Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations 13463 

Authority: 12 U.S.C. 1752(5), 1755, 1756, 

1757, 1758, 1759, 1761a, 1761b, 1766, 1767, 

1782, 1784, 1786, 1787, 1789. Section 701.31 

is also authorized by 15 U.S.C. 1601, et seq., 

42 U.S.C. 1981 and 3601–3610. Section 

701.35 is also authorized by 12 U.S.C. 4311– 

4312. 

■ 2. Revise the fifth paragraph of 

Section V.A.2 of Chapter 2 of Appendix 

B to part 701 to read as follows: 

Appendix B to Part 701—Chartering 

and Field of Membership Manual 

* * * * * 

Chapter 2 

* * * * * 

V.A.2—Definition of Well-Defined Local 

Community and Rural District 

* * * * * 

The rural district requirement is met if: 

• Rural District— 

• The district has well-defined, contiguous 

geographic boundaries; 

• More than 50% of the district’s 

population resides in census blocks or other 

geographic areas that are designated as rural 

by the United State Census Bureau; and 

• The total population of the district does 

not exceed the greater of 250,000 people or 

three percent of the population of the state 

in which the majority of the district is 

located; or 

• The district has well-defined, contiguous 

geographic boundaries; 

• The district does not have a population 

density in excess of 100 people per square 

mile; and 

• The total population of the district does 

not exceed the greater of 250,000 people or 

three percent of the population of the state 

in which the majority of the district is 

located. 

* * * * * 

[FR Doc. 2013–04647 Filed 2–27–13; 8:45 am] 

BILLING CODE 7535–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0421; Directorate 

Identifier 2012–NM–042–AD; Amendment 

39–17284; AD 2012–25–03] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting an 

airworthiness directive (AD) that 

published in the Federal Register. That 

AD applies to certain The Boeing 

Company Model 757 airplanes. That AD 

incorrectly identified certain actions 

that are terminated in another AD. This 

document corrects that error. In all other 

respects, the original document remains 

the same. 

DATES: This final rule is effective 

February 28, 2013. The effective date for 

AD 2012–25–03 (77 FR 73897, 

December 12, 2012) remains January 16, 

2013. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Elias Natsiopoulos, Aerospace Engineer, 

Systems and Equipment Branch, ANM– 

130S, FAA, Seattle Aircraft Certification 

Office (ACO), 1601 Lind Avenue SW., 

Renton, WA 98057–3356; phone: 425– 

917–6478; fax: 425–917–6590; email: 

Elias.Natsiopoulos@faa.gov. 

SUPPLEMENTARY INFORMATION: AD 2012– 

25–03, Amendment 39–17284 (77 FR 

73897, December 12, 2012), currently 

requires repetitive inspections of 

electrical heat terminals on the left and 

right windshields for damage, and 

corrective actions if necessary; and 

allows replacing an affected windshield 

with a windshield equipped with 

different electrical connections, which 

would terminate the repetitive 

inspections for that windshield. For 

certain The Boeing Company Model 757 

airplanes, AD 2012–25–03 also specifies 

that accomplishing the required actions 

terminates certain requirements of AD 

2010–15–01, Amendment 39–16367 (75 

FR 39804, July 13, 2010), for that 

airplane only. 

As published, paragraph (l) of AD 

2012–25–03, Amendment 39–17284 (77 

FR 73897, December 12, 2012), 

incorrectly identified certain actions 

that are terminated in AD 2010–15–01, 

Amendment 39–16367 (75 FR 39804, 

July 13, 2010). 

No other part of the preamble or 

regulatory information has been 

changed; therefore, only the changed 

portion of the final rule is being 

published in the Federal Register. 

The effective date of this AD remains 

January 16, 2013. 

Correction of Regulatory Text 

§ 39.13 [Corrected] 

■ In the Federal Register of December 

12, 2012, AD 2012–25–03, Amendment 

39–17284 (77 FR 73897, December 12, 

2012), on page 73902, in the second 

column, paragraph (l) of AD 2012–25– 

03 is corrected to read as follows: 

* * * * * 

(l) Related AD Termination 

Accomplishing the actions required by this 

AD terminates the requirements of 

paragraphs (f), (g), and (h) of AD 2010–15– 

01, Amendment 39–16367 (75 FR 39804, July 

13, 2010), for that airplane only. 

* * * * * 

Issued in Renton, Washington, on February 

15, 2013. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–04337 Filed 2–27–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 730, 732, 734, 736, 740, 

742, 743, 744, 745, 748, 752, 754, 756, 

758, 760, 762, 764, and 772 

[Docket No. 120320203–2295–03] 

RIN 0694–AF63 

Editorial Corrections to the Export 

Administration Regulations 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule corrects 

reference and typographical errors in 

the Export Administration Regulations 

(EAR). The corrections are editorial in 

nature and do not affect license 

requirements. 

DATES: Effective on February 28, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Robert Monjay, Office of Exporter 

Services, Bureau of Industry and 

Security, by telephone (202) 482–2440 

or email: Robert.Monjay@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 14, 1994, by Executive 

Order 12938, the President declared a 

national emergency with respect to the 

unusual and extraordinary threat to the 

national security, foreign policy, and 

economy of the United States posed by 

the proliferation of nuclear, biological, 

and chemical weapons (weapons of 


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13464 Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations 

mass destruction) and the means of 

delivering such weapons. The authority 

for parts 730, 734, 736, 742 and 745 of 

the EAR rests in part on that executive 

order and the annual notices continuing 

the international emergency declared 

therein. This rule revises the authority 

citations paragraphs to parts 730, 734, 

736, 742 and 745 of the EAR (15 CFR 

parts 730, 734, 736, 742 and 745) to 

include citations to the President’s 

Notice of November 1, 2012— 

Continuation of the National Emergency 

With Respect to Weapons of Mass 

Destruction (77 FR 66513, November 5, 

2012), which is the most recent such 

annual notice. 

On September 23, 2001, by Executive 

Order 13224 (66 FR 49079, 3 CFR, 2001 

Comp., p. 786), pursuant to the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706), the 

President declared a national emergency 

with respect to persons who commit, 

threaten to commit, or support 

terrorism. The authority for part 730 of 

the EAR rests in part on that executive 

order and the annual notices continuing 

the international emergency declared 

therein. This rule also revises the 

authority citations paragraphs to part 

730 of the EAR (15 CFR part 730) to 

include citations to the President’s 

Notice of September 11, 2012— 

Continuation of the National Emergency 

With Respect to Persons Who Commit, 

Threaten To Commit, or Support 

Terrorism (77 FR 56519, September 12, 

2012), which is the most recent such 

annual notice. 

On January 25, 1995, by Executive 

Order 12947 (60 FR 5079, 3 CFR, 1995 

Comp., p. 356), the President declared a 

national emergency with respect to the 

unusual and extraordinary threat to the 

national security, foreign policy and 

economy of the United States posed by 

grave acts of violence committed by 

terrorists who threaten to disrupt the 

Middle East process. On August 20, 

1998, by Executive Order 13099 (63 FR 

45167, 3 CFR, 1998 Comp., p. 208), the 

President modified the Annex to 

Executive Order 12947 to identify four 

additional persons who threaten to 

disrupt the Middle East peace process. 

On February 16, 2005, by Executive 

Order 13372, the President clarified the 

steps taken in Executive Order 12947. 

The national emergency declared in 

Executive Order 12947 has been 

continued in effect through successive 

annual presidential notices. The 

authority for Parts 730 and 744 of the 

EAR (15 CFR parts 730 and 744) rests 

in part on Executive Order 12947, as 

amended and clarified, and on the 

successive annual notices continuing 

the emergency declared in that 

Executive Order. This rule revises the 

authority citation paragraphs in those 

parts of the CFR to include a citation to 

the President’s Notice of January 17, 

2013 (Continuation of the National 

Emergency With Respect to Terrorists 

Who Threaten to Disrupt the Middle 

East Peace Process (78 FR 4303, January 

22, 2013), which is the most recent such 

annual Presidential notice. 

Corrections 

This final rule updates seventeen 

parts of the EAR to correct spelling and 

typographical errors, inaccurate internal 

references, and incorrect paragraph 

designations. 

