, A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of airspace necessary to 

ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it amends Class E airspace at Tri-Cities 

Regional Airport, Tri-Cities, TN. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a. This airspace action is 

not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, and 

effective September 15, 2012, is 

amended as follows: 

Paragraph 6002 Class E Airspace 

Designated as Surface Areas 

* * * * * 

ASO TN E2 Tri-Cities, TN [Amended] 

Tri-Cities Regional Airport, TN/VA 

(Lat. 36°28′31′′ N., long. 82°24′27′′ W.) 

Edwards Heliport, TN 

(Lat. 36°25′57′′ N., long. 82°17′37′′ W.) 

That airspace extending upward from the 

surface within a 6.8-mile radius of Tri-Cities 

Regional Airport, excluding the 2.5-mile 

radius of Edwards Heliport. This Class E 

airspace area is effective during the specific 

days and times established in advance by a 

Notice to Airmen. The effective days and 

times will thereafter be continuously 

published in the Airport/Facility Directory. 

Issued in College Park, Georgia, on July 10, 

2013. 

Jack Allen, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2013–17256 Filed 7–22–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 736 and 746 

[Docket No. 130627574–3574–01] 

RIN 0694–AF94 

Amendments to the Export 

Administration Regulations: 

Implementation of Limited Syria 

Waiver for Reconstruction Assistance 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) amends the Export 

Administration Regulations (EAR) to 

implement a limited waiver, published 

by the Secretary of State on June 12, 

2013, of the Syria Accountability and 

Lebanese Sovereignty Restoration Act of 

2003 (the SAA). The waiver authorizes 

BIS to issue licenses on a case-by-case 

basis for the export or reexport of 

certain commodities, software, and 

technology necessary for the support of 

the Syrian people. Specifically, 

consistent with Section 5(b) of the SAA, 

Executive Order 13338 of May 11, 2004 

and the International Emergency 

Economic Powers Act (IEEPA), BIS 

implements the waiver by amending its 

Syria licensing policy under the EAR. 

BIS will review licenses on a case-bycase basis for the export or reexport of 

certain commodities, software, and 

technology, including, but not limited 

to, those related to water supply and 

sanitation, agricultural production and 

food processing, power generation, oil 

and gas production, construction and 

engineering, transportation, and 

educational infrastructure, as a means of 

helping to address the critical needs of 

the Syrian people and facilitating 

reconstruction. These exports are 

necessary to support a political 

transition, restore stability, and counter 

destabilizing influences in the region, 

and are therefore essential to the 

national security of the United States. 

DATES: This rule is effective July 23, 

2013. 

FOR FURTHER INFORMATION CONTACT: 

Steven Schrader, Senior Export Policy 

Analyst, Foreign Policy Division, Office 

of Nonproliferation and Treaty 

Compliance, Bureau of Industry and 

Security, by phone (202) 482–1338 or by 

email Steven.Schrader@bis.doc.gov or 

the BIS Foreign Policy Division at (202) 

482–4252. 

SUPPLEMENTARY INFORMATION: 

Background 

In 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), the 

United States addressed the Syrian 

government’s support for terrorist 

groups, its military presence in 

Lebanon, its pursuit of weapons of mass 

destruction, and its actions to 

undermine U.S. and international efforts 

with respect to the stabilization and 

reconstruction of Iraq (Section 5(a) and 

(d)). Section 5(a)(1) of the SAA requires 

the President to prohibit the export to 

Syria of all items on the Commerce 

Control List (15 CFR Part 774). The SAA 

also requires the President to impose 

two or more of the six additional 

sanctions set forth in Section 5(a)(2)(A)– 

(F). 

The President implemented those 

sanctions through Executive Order (EO) 

13338 of May 11, 2004, which includes 

an additional sanction prohibiting the 

export to Syria of products of the United 

States other than food and medicine. 

However, the President exercised 

national security waiver authority 

pursuant to Section 5(b) of the SAA, 

which authorized certain transactions 

under BIS license and delegated his 

authority to issue additional waivers to 

the Secretary of State. 

