[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Rules and Regulations]
[Pages