This rule amends the EAR to update 

the mailing address for the Bureau of 

Industry and Security (BIS). The BIS 

mailroom is no longer Room 2705. Mail 

for BIS should now be directed to Room 

2099B. Consistent with this room 

change, this rule makes seventeen 

changes in chapter VII, subchapter C of 

title 15 of the Code of Federal 

Regulations, the Export Administration 

Regulations (EAR). Specifically, this 

rule changes all references to ‘‘Room 

2705’’, ‘‘Room H2705’’, or ‘‘Room H 

2705’’, wherever they appear in chapter 

VII, subchapter C, to the corrected 

‘‘Room 2099B’’. 

Part 730 

This rule corrects an error in 

Supplement No. 1 to Part 730 of the 

EAR that was in a final rule published 

by BIS on March 22, 2005 (70 FR 14385, 

14386). The March 22, 2005 rule 

contained typographical and formatting 

errors in the title of the Information 

Collection under OMB Control Number 

0694–0102. To correct these errors, this 

rule restates the title, ‘‘Registration of 

U.S. Agricultural Commodities For 

Exemption From Short Supply 

Limitations on Export, and Petitions For 

The Imposition of Monitoring Or 

Controls On Recyclable Metallic 

Materials; Public Hearings’’ to remove 

extraneous quotation marks and correct 

spelling and capitalization errors. 

This rule updates Supplement No. 3 

to Part 730 of the EAR with the correct 

contact information for the Directorate 

of Defense Trade Controls. More 

specifically, Supplement No. 3 to Part 

730 is modified to remove the outdated 

telephone and facsimile numbers for the 

Directorate of Defense Trade Controls 

and insert the correct telephone and 

facsimile numbers and the Web site 

address: telephone (202) 663–2700, 

facsimile (202) 261–8695, and Web site 

http://www.pmddtc.state.gov/ 

index.html. This change ensures that all 

information in Supplement 3 to Part 730 

is correct and useful as reference 

information. 

Part 732 

This rule updates part 732 of the EAR 

by modifying the title for Supplement 

No. 2 to Part 732 to ‘‘SUPPLEMENT NO. 

2 TO PART 732—SUBJECT TO THE 

EAR?’’ This change will make the title 

more applicable to Supplement No. 2. 

Part 734 

This rule updates Supplement No. 2 

to Part 734 of the EAR to remove 

duplicative and potentially confusing 

information in the address for 

submission of required reports. More 

specifically, paragraph (b)(2)(iii) 

incorrectly lists the address for the BIS 

Regulatory Policy Division. Paragraph 

(b)(2)(iii) is modified to read ‘‘U.S. 

Department of Commerce, Bureau of 

Industry and Security, Regulatory Policy 

Division, 14th and Pennsylvania 

Avenue NW., Room 2099B, Washington, 

DC 20230.’’ This change removes the 

duplicative use of ‘‘Regulatory Policy 

Division’’ in the address, updates the 

room number, and ensures that the 

address block is correct. 

Part 736 

This rule updates Supplement No. 1 

to Part 736 of the EAR by reformatting 

and renumbering the supplement to 

conform to CFR paragraph structure and 

to include headers for each of the 

General Orders. More specifically, 

Supplement No. 1 to Part 736 is 

modified by adding proper paragraph 

structure and inserting the header 

‘‘General Order No. 1,’’ ‘‘General Order 

No. 2,’’ and ‘‘General Order No. 4’’ 

before each applicable paragraph. This 

change will make this part of the EAR 

easier to understand and more useful. 

Part 740 

This rule corrects a typographical 

error in Supplement No. 1 to Part 740 

that was in a final rule published by BIS 

on August 5, 1997 (62 FR 42047, 42049). 

The August 5, 1997 rule incorrectly 

spelled Tajikistan as ‘‘Tajikstan’’ in 

Country Group D. To correct this error, 

this rule removes the word ‘‘Tajikstan’’ 

and replaces it with the word 

‘‘Tajikistan’’ in the Country column for 

the Country Group D chart on 

Supplement No. 1 to Part 740. 

Part 742 

This rule corrects a grammatical error 

in § 742.9 of the EAR to create proper 

subject/verb agreement. More 

specifically, the word ‘‘is’’ at paragraph 

(b)(1)(ii) is removed and the word ‘‘are’’ 

is inserted in its place. This change 


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Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations 13465 

ensures that § 742.9 is clear and that 

users can understand its requirements. 

This rule corrects a grammatical error 

in § 742.10 of the EAR to create proper 

subject/verb agreement. More 

specifically, the word ‘‘is’’ at paragraph 

(b)(1)(ii) is removed and the word ‘‘are’’ 

is inserted in its place. This change 

ensures that § 742.10 is clear and that 

users can understand its requirements. 

This rule corrects § 742.17 of the EAR 

for a formatting error in a final rule 

published by BIS on April 13, 2009 (64 

FR 17968, 17973) by renumbering the 

footnotes in part 742 in sequential 

order. More specifically, the footnote in 

§ 742.17 is renumbered from ‘‘1’’ to ‘‘2’’ 

as footnote number 1 appears in 

§ 742.10. This change corrects an 

oversight whereby the footnote was 

added, but was numbered ‘‘1’’ as it was 

the only footnote to part 742 appearing 

in that Federal Register Notice. 

Part 744 

This rule corrects a formatting error in 

Supplement No. 2 to Part 744 as 

published by BIS on June 19, 2007 (72 

FR 33646, 33658). The June 19, 2007 

rule numbered the paragraphs in 

Category 3 out of order. Specifically, the 

second paragraph was numbered (iii) 

and the third paragraph was numbered 

(ii). To correct this error, this rule 

renumbers the paragraphs of Category 3 

in sequential order. 

Part 748 

This rule corrects a reference error in 

§ 748.2 of the EAR as published by BIS 

on July 11, 2011 (76 FR 40602, 40604), 

which contained an error in the 

amendatory text paragraphs (a)(2) and 

(a)(3). Specifically, the rule erroneously 

identified the Northern California 

Branch as being in Irvine rather than 

San Jose. This rule corrects this error, by 

amending the address blocks thereby 

ensuring that BIS offices are properly 

identified. 

This rule corrects a typographical 

error in Supplement 4 to Part 748 of the 

EAR as published by BIS on March 25, 

1996 (61 FR 12714, 12826). The March 

25, 1996 rule contained a typographical 

error for the address of the Ministere de 

l’Economie et des Finances, Direction 

Generale des Douanes et Droits 

Indirects, Division des Affaires 

Juridiques et Contentieuses. 

Specifically, the rule misidentified 

‘‘Paris Cedex 9’’ as ‘‘Paris Codex 9’’. 

This rule corrects this error, by 

amending the address block and thereby 

ensuring that the IC/DV Authority in 

France is properly identified. 

Part 752 

This rule corrects a grammatical error 

in § 752.11 of the EAR. Specifically, 

paragraphs (c)(1) through (c)(15) consist 

of a list of the elements of an Internal 

Control Program, and the word ‘‘and’’ is 

not included prior to the last item in the 

list. This rule corrects this error by 

adding the word ‘‘and’’ at the end of 

paragraph (c)(14). 

This rule corrects a reference error in 

the title of Supplement No. 2 to Part 752 

as published by BIS on April 24, 2006 

(71 FR 20876, 20886). The April 24, 

2006 rule incorrectly identified 

Supplement No. 2 to Part 752 as 

‘‘Instructions for Completing Form BIS– 

748P–B, ‘Item Annex’ ’’. However, the 

correct form number for the ‘‘Item 

Annex’’ is Form BIS–748P–A. This rule 

corrects this error by removing the word 

‘‘BIS–748P–B’’ and inserting the word 

‘‘BIS–748P–A’’ in its place. 

This rule corrects a reference error in 

Supplement No. 5 to Part 752 as 

published by BIS on May 9, 1997 (62 FR 

25451, 25467). The May 9, 1997 rule 

incorrectly identified Supplement No. 5 

to Part 752 as ‘‘Instructions for 

Completing Form BIS–748–B, End-User 

Appendix’’. However, the correct form 

number for the ‘‘End-User Appendix’’ is 

Form BIS–748P–B. This rule corrects 

this error by removing the word ‘‘BIS– 

748–B’’ and inserting the word ‘‘BIS– 

748P–B’’ in its place. 