In accordance with this EO, BIS 

implemented sanctions on Syria by 

issuing General Order No. 2 to 

Supplement No. 1 to Part 736 of the 

Export Administration Regulations 

(EAR). See 69 FR 26766 (May 14, 2004). 

In addition, BIS later made 

administrative changes to General Order 

No. 2 and § 746.9 of the EAR to facilitate 

compliance with the comprehensive 

U.S. sanctions on Syria. See 74 FR 

77115 (Dec. 12, 2011). 

On June 12, 2013, the Secretary of 

State exercised authority delegated to 

him by the President in Section 9 of EO 

13338 to waive the application of 

specific sanctions imposed on Syria 

pursuant to the SAA. This rule 


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Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Rules and Regulations 43973 

implements the Secretary of State’s 

waiver by amending General Order No. 

2 and § 746.9 of the EAR. Specifically, 

BIS revises the list of waivers in General 

Order No. 2 and the associated licensing 

policy in § 746.9 of the EAR to allow 

case-by-case review of applications for 

exports and reexports of items necessary 

for the support of the Syrian people. 

These exports are necessary to support 

a political transition, restore stability, 

and counter destabilizing influences in 

the region, and are therefore essential to 

the national security of the United 

States. The items may include, but are 

not limited to, commodities, software, 

and technology related to water supply 

and sanitation, agricultural production 

and food processing, power generation, 

oil and gas production, construction and 

engineering, transportation, and 

educational infrastructure. 

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., p. 783 

(2002)), as amended by Executive Order 

13637 of March 8, 2013, 78 FR 16129 

(March 13, 2013), and as extended most 

recently by the Notice of August 15, 

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

has continued the EAR in effect under 

the IEEPA. BIS continues to carry out 

the provisions of the Act, as appropriate 

and to the extent permitted by law, 

pursuant to EO 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 (OMB). 

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 

OMB Control Number. This rule 

involves collections of information 

subject to the PRA. This collection has 

been approved by OMB under control 

number 0694–0088, ‘‘Multi-Purpose 

Application,’’ which carries a burden 

hour estimate of 43.8 minutes to prepare 

and submit form BIS–748. Total burden 

hours associated with the PRA and 

OMB control number 0694–0088 are not 

expected to increase as a result of this 

rule. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. Pursuant to 5 U.S.C. 553(a)(1), the 

provisions of the Administrative 

Procedure Act requiring notice of 

proposed rulemaking, the opportunity 

for public participation, and a delay in 

effective date, are inapplicable because 

this regulation involves a military or 

foreign affairs function of the United 

States (see 5 U.S.C. 553(a)(1)). This rule 

implements the waiver of certain 

sanctions on Syria to authorize the 

exportation or reexportation of items 

necessary for the support of the Syrian 

people. No other law requires that a 

notice of proposed rulemaking and an 

opportunity for public comment be 

given for this rule. Because a notice of 

proposed rulemaking and an 

opportunity for public comment are not 

required to be given for this rule by 5 

U.S.C. 553, or by any other law, the 

analytical requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., are not applicable. Accordingly, 

no Regulatory Flexibility analysis is 

required and none has been prepared. 

Notwithstanding these considerations, 

BIS welcomes public comments and 

will review them on a continuing basis. 

List of Subjects 

15 CFR Part 736 

Exports. 

15 CFR Part 746 

Exports, Reporting and recordkeeping 

requirements. 

Accordingly, parts 736 and 746 of the 

EAR (15 CFR parts 730–774) are 

amended as follows: 

PART 736—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 748 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 May 9, 2012, 77 FR 27559 

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

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

November 1, 2012, 77 FR 66513 (November 

5, 2012). 

■ 2. Supplement No. 1 to part 736, in 

paragraph (b), General Order No. 2 is 

amended by revising the last phrase in 

the third sentence and adding a phrase 

after it to read as follows: 

Supplement No. 1 to Part 736—General 

Orders 

* * * * * 

(b) * * * 

General Order No. 2 * * * ; items in 

support of United Nations operations in 

Syria; and items necessary for the support of 

the Syrian people, including, but not limited 

to, items related to water supply and 

sanitation, agricultural production and food 

processing, power generation, oil and gas 

production, construction and engineering, 

transportation, and educational 

infrastructure. * * * 

* * * * * 

PART 746—[AMENDED] 

■ 3. 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; E.O. 13338, 69 FR 26751, 3 

CFR, 2004 Comp., p 168; 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); Notice of May 

9, 2012, 77 FR 27559 (May 10, 2012); Notice 

of August 15, 2012, 77 FR 49699 (August 16, 

2012). 