Part 754 

This rule corrects a typographical 

error in § 754.4 of the EAR as published 

by BIS on September 22, 2003 (68 FR 

50470, 50473). The September 22, 2003 

rule contained a typographical error in 

the amendatory instructions for 

paragraph (d)(3)(ii). Specifically, the 

rule used the word ‘‘of’’ in the phrase 

‘‘Shipper’s Export Declaration of 

Automated Export System record’’ 

rather than the word ‘‘or’’. Additionally, 

the Shipper’s Export Declaration (SED) 

is no longer a valid method of reporting 

export information, so the reference to 

the SED is removed to update the EAR. 

This rule corrects this error by removing 

‘‘Shipper’s Export Declaration or’’ and 

adding in its place ‘‘The’’ in paragraph 

(d)(3)(ii). 

This rule corrects Supplement No. 3 

to Part 754 for an error in a final rule 

published by BIS on March 25, 1996 (61 

FR 12714, 12844). The March 25, 1996 

rule contained a typographical error, 

listing the citation to the National 

Emergencies Act as ‘‘() U.S.C. 1601 et 

seq.).’’ To correct this error, the 

incorrect citation is removed and the 

correct citation ‘‘(50 U.S.C. 1601 et 

seq.)’’ is inserted in its place. 

Part 756 

This rule corrects an error in § 756.1 

of the EAR as published by BIS on 

March 25, 1996 (61 FR 12714, 12851). 

The March 25, 1996 rule incorrectly left 

the word ‘‘Definitions’’ in paragraph (b) 

when the section was reserved. This 

rule corrects this error by removing the 

word ‘‘Definitions’’ from paragraph (b). 

Part 758 

This rule revises § 758.2 of the EAR. 

Paragraphs (d)(1) and (d)(2) contain 

contact information for the U.S. Census 

Bureau and Bureau of Industry and 

Security. This rule inserts the word 

‘‘telephone:’’ before the first phone 

number in each paragraph. This change 

will improve the readability of § 758.2. 

This rule corrects a grammatical error 

in § 758.7 of the EAR as published by 

BIS on August 21, 2003 (68 FR 50470, 

50474). The August 21, 2003 rule 

incorrectly contained the word ‘‘to’’ 

rather than the word ‘‘of’’ in the phrase 

‘‘and officials to the Office of Export 

Enforcement’’ of paragraph (b)(6). 

Additionally, the Shipper’s Export 

Declaration is no longer a valid method 

of reporting export information, so the 

reference to the SED is removed to 

update the EAR. This rule removes the 

word ‘‘to’’ and inserts the word ‘‘of’’ in 

its place and removes the phrase ‘‘SED 

or’’ in two places in paragraph (b)(6). 

Part 760 

This rule revises Supplement No. 1 to 

Part 760 of the EAR to update the 

required notary seal blocks. Paragraphs 

(I)(A), (I)(B), and (I)(C) contain 

certifications that are related to boycott 

activities. These certifications contain 

signature and notary blocks that include 

the first two digits of the year. These 

digits are currently 19, so to update the 

regulations for the 21st century 19 is 

changed to 20. This change will keep 

the regulations current. 

Part 762 

This rule corrects a citation error in 

§ 762.1 of the EAR as published by BIS 

on March 25, 1996 (61 FR 12714, 

12900). The March 25, 1996 rule, at 

paragraph (b), directed that records shall 

be produced ‘‘in a manner provided by 

§ 762.6 of this part.’’ However, 

instructions for the production of 

records required to be maintained by 

part 762 are contained in § 762.7. To 

correct this error, this rule modifies the 

language of paragraph (b) to ‘‘in a 

manner provided by § 762.7 of this 

part.’’ 

This rule corrects a reference error in 

§ 762.2 of the EAR. Paragraph (b)(7) 

identifies ‘‘Supplement No. 3 to Part 

742 High Performance Computers; 


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13466 Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations 

Safeguards and related Information’’ 

which was removed from the EAR and 

reserved by a final rule published by 

BIS on April 21, 2006 (71 FR 20876, 

20885). The April 21, 2006 rule moved 

the requirement for a security safeguard 

plan to paragraph (c)(2) of Supplement 

No. 2 to Part 748, but did not revise the 

reference in paragraph (b)(7). To correct 

this error, this rule removes the 

language ‘‘Supplement No. 3 to part 742 

High Performance Computers; 

Safeguards and related Information’’ 

from paragraph (b)(7) and inserts the 

language ‘‘Supplement No. 2 to Part 748 

paragraph (c)(2), Security Safeguard 

Plan requirement’’ in its place. 

This rule revises § 762.2 of the EAR to 

correct an error. Paragraph (b)(9) 

identifies ‘‘§ 740.7, Humanitarian 

donations (NEED)’’ which was 

renumbered and revised by a final rule 

published by BIS on December 4, 1996 

(61 FR 64272, 20885). The December 4, 

1996 rule did not revise the reference in 

paragraph (b)(9). To correct this error, 

this rule removes the language ‘‘§ 740.7, 

Humanitarian donations (NEED)’’ and 

inserts the language ‘‘§ 740.12, 

Humanitarian donations (GFT)’’ in its 

place. 

This rule revises § 762.2 of the EAR to 

correct an error. Paragraph (b)(12) 

identifies ‘‘§ 748.4(a), Disclosure and 

substantiation of facts on license 

applications’’ which was revised by a 

final rule published by BIS on July 10, 

2000 (65 FR 42565, 42569). The July 10, 

2000 rule did not revise the reference in 

paragraph (b)(12). To correct this error, 

this rule removes the language 

‘‘§ 748.4(a), Disclosure and 

substantiation of facts on license 

applications’’ and inserts the language 

‘‘§ 748.4(b), Disclosure of parties on 

license applications and the power of 

attorney’’ in its place. 

This rule revises § 762.2 of the EAR to 

correct an error. Paragraph (b)(15) 

identifies ‘‘§ 748.10, Import and Enduser Certificates’’ which was revised by 

a final rule published by BIS on June 19, 

2007 (72 FR 33646, 33659). The June 19, 

2007 rule did not revise the reference in 

paragraph (b)(15). To correct this error, 

this rule removes the language 

‘‘§ 748.10, Import and End-user 

Certificates’’ and inserts the language 

‘‘§ 748.10, Import Certificates and EndUser Statements’’ in its place. 

This rule revises § 762.2 of the EAR to 

correct an error. Paragraph (b)(18) 

identifies ‘‘§ 748.2(c), Obtaining forms; 

mailing addresses’’ which was removed 

by a final rule published by BIS on 

August 21, 2008 (73 FR 49323, 49330). 

The August 21, 2008 rule did not revise 

the reference in paragraph (b)(18). To 

correct this error, this rule removes the 

language ‘‘§ 748.2(c), Obtaining forms; 

mailing addresses’’ and inserts the 

language ‘‘§ 748.1(d)(2), Procedure for 

requesting authorization to file paper 

applications, notifications, or requests’’ 

in its place. 

This rule revises § 762.2 of the EAR to 

correct an error. Paragraph (b)(31) 

identifies ‘‘§ 754.2(j)(3), Recordkeeping 

requirements for deep water ballast 

exchange’’ which was moved by a final 

rule published by BIS on July 11, 2001 

(76 FR 40602, 40604) to § 754.2(j)(2). 

The July 11, 2001 rule did not revise the 

reference in paragraph (b)(18). To 

correct this error, this rule removes the 

language ‘‘§ 754.2(j)(3), Recordkeeping 

requirements for deep water ballast 

exchange’’ and inserts the language 

‘‘§ 754.2(j)(2), Recordkeeping 

requirements for deep water ballast 

exchange’’ in its place. 

This rule revises § 762.2 of the EAR to 

correct an error. Paragraph (b)(34) 

identifies ‘‘§ 758.1 and § 758.2, 

Shipper’s Export Declaration or 

Automated Export System record.’’ The 

Shipper’s Export Declaration is no 

longer a valid method of reporting 

export information, so the reference is 

removed to update the EAR. This rule 

removes ‘‘Shipper’s Export Declaration 

or’’ from paragraph (b)(34). 

This rule revises § 762.2 of the EAR to 

correct an error. Paragraph (b)(36) 

identifies ‘‘§ 760.6, Restrictive Trade 

Practices and Boycotts’’ in error. A final 

rule published by BIS on March 25, 

1996 (61 FR 12714, 12891) identified 

§ 760.6 when that rule set out part 760 

in its entirety and did not include 

§ 760.6. The reporting requirements of 

part 760 are included in § 760.5, so to 

correct the error, this rule removes the 

language ‘‘§ 760.6, Restrictive Trade 

Practices and Boycotts’’ and inserts the 

language ‘‘§ 760.5, Reporting 

requirements’’ in its place. 

This rule revises § 762.2 of the EAR to 

correct an error. Paragraph (b)(45), 

identifying ‘‘§ 758.2(c), Assumption 

writing; and’’, was added by a final rule 

published by BIS on July 10, 2000 (65 

FR 42565, 42573). The July 10, 2000 

rule incorrectly identified § 758.2(c) as 

the location of the written assumption 

requirement, rather than § 758.3(b). To 

correct this error, this rule removes the 

language ‘‘§ 758.2(c), Assumption 

writing’’ and inserts the language 

‘‘§ 758.3(b), Routed Export 

Transactions;’’ in its place. 

This rule revises § 762.2 to make it 

easier to understand. The subparagraphs 

of paragraph (b) are reordered in 

sequence by citation. 

Part 764 

This rule revises § 764.3 of the EAR to 

correct an error. The heading to 

paragraph (a)(1) was to be revised to 

read ‘‘Civil Monetary Penalty’’ by a final 

rule published by BIS on August 4, 2006 

(71 FR 44189, 44190); however the rule 

did not contain an amendatory 

instruction identifying the revision to 

the heading. To correct this error, this 

rule revises the heading to read ‘‘Civil 

Monetary Penalty.’’ 

Part 772 

This rule revises part 772 to update 

the reference to the Web site for the 

Automated Export System. The 

definition of ‘‘Automated Export System 

(AES)’’ includes a reference to the 

former AES Web site, ‘‘http:// 

www.customs.ustreas.gov/impoexpo/ 

abaesint.htm.’’ Additionally, the 

Shipper’s Export Declaration is no 

longer a valid method of reporting 

export information, so the reference to 

the SED is removed to update the EAR. 

To keep the information in the EAR up 

to date, this rule updates the Web site 

address by removing the reference 

‘‘http://www.customs.ustreas.gov/ 

impoexpo/abaesint.htm’’ and replacing 

it with ‘‘http://www.census.gov/foreigntrade/aes/index.html’’ in the definition 

of ‘‘Automated Export System (AES)’’ 

and removing the reference to the paper 

filing of the SED. 

This rule amends part 772 of the EAR 

by revising the spelling of the word 

‘‘signaling’’ to ensure a uniform spelling 

is used throughout the EAR. The word 

‘‘signaling’’ is spelled two ways 

throughout the EAR. The British 

spelling of ‘‘signalling’’ is used in the 

definition of ‘‘Data signalling rate’’ in 

part 772, consistent with the text of that 

definition in the Wassenaar 

Arrangement. The American spelling 

‘‘signaling’’ is used elsewhere in the 

EAR, including the use of that defined 

term in the applicable ECCNs. All of the 

definitions in the Wassenaar 

Arrangement that contain the word 

‘‘signalling’’ were removed as of 

December 14, 2011. Therefore, in 

adopting a uniform spelling throughout 

the EAR, the American spelling is to be 

used. The spelling of the word 

‘‘signalling’’ in the definition of ‘‘Data 

signalling rate’’ in part 772 will be 

revised to ‘‘signaling’’ at two 

occurrences. 

This rule corrects an error in part 772 

of the EAR as published by BIS on 

February 18, 2005 (70 FR 8245, 8250). 

The February 18, 2005 rule contained 

the incorrect spellings of Kazakhstan 

and Tajikistan in the definition of 

‘‘Controlled country’’ at part 772. To 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations 13467 

correct this error, this rule removes the 

words ‘‘Kazakstan’’ and ‘‘Tajikstan’’ 

from the definition of ‘‘Controlled 

country’’ in part 772 and inserts words 

‘‘Kazakhstan’’ and ‘‘Tajikistan’’ in 

alphabetic order. 

This rule corrects a citation error in 

part 772 of the EAR as published by BIS 

on March 25, 1996 (61 FR 12714, 

12930). The March 25, 1996 rule 

contained a typographical error in the 

definition of ‘‘General Prohibitions’’ in 

part 772. Specifically, the rule 

misidentified the location of the General 

Prohibitions in the EAR as part 734 of 

the EAR, rather than part 736 of the 

EAR. This rule corrects this error, by 

removing the citation ‘‘734’’ and 

inserting the citation ‘‘736’’ in its place. 

This rule corrects an incorrect 

reference in part 772 of the EAR to 

update the name of the Directorate of 

Defense Trade Controls. The definition 

of ‘‘Missile Technology Control Regime 

(MTCR)’’ in part 772 incorrectly refers 

to the ‘‘Department of State’s Office of 

Defense Trade Controls’’ rather than the 

‘‘Department of State’s Directorate of 

Defense Trade Controls.’’ This rule 

corrects this error, by removing the 

words ‘‘Office of Defense Trade 

Controls’’ and inserting the words 

‘‘Directorate of Defense Trade Controls’’ 

in its place. In order to harmonize the 

Department of Commerce reference with 

the Department of State reference, this 

rule adds a reference to BIS. In addition, 

as this definition speaks to where the 

controls for items specified on the 

MTCR Annex reside, this rule adds 

references to the EAR and International 

Traffic in Arms Regulations (ITAR). 

This rule corrects part 772 of the EAR 

for an error in the final rule that was 

published by BIS on March 25, 1996 (61 

FR 12714, 12939). The March 25, 1996 

rule contained a typographical error in 

the definition of ‘‘Superalloy’’ at part 

772. Specifically, the rule transposed 

two digits in the Celsius temperature 

translation from Kelvin, listing ‘‘694 

degrees C’’ rather than ‘‘649 degrees C’’. 

The use of the word degrees in place of 

the symbol ‘‘°’’ in a temperature 

description is also inconsistent with the 

remainder of the EAR and the 

Wassenaar Arrangement. This rule 

corrects these errors, by removing the 

phrase ‘‘694 degrees C’’ and inserting 

the phrase ‘‘649° C’’ in its place. 

This rule corrects a typographical 

error in part 772 of the EAR as 

published by BIS on March 25, 1996 (61 

FR 12714, 12940). The March 25, 1996 

rule contained an error in the definition 

of ‘‘Transfer laser’’ in part 772. 

Specifically, the rule included the word 

‘‘lasting’’ instead of the word ‘‘lasing.’’ 

This rule corrects this error, by 

removing the word ‘‘lasting’’ and 

inserting the word ‘‘lasing’’ in its place. 

Although the Export Administration 

Act expired on August 20, 2001, the 

President, through Executive Order 

13222 of August 17, 2001, 3 CFR, 2001 

Comp., p. 783 (2002), as extended by the 

Notice of August 15, 2012, 77 FR 49699 

(August 16, 2012), has continued the 

EAR in effect under the International 

Emergency Economic Powers Act. 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. 

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 ‘‘not significant 

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

Executive Order 12866. 

2. The Department finds that there is 

good cause under 5 U.S.C. 553(b)(3)(B) 

to waive the provisions of the 

Administrative Procedure Act requiring 

prior notice and the opportunity for 

public comment because they are 

unnecessary. The revisions made by this 

rule are administrative, not substantive, 

in nature and do not affect the rights 

and obligations of the public. Because 

these revisions are not substantive 

changes to the EAR, it is unnecessary to 

provide prior notice and opportunity for 

public comment. In addition, the 30-day 

delay in effectiveness required by 5 

U.S.C. 553(d) is not applicable because 

this rule is not a substantive rule. As 

stated above, these revisions do not alter 

any rights or obligations, but merely 

correct typographical and organizational 

errors in the EAR. As a result, no benefit 

would be gained by delaying this rule’s 

effectiveness for 30 days. This final rule 

is exempt from the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et. seq.) 

because no general notice of proposed 

rulemaking was required for this rule. 