■ 4. In § 746.9, paragraph (c)(2) is 

amended by revising the last phrase in 

the first sentence and adding a phrase 

after it to read as follows: 

§ 746.9 Syria 

* * * * * 

(c) * * * 

(2) * * * ; items in support of United 

Nations operations in Syria; and items 

necessary for the support of the Syrian 

people, including, but not limited to, 

items related to water supply and 

sanitation, agricultural production and 

food processing, power generation, oil 

and gas production, construction and 

engineering, transportation, and 

educational infrastructure. * * * 

* * * * * 


sroberts on DSK5SPTVN1PROD with RULES
43974 Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Rules and Regulations 

1 44 FR 66466 (Nov. 19, 1979) (Rule’s initial 

promulgation). 

2 42 U.S.C. 6294. EPCA also requires the DOE to 

develop test procedures that measure how much 

energy appliances use, and to determine the 

representative average cost a consumer pays for 

different types of energy. 

3 77 FR 15298 (Mar. 15, 2012) (regulatory review). 

The Commission currently has another open 

proceeding related to light bulb coverage. See 76 FR 

45715 (Aug. 1, 2011) (proposed expanded light bulb 

coverage). 

4 16 CFR 305.10. 

5See http://www.ftc.gov/opa/2012/12/ 

energylabel.shtm. 78 FR 1779 (Jan. 9, 2013). 

6See http://ftc.gov/os/comments/ 

energylabelrangers/index.shtm. The organizational 

comments included: Alliance Laundry Systems LLC 

(# 563707–00002 and # 563707–00012), Association 

of Home Appliance Manufacturers (AHAM) 

(#563707–00003 and #563707–00013), AirConditioning, Heating, and Refrigeration Institute 

(AHRI) (#563707–00004 and #563707–00010), joint 

comments from several energy, environmental and 

consumer organizations (including Alliance to Save 

Energy, Appliance Standards Awareness Project, 

Consumer Federation of America, Consumers 

Union, Earthjustice, Natural Resources Defense 

Council, Public Citizen, and the Sierra Club) (‘‘Joint 

Commenters’’) (#563707–00005 and #563707– 

00011), and the California Independently Owned 

Utilities Codes & Standards Team (CA IOU) 

(#563707–00009), VanBrocklin (#563707–00008), 

and individual consumer letters (2,915 letters from 

individual consumers) (#563707–00006). All the 

consumer letters, which were gathered and 

submitted by Earthjustice, addressed the issue of 

label categories for refrigerator configurations. 

7The amendments also contain several 

corrections to the numbering for the Rule’s sample 

labels (section 305.17 and Appendix L), the list of 

states and capacity references on heating and 

cooling equipment labels in Appendix L, references 

to heating and cooling products in 305.12, and a 

Web site address in 305.20. 

8 77 FR 15298. 

9 16 CFR 305.10. In addition to revising existing 

comparability ranges, the Commission proposed to 

include a new range for instantaneous electric water 

heaters based on data submitted by industry. 

Dated: July 17, 2013. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2013–17665 Filed 7–22–13; 8:45 am] 

BILLING CODE 3510–33–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 305 

[3084–AB15] 

Energy and Water Use Labeling for 

Consumer Products Under the Energy 

Policy and Conservation Act (Energy 

Labeling Rule) 

AGENCY: Federal Trade Commission 

(‘‘FTC’’ or ‘‘Commission’’). 

ACTION: Final rule. 

SUMMARY: The Commission amends the 

Energy Labeling Rule (‘‘Rule’’) by 

updating comparability ranges and unit 

energy costs for many EnergyGuide 

labels. The Commission also issues a 

conditional exemption and amendments 

for modified refrigerator and clothes 

washer labels to help consumers 

compare the labels for these products 

after the implementation of upcoming 

changes to the Department of Energy 

(‘‘DOE’’) test procedures. 