List of Subjects 

15 CFR Part 730, 732, 734, 742, 743, 

758, 760, 762, and 764 

Administrative practice and 

procedure, Reporting and recordkeeping 

requirements. 

15 CFR Parts 736, 745, and 756 

Administrative practice and 

procedure. 

15 CFR Part 740, 744, 748, 752, 754, and 

772 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

Accordingly, parts 730, 732, 734, 736, 

740, 742, 743, 744, 745, 748, 752, 754, 

756, 758, 760, 762, 764, and 772 of the 

EAR (15 CFR Parts 730–774) are 

amended as follows: 

PART 730—[AMENDED] 

■ 1. The authority citation for part 730 

is revised to read as follows: 

Authority: 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). 

Supplement No. 1 to Part 730— 

[Amended] 

■ 2. Supplement No. 1 to Part 730, the 

title entry in the row for collection 

number 0694–0102 is revised to read as 

follows ‘‘Registration of U.S. 

Agricultural Commodities For 

Exemption From Short Supply 

Limitations on Export, and Petitions For 


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13468 Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations 

The Imposition of Monitoring Or 

Controls On Recyclable Metallic 

Materials; Public Hearings’’. 

Supplement No. 2 to Part 730— 

[Amended] 

■ 3. Supplement No. 2 to Part 730 is 

amended by removing the phrase 

‘‘Room 2705’’ from paragraph (b)(1) and 

adding the phrase ‘‘Room 2099B’’ in its 

place. 

Supplement No. 3 to Part 730— 

[Amended] 

■ 4. Supplement No. 3 to Part 730 is 

amended by revising the ‘‘Defense 

Services and Defense Articles’’ section 

to read as follows: 

Supplement No. 3 to Part 730—Other 

U.S. Government Departments and 

Agencies With Export Control 

Responsibilities 

* * * * * 

Defense Services and Defense Articles 

*Department of State, Directorate of 

Defense Trade Controls, Tel. (202) 663–2700, 

Fax: (202) 261–8695, Internet: http:// 

www.pmddtc.state.gov/index.html. 

* * * * * 

PART 732—[AMENDED] 

■ 5. The authority citation for part 732 

continues to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 

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

FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 

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

2012). 

Supplement No. 2 to Part 732— 

[Amended] 

■ 6. Supplement No. 2 to Part 732 is 

amended by revising the title of the 

supplement to read as follows: 

Supplement No. 2 to Part 732—Subject 

to the Ear? 

* * * * * 

PART 734—[AMENDED] 

■ 7. The authority citation for part 734 

is revised to read as follows: 

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

U.S.C. 1701 et seq.; 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; Notice of August 15, 2012, 77 

FR 49699 (August 16, 2012); Notice of 

November 1, 2012, 77 FR 66513 (November 

5, 2012). 

Supplement No. 1 to Part 734— 

[Amended] 

■ 8. Supplement No. 1 to Part 734 is 

amended by removing the phrase 

‘‘Room 2705’’ from the Answer to 

Question (D)(3) and adding the phrase 

‘‘Room 2099B’’ in its place. 

Supplement No. 2 to Part 734— 

[Amended] 

■ 9. Supplement No. 2 to Part 734 is 

amended by revising paragraph 

(b)(2)(iii) to read as follows: 

Supplement No. 2 to Part 734— 

Guidelines for De Minimis Rules 

* * * * * 

(b) * * * 

(2) * * * 

(iii) Mail or Hand Delivery/Courier: U.S. 

Department of Commerce, Bureau of Industry 

and Security, Regulatory Policy Division, 

14th and Pennsylvania Avenue NW., Room 

2099B, Washington, DC 20230. 

* * * * * 

PART 736—[AMENDED] 

■ 10. The authority citation for part 736 

is revised 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). 

■ 11. Supplement No. 1 to Part 736 is 

revised to read as follows: 

Supplement No. 1 to Part 736—General 

Order 

(a) General Order No. 1: 

General Order No. 1 of September 16, 1998; 

Establishing a 24-month validity period on 

reexport authorizations issued without a 

validity period and revoking those exceeding 

that period. 

(1) Reexport authorizations issued within 

24-months of the General Order. All reexport 

authorizations issued with no validity period 

within the 24-months preceding September 

16, 1998 shall be deemed to have an 

expiration date which shall be the date 24- 

months from the date of issuance of the 

reexport authorization or November 16, 1998, 

whichever is longer. 

(2) Reexport authorizations issued before 

the 24-month period preceding the General 

Order. For reexport authorizations issued 

with no validity period before the 24-month 

period preceding September 16, 1998: 

(i) Effective September 16, 1998, all such 

outstanding reexport authorizations for 

terrorist-supporting countries (see parts 742 

and 746 of the EAR) are revoked. 

(ii) Effective November 16, 1998, all other 

such outstanding reexport authorizations are 

revoked. 

(3) Extensions. If necessary, you may 

request extensions of such authorizations 

according to procedures set forth in § 750.7(g) 

of the EAR. 

(4) Specific Notice from BIS. If you have 

received, or should you receive, specific 

notice from BIS with regard to a reexport 

authorization covered by this General Order, 

informing you of a revocation, suspension, or 

revision (including validity period) of any 

such reexport authorization, then the terms 

of that specific notice will be controlling. 

(5) Definition of ‘‘authorization’’. The term 

‘‘authorization’’ as used in this General Order 

encompasses the range of reexport 

authorizations granted by BIS, which 

includes licenses, individual letters, and 

other types of notifications. 

(b) General Order No. 2: 

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

Syria Accountability and Lebanese 

Sovereignty Restoration Act of 2003 (SAA) 

gives the President authority to waive the 

application of certain prohibitions set forth 

in the SAA if the President determines that 

it is in the national security interest of the 

United States to do so. The President made 

such a determination in Executive Order 

13338, finding that it was ‘‘in the national 

security interest of the United States to waive 

application of subsection 5(a)(1) and 

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

exportation or reexportation of certain items 

as specified in the Department of 

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

President’s reference to General Order No. 2 

addresses applications to export and reexport 

the following items, which are considered on 

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

policy of denial set forth in section 746.9 of 

the Regulations: Items in support of 

activities, diplomatic or otherwise, of the 

United States Government (to the extent that 

regulation of such exportation or 

reexportation would not fall within the 

President’s constitutional authority to 

conduct the nation’s foreign affairs); 

medicine (on the CCL) and medical devices 

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

parts and components intended to ensure the 

safety of civil aviation and the safe operation 

of commercial passenger aircraft; aircraft 

chartered by the Syrian Government for the 

transport of Syrian Government officials on 

official Syrian Government business; 

telecommunications equipment and 

associated computers, software and 

technology; and items in support of United 

Nations operations in Syria. The total dollar 

value of each approved license for aircraft 

parts for flight safety normally will be limited 

to no more than $2 million over the 24- 

month standard license term, except in the 

case of complete overhauls. 

Note to General Order No. 2: The controls 

for exports and reexports to Syria are set 

forth in § 746.9 of the EAR. 

(c) General Order No. 3 [Reserved] 

(d) General Order No. 4: 

General Order No. 4 of June 13, 2008, as 

amended on September 3, 2009, amending 

existing licenses for exports of consolidated 

gift parcels to Cuba due to changes in License 

Exception GFT. 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations 13469 

(1) Section 740.12(a) of the EAR authorizes, 

among other things, certain exports of gift 

parcels to Cuba pursuant to a license 

exception. However, consolidated shipments 

of multiple gift parcels to Cuba require a 

license even if all of the individual items 

within the consolidated gift parcel would be 

eligible for this license exception if shipped 

alone. 

(2) Notwithstanding any statements to the 

contrary on the license itself, licenses 

authorizing the export to Cuba of 

consolidated gift parcels described in 

paragraph (a) of this order that are valid on 

September 3, 2009 authorize the export of 

consolidated shipments to Cuba of gift 

parcels that comply with the requirements of 

License Exception GFT found in § 740.12(a) 

of the EAR as of September 3, 2009. 

(3) This General Order does not change any 

of the other terms (including total value of 

items that may be exported or expiration 

date) of the licenses it affects. 

PART 740—[AMENDED] 

■ 12. The authority citation for 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). 

§ 740.17 [Amended] 

■ 13. Section 740.17 is amended by 

removing the phrase ‘‘Room 2705’’ from 

paragraph (e)(1)(ii)(A) and adding the 

phrase ‘‘Room 2099B’’ in its place. 

Supplement No. 1 to Part 740— 

[Amended] 

■ 14. Supplement No. 1 to Part 740 is 

amended by removing the word 

‘‘Tajikstan’’ from the Country Column of 

the Country Group D chart and adding 

in its place ‘‘Tajikistan’’. 

PART 742—[AMENDED] 

■ 15. The authority citation for part 742 

is revised to read as follows: 

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

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

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

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

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

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

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

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

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

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

Comp., p. 783; Presidential Determination 

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

16, 2003; Notice of August 15, 2012, 77 FR 

49699 (August 16, 2012); Notice of November 

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

■ 16. Section 742.9 is amended by 

revising paragraph (b)(1)(ii) to read as 

follows: 

§ 742.9 Anti-terrorism: Syria. 

* * * * * 

(b) * * * 

(1) * * * 

(ii) Military-related items controlled 

for national security reasons to any 

destination. These are items that contain 

NS Column 1 in the Country Chart 

column of the ‘‘License Requirements’’ 

section in an ECCN on the CCL and are 

controlled by equipment or material 

entries ending in the number ‘‘18.’’ 

* * * * * 

■ 17–18. Section 742.10 is amended by 

revising paragraph (b)(1)(ii) to read as 

follows: 

§ 742.10 Anti-terrorism: Sudan. 

* * * * * 

(b) * * * 

(1) * * * 

(ii) Military-related items controlled 

for national security reasons to any 

destination. These are items that contain 

NS Column 1 in the Country Chart 

column of the ‘‘License Requirements’’ 

section in an ECCN on the CCL and are 

controlled by equipment or material 

entries ending in the number ‘‘18.’’ 

* * * * * 

§ 742.15 [Amended] 

■ 19. Section 742.15 is amended by 

removing the phrase ‘‘Room 2705’’ from 

paragraph (c)(2)(ii)(A) and adding the 

phrase ‘‘Room 2099B’’ in its place. 

§ 742.17 [Amended] 

■ 20. Section 742.17 is amended by 

redesignating footnote 1 in paragraph (a) 

as footnote 2 in the text of paragraph (a) 

and in the text of the footnote. 

PART 743—[AMENDED] 

■ 21. The authority citation for part 743 

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). 

§ 743.1 [Amended] 

■ 22. Section 743.1 is amended in 

paragraph (g)(1) by removing the phrase 

‘‘Room 2705’’ and adding the phrase 

‘‘Room 2099B’’ in its place. 

PART 744—[AMENDED] 

■ 23. The authority citation for part 744 

is revised 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). 

Supplement No. 2 to Part 744— 

[Amended] 

■ 24. Supplement No. 2 to Part 744 is 

amended by correcting the paragraph 

designation for (3)(iii) as (3)(ii) and the 

designation for (3)(ii) as (3)(iii). 

PART 745—[AMENDED] 

■ 25. The authority citation for part 745 

is revised to read as follows: 

Authority: 50 U.S.C. 1701 et seq.; E.O. 

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

950; Notice of November 1, 2012, 77 FR 

66513 (November 5, 2012). 

PART 748—[AMENDED] 

■ 26. The authority citation for part 748 

continues to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 

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

FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 

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

2012). 

§ 748.1 [Amended] 

■ 27. Section 748.1 is amended in 

paragraph (d)(2) by removing the phrase 

‘‘Room H2705’’ and adding the phrase 

‘‘Room 2099B’’ in its place. 

■ 28. Section 748.2 is amended by 

revising paragraphs (a)(2) and (3) to read 

as follows: 

§ 748.2 Obtaining forms; mailing 

addresses. 

(a) * * * 

(2) Bureau of Industry and Security, 

Western Regional Office, U.S. 

Department of Commerce, 2302 Martin 

St., Suite 330, Irvine, CA 92612, Tel: 

(949) 660–0144, Fax: (949) 660–9347, or 

(3) Bureau of Industry and Security, 

Western Regional Office, Northern 

California Branch, U.S. Department of 

Commerce, 160 W. Santa Clara Street, 

Suite 725, San Jose, CA 95113, Tel: 

(408) 998–8805 or (408) 998–8806, Fax: 

(408) 998–8677. 

* * * * * 

§ 748.13 [Amended] 

■ 29. Section 748.13 is amended in 

paragraph (c)(2) by removing the phrase 

‘‘Room 2705’’ and adding the phrase 

‘‘Room 2099B’’ in its place. 


srobinson on DSK4SPTVN1PROD with RULES
13470 Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations 

§ 748.15 [Amended] 

■ 30. Section 748.15 is amended in 

paragraphs (a)(1) and (f)(1)(ii) by 

removing the phrase ‘‘Room 2705’’ and 

adding the phrase ‘‘Room 2099B’’ in its 

place. 

Supplement No. 4 to Part 748— 

[Amended] 

■ 31. Supplement No. 4 to Part 748 is 

amended in the address column of the 

France entry by removing the word 

‘‘Codex’’ and adding in its place 

‘‘Cedex’’. 

Supplement No. 5 to Part 748— 

[Amended] 

■ 32. Supplement No. 5 to Part 748 is 

amended in paragraph (a)(2)(i) by 

removing the phrase ‘‘Room 2705’’ and 

adding the phrase ‘‘Room 2099B’’ in its 

place. 

PART 752—[AMENDED] 

■ 33. The authority citation for part 752 

continues to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13020, 61 FR 54079, 

3 CFR, 1996 Comp., p. 219; E.O. 13222, 66 

FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 

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

2012). 

■ 34. Section 752.11 is amended by 

revising paragraph (c)(14) to read as 

follows: 

§ 752.11 Internal Control Programs. 

* * * * * 

(c) * * * 

(14) A system for assuring compliance 

with controls over exports and reexports 

for missile-related end-uses and endusers described in § 744.3 of the EAR; 

and 

* * * * * 

§ 752.17 [Amended] 

■ 35. Section 752.17 is amended by 

removing the phrase ‘‘Room 2705’’ and 

adding the phrase ‘‘Room 2099B’’ in its 

place. 

■ 36. Supplement 2 to Part 752 is 

amended by revising the heading to read 

as follows: 

Supplement No. 2 to Part 752— 

Instructions for Completing Form BIS– 

748P–A, ’’Item Annex’’ 

* * * * * 

■ 37. Supplement 5 to Part 752 is 

amended by revising the heading to read 

as follows: 

Supplement No. 5 to Part 752— 

Instructions for Completing Form BIS– 

748P–B, End–User Appendix 

* * * * * 

PART 754—[AMENDED] 

■ 38. The authority citation for part 754 

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); 30 U.S.C. 185(s), 185(u); 42 U.S.C. 

6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; E.O. 

11912, 41 FR 15825, 3 CFR, 1976 Comp., p. 

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

Comp., p. 783; Notice of August 15, 2012, 77 

FR 49699 (August 16, 2012). 

■ 39. Section 754.4 is amended by 

revising paragraph (d)(3)(ii) to read as 

follows: 

§ 754.4 Unprocessed western red cedar. 

* * * * * 

(d) * * * 

(3) * * * 

(ii) The Automated Export System 

record. 

* * * * * 

§ 754.6 [Amended] 

■ 40. Section 754.6 is amended in 

paragraph (c) by removing the phrase 

‘‘Room 2705’’ and adding the phrase 

‘‘Room 2099B’’ in its place. 

§ 754.7 [Amended] 

■ 41. Section 754.7 is amended in 

paragraph (d) by removing the phrase 

‘‘Room 2705’’ and adding the phrase 

‘‘Room 2099B’’ in its place. 