DATES: The amendments published in 

this document will become effective on 

November 15, 2013. 

ADDRESSES: Requests for copies of this 

document should be sent to: Public 

Reference Branch, Room 130, Federal 

Trade Commission, 600 Pennsylvania 

Avenue NW., Washington, DC 20580. 

The complete record of this proceeding 

is also available at that address. 

Relevant portions of the proceeding, 

including this document, are available 

at http://www.ftc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Hampton Newsome, (202) 326–2889, 

Attorney, Division of Enforcement, 

Bureau of Consumer Protection, Federal 

Trade Commission, 600 Pennsylvania 

Avenue NW., Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Commission issued the Energy 

Labeling Rule (‘‘Rule’’) in 1979,1

pursuant to the Energy Policy and 

Conservation Act of 1975 (EPCA).2 The 

Rule requires energy labeling for major 

home appliances and other consumer 

products, to help consumers compare 

competing models. When first 

published, the Rule applied to eight 

categories: Refrigerators, refrigeratorfreezers, freezers, dishwashers, water 

heaters, clothes washers, room air 

conditioners, and furnaces. The 

Commission subsequently expanded the 

Rule’s coverage to include central air 

conditioners, heat pumps, plumbing 

products, lighting products, ceiling fans, 

and televisions. The Commission is 

currently conducting a regulatory 

review of the Rule.3

The Rule requires manufacturers to 

attach yellow EnergyGuide labels for 

many of the covered products, and 

prohibits retailers from removing the 

labels or rendering them illegible. In 

addition, the Rule directs sellers, 

including retailers, to post label 

information on Web sites and in paper 

catalogs from which consumers can 

order products. EnergyGuide labels for 

covered products contain three key 

disclosures: Estimated annual energy 

cost (for most products); a product’s 

energy consumption or energy 

efficiency rating as determined from 

DOE test procedures; and a 

comparability range displaying the 

highest and lowest energy costs or 

efficiency ratings for all similar models. 

For energy cost calculations, the Rule 

specifies national average costs for 

applicable energy sources (e.g., 

electricity, natural gas, oil) as calculated 

by DOE. The Rule sets a five-year 

schedule for updating comparability 

range and annual energy cost 

information.4 The Commission updates 

the range information based on 

manufacturer data submitted pursuant 

to the Rule’s reporting requirements. 

II. Notice of Proposed Rulemaking 

In a Notice of Proposed Rulemaking 

(NPRM) announced December 31, 

2012,5 the Commission, consistent with 

its five-year schedule, proposed to 

update the comparability ranges 

(Appendices A–J to Part 305) and 

national average energy costs (Appendix 

K to Part 305) for many EnergyGuide 

labels. The NPRM also contained 

several minor, proposed revisions and 

updates to the label’s content, some 

suggested by commenters as part of the 

ongoing regulatory review. Finally, the 

Commission proposed to grant a request 

from the Association of Home 

Appliance Manufacturers (AHAM) for 

an exemption related to labeling 

requirements for refrigerators, 

refrigerator-freezers, and freezers 

(hereinafter referred to as 

‘‘refrigerators’’), and clothes washers to 

address recent DOE test procedures. 

In response to the NPRM, the 

Commission received 10 comments 

from organizations and individuals as 

well as 2,915 nearly identical letters 

from individual consumers as part of a 

mass mailing.6 As discussed in detail 

below, the comments generally 

supported the Commission’s proposals. 

The Commission now publishes final 

amendments on these issues, with some 

minor changes detailed below.7

Although the present amendments, 

along with an earlier final rule notice 

published on January 10, 2013 (78 FR 

2200), address several issues raised 

during the regulatory review, the 

Commission plans to consider 

additional issues in a future notice.8

A. Comparability Range and Energy 

Cost Revisions 

Background: The NPRM contained 

proposed revisions to the comparability 

range and energy cost information for 

many products bearing EnergyGuide 

labels.9 In addition, the Commission 

proposed to update the average energy 

cost (e.g., 12 cents per kWh) 

manufacturers must use to calculate a 

model’s estimated energy cost for the 

label based on updated national 


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