Supplement No. 3 to Part 754— 

[Amended] 

■ 42. Supplement No. 3 to Part 754 is 

amended in paragraph (3) in the ‘‘Public 

Law 104–58 Sec. 201 Exports of Alaskan 

North Slope Oil.’’ section by removing 

‘‘() U.S.C. 1601 et seq.)’’ and adding in 

its place ‘‘(50 U.S.C. 1601 et seq.)’’. 

PART 756—[AMENDED] 

■ 43. The authority citation for 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). 

§ 756.1 [Amended] 

■ 44. Section 756.1 is amended by 

removing the subject heading to 

reserved paragraph (b). 

PART 758—[AMENDED] 

■ 45. The authority citation for 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). 

■ 46. Section 758.2 is amended by 

revising paragraphs (d)(1) and (2) to 

read as follows: 

§ 758.2 Automated Export System (AES). 

* * * * * 

(d) * * * 

(1) For additional information on the 

AES in general, please contact: Chief 

Foreign Trade Division, U.S. Census 

Bureau, telephone: (301) 457–2255, 

facsimile: (301) 457–2645. 

(2) For information about BIS’s 

Option 4 approval process to use AES 

Option 4 for items subject to the EAR, 

contact: Director, Office of Enforcement 

Analysis, Bureau of Industry and 

Security, telephone: (202) 482–4255, 

facsimile: (202) 482–0971. 

§ 758.4 [Amended] 

■ 47. Section 758.4 is amended in 

paragraph (c) by removing the phrase 

‘‘Room 2705’’ and adding the phrase 

‘‘Room 2099B’’ in its place. 

§ 758.5 [Amended] 

■ 48. Section 758.5 is amended in 

paragraph (e)(2)(ii) by removing the 

phrase ‘‘Room 2705’’ and adding the 

phrase ‘‘Room 2099B’’ in its place. 

■ 49. Section 758.7 is amended by 

revising the second sentence of 

paragraph (b)(6) to read as follows: 

§ 758.7 Authority of the Office of Export 

Enforcement, the Bureau of Industry and 

Security, Customs offices and Postmasters 

in clearing shipments. 

* * * * * 

(b) * * * 

(6) * * * In addition to the authority 

of Customs officers to seize and detain 

items, both Customs officials and 

officials of the Office of Export 

Enforcement are authorized to detain 

any shipment held for review of the 

AES record, or if there is no AES record, 

the bill of lading or other loading 

document covering the items about to be 

exported, or for physical inspection of 

the items, whenever such action is 

deemed to be necessary to assure 

compliance with the EAR. 

* * * * * 

PART 760—[AMENDED] 

■ 50. The authority citation for part 760 

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). 

Supplement No. 1 to Part 760— 

[Amended] 

■ 51. Supplement 1 to Part 760 is 

amended by removing the year reference 

‘‘19ll’’ and adding in its place 

‘‘20ll’’ in three (3) places in section 

1. 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations 13471 

PART 762—[AMENDED] 

■ 52. The authority citation for 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). 

§ 762.1 [Amended] 

■ 53. Section 762.1 is amended in 

paragraph (b) by removing the reference 

‘‘§ 762.6’’ and adding in its place 

‘‘§ 762.7’’. 

■ 54. Section 762.2 is amended by 

revising paragraph (b) to read as follows: 

§ 762.2 Records to be retained. 

* * * * * 

(b) Records retention references. 

Paragraph (a) of this section describes 

records that are required to be retained. 

Other parts, sections, or supplements of 

the EAR which require the retention of 

records or contain recordkeeping 

provisions, include, but are not limited 

to the following: 

(1) § 732.6, Steps for other 

requirements; 

(2) § 734.4(g), de minimis calculation 

(method); 

(3) Part 736, General Prohibitions; 

(4) § 740.1, Introduction (to License 

Exceptions); 

(5) [RESERVED] 

(6) § 740.10(c), Servicing and 

replacement of parts and equipment 

(RPL); 

(7) [RESERVED] 

(8) § 740.12, Humanitarian donations 

(GFT); 

(9) § 740.13(f), Technology and 

software—unrestricted (TSU); 

(10) [RESERVED] 

(11) § 743.1, Wassenaar reports; 

(12) § 743.2, High Performance 

Computers; 

(13) [RESERVED] 

(14) § 745.1, Annual reports; 

(15) § 745.2, End-use certificates; 

(16) § 746.3 Iraq; 

(17) Part 747, Special Iraq 

Reconstruction License; 

(18) § 748.1(d)(2), Procedure for 

requesting authorization to file paper 

applications, notifications, or requests; 

(19) § 748.4(b), Disclosure of parties 

on license applications and the power of 

attorney; 

(20) § 748.6, General instructions for 

license applications; 

(21) § 748.9, Support documents for 

license applications; 

(22) § 748.10, Import Certificates and 

End-User Statements; 

(23) § 748.11, Statement by Ultimate 

Consignee and Purchaser; 

(24) § 748.13, Delivery Verification 

(DV); 

(25) § 748.14, Exports of firearms; 

(26) Supplement No. 2 to Part 748 

paragraph (c)(2), Security Safeguard 

Plan requirement; 

(27) § 750.7, Issuance of license and 

acknowledgment of conditions; 

(28) § 750.8, Revocation or suspension 

of license; 

(29) § 750.9, Duplicate licenses; 

(30) § 750.10, Transfer of licenses for 

export; 

(31) § 752.7, Direct shipment to 

customers; 

(32) § 752.9, Action on SCL 

applications; 

(33) § 752.10, Changes to the SCL; 

(34) § 752.11, Internal Control 

Programs; 

(35) § 752.12, Recordkeeping 

requirements; 

(36) § 752.13, Inspection of records; 

(37) § 752.14, System reviews; 

(38) § 752.15, Export clearance; 

(39) § 754.2(j)(2), Recordkeeping 

requirements for deep water ballast 

exchange 

(40) § 754.4, Unprocessed western red 

cedar; 

(41) § 758.1 and § 758.2, Automated 

Export System record; 

(42) § 758.1(h), Record and proof of 

agent’s authority; 

(43) § 758.3(b), Routed Export 

Transactions; 

(44) § 758.6, Destination control 

statements; 

(45) § 760.5, Reporting requirements; 

(46) § 762.2, Records to be retained; 

(47) § 764.2, Violations; 

(48) § 764.5, Voluntary self-disclosure; 

and 

(49) § 766.10, Subpoenas. 

* * * * * 

PART 764—[AMENDED] 

■ 55. The authority citation for part 772 

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). 

§ 764.3 [Amended] 

■ 56. Section 764.3 is amended by: 

■ a. Revising the paragraph (a)(1) 

subject heading to read ‘‘Civil monetary 

penalty’’; and 

■ b. Removing from paragraph (a)(2) the 

phrase ‘‘Room H 2705’’ and adding the 

phrase ‘‘Room 2099B’’ in its place. 

PART 772—[AMENDED] 

■ 57. The authority citation for part 772 

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). 

■ 58. Section 772.1 is amended by 

revising the definitions of ‘‘Automated 

Export System (AES)’’, ‘‘Controlled 

country’’, ‘‘Data Signalling Rate’’, 

‘‘General Prohibitions’’, ‘‘Missile 

Technology Control Regime (MTCR)’’, 

‘‘Superalloy’’, and ‘‘Transfer laser’’ to 

read as follows: 

§ 772.1 Definitions of terms as used in the 

Export Administration Regulations (EAR). 

* * * * * 

Automated Export System (AES). AES 

is a nationwide system operational at all 

ports and for all methods of 

transportation through which export 

shipment data required by multiple 

agencies is filed electronically to 

Customs, using the efficiencies of 

Electronic Data Interchange (EDI). AES 

allows the export information to be 

collected electronically and edited 

immediately. For more information 

about AES, visit the Bureau of Census 

Web site at: http:// 

www.customs.ustreas.gov/impoexpo/ 

abaesint.htm. 

* * * * * 

Controlled country. Countries 

designated controlled for national 

security purposes under authority 

delegated to the Secretary of Commerce 

by Executive Order 12214 of May 2, 

1980 pursuant to section 5(b) of the 

EAA. The controlled countries are: 

Albania, Armenia, Azerbaijan, Belarus, 

Cambodia, Cuba, the People’s Republic 

of China, Georgia, Iraq, Kazakhstan, 

Kyrgyzstan, Laos, Macau, Moldova, 

Mongolia, North Korea, Russia, 

Tajikistan, Turkmenistan, Ukraine, 

Uzbekistan, and Vietnam. All of the 

controlled countries except Cuba are 

listed in Country Group D:1 of the EAR. 

Cuba is listed in Country Group E:2. 

This definition does not apply to part 

768 of the EAR (Foreign Availability), 

which provides a dedicated definition. 

* * * * * 

‘‘Data signaling rate.’’ (Cat 5) means 

the rate, as defined in ITU 

Recommendation 53–36, taking into 

account that, for non-binary 

modulation, baud and bit per second are 

not equal. Bits for coding, checking and 

synchronization functions are to be 

included. 

Note: When determining the ‘‘data 

signaling rate’’, servicing and administrative 

channels shall be excluded. 

Technical Note: It is the maximum oneway rate, i.e., the maximum rate in either 

transmission or reception. 

* * * * * 

General prohibitions. The 10 

prohibitions found in part 736 of the 

EAR that prohibit certain exports, 


srobinson on DSK4SPTVN1PROD with RULES
13472 Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations 

1While these changes will likely reduce the 

requests made under FOIA, the Commission 

expects an increase in requests for public record 

materials. Nonetheless, placing documents on the 

public record and providing access through that 

process is generally less costly than the FOIA 

process. For example, the agency’s search and 

review costs are often not recouped by fees (i.e., the 

FOIA statute does not allow recoupment of certain 

costs associated with many non-commercial 

requests), and thus often outweigh the agency’s 

costs for public record access. Further, much of this 

material is already placed on the public record, and 

Commission staff often places such information on 

the Commission’s Web site at www.ftc.gov for easy 

public availability. Thus, these proposed changes 

likely will decrease the overall cost to the 

Commission. 

reexports, and other conduct, subject to 

the EAR, absent a license, license 

exception, or determination that no 

license is required (‘‘NLR’’). 

* * * * * 

Missile Technology Control Regime 

(MTCR). The United States and other 

nations in this multilateral control 

regime have agreed to guidelines for 

restricting the export and reexport of 

dual-use items that may contribute to 

the development of missiles. The MTCR 

Annex lists missile-related equipment 

and technology controlled either by the 

Department of Commerce’s Bureau of 

Industry and Security—Export 

Administration Regulations (15 CFR 

Parts 730 through 799) or by the 

Department of State’s Directorate of 

Defense Trade Controls—International 

Traffic in Arms Regulations (22 CFR 

Parts 120 through 130). 

* * * * * 

‘‘Superalloy’’. (Cat 2 and 9)— 

Nickel-, cobalt-, or iron-base alloys 

having strengths superior to any alloys 

in the AISI 300 series at temperatures 

over 922 K (649 °C) under severe 

environmental and operating 

conditions. 

* * * * * 

‘‘Transfer laser’’. (Cat 6)—A ‘‘laser’’ in 

which the lasing species is excited 

through the transfer of energy by 

collision of a non-lasing atom or 

molecule with a lasing atom or molecule 

species. 

* * * * * 

Dated: February 19, 2013. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2013–04158 Filed 2–27–13; 8:45 am] 

BILLING CODE 3510–33–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 4 

Freedom of Information Act 

AGENCY: Federal Trade Commission 

(FTC). 

ACTION: Final rule. 

SUMMARY: The Federal Trade 

Commission is revising its Rules of 

Practice governing access to agency 

records. The Commission is adding one 

new category of public record materials; 

inserting additional contact information 

for the filing of initial Freedom of 

Information Act (‘‘FOIA’’) requests; 

clarifying agency procedures for 

acknowledging the receipt of a request, 

the proper filing of a request, and the 

‘‘cut-off’’ date for searches; and allowing 

an extension in unusual circumstances 

of the time period for a FOIA requester 

to file an administrative appeal. 

DATES: These amendments are effective 

February 28, 2013. 

FOR FURTHER INFORMATION CONTACT: G. 

Richard Gold, Attorney, Office of the 

General Counsel, Federal Trade 

Commission, 600 Pennsylvania Avenue 

NW., Washington, DC 20580, (202) 326– 

3355. 

SUPPLEMENTARY INFORMATION: This 

document implements Rule 

amendments that create one new 

category of public record materials; 

provide additional contact information 

for the filing of initial FOIA requests; set 

out agency procedures for 

acknowledging the receipt of a request, 

the proper filing of a request, and for the 

‘‘cut-off’’ date for searches; and extend 

the time period for a FOIA requester to 

file an administrative appeal in unusual 

circumstances. Pursuant to 5 U.S.C. 553, 

these changes do not require public 

comment because they relate solely to 

agency practice and procedure. 

In a separate document published in 

today’s Federal Register, the 

Commission seeks public comment 

pursuant to 5 U.S.C. 552(a)(4)(A)(i) on 

its proposal to amend its Rules of 

Practice to alter its fee schedule to 

reflect changes in the types of services 

that are provided, changes in the costs 

of providing services, and to add other 

fees for new services. 

Public Record 

The Commission is amending Rule 

4.9(a)(3), 16 CFR 4.9(a)(3), to include the 

specific FOIA weblink at www.ftc.gov. 

The Commission is amending Rule 

4.9(a)(4)(i), 16 CFR 4.9(a)(4)(i), to 

include the mailing address for the 

Consumer Response Center, which is 

the contact point for the copying of 

official public records. 

The Commission is amending Rule 

4.9(a)(4)(iii), 16 CFR 4.9(a)(4)(iii), to 

include contact information for 

purchasing records from the 

Government Printing Office (‘‘GPO’’). 

The GPO is the primary source for 

purchasing official documents and 

electronic products from or relating to 

federal agencies. 

The Commission is amending Rule 

4.9(b)(3), 16 CFR 4.9(b)(3), to revise one 

public record category related to 

rulemaking and to include a new 

category of records to the miscellaneous 

list of public records set forth in Rule 

4.9(b)(10), 16 CFR 4.9(b)(10). First, Rule 

4.9(b)(3)(iii) is being revised to include 

on the Commission’s public record 

other materials (in addition to 

transcripts) distributed to members of 

the public at workshops, hearings, or 

other public proceedings connected 

with a rulemaking. Second, the new 

category of records in Rule 

4.9(b)(10)(xiv) includes transcripts or 

other materials that are distributed by 

staff at ‘‘free-standing’’ public 

workshops that are not part of a 

rulemaking process. These proposed 

revisions to Rule 4.9(b)(3) and (b)(10) do 

not require the creation of any materials, 

and merely provide that all materials 

distributed by staff at public 

proceedings be placed on the public 

record. Although such materials often 

are placed on the appropriate Public 

Record docket by staff, an explicit 

provision requiring that all such 

materials be placed on the Public 

Record will make such materials 

automatically available to the public. 

Because the public can access such 

materials without having to file a FOIA 

request, these rule changes likely will 

provide for more efficient use of FOIA 

staff and other agency resources.1 In 

addition, FOIA search and review fees 

are greater for the public than the fees 

associated with public record requests. 

Accordingly, the Commission is revising 

its list of public records in Rule 4.9(b) 

to include these items. 

FOIA Regulation 

The Commission is amending Rule 

4.11(a)(1)(i)(A) to include additional 

information about the different methods 

by which a proper FOIA request can be 

filed. The current regulation only 

provides instructions about how to mail 

a FOIA request. Because of advances in 

technology, we are including 

information about other methods by 

which proper FOIA requests can be 

filed. The amended section includes 

information about how to file FOIA 

requests through facsimile 

transmissions, the agency’s FOIA email 

account, and the online FOIA request 

submission page on the FTC’s Web site. 

The Commission also is adding a new 

Rule 4.11(a)(1)(i)(C) to set forth the 

Commission procedures regarding the 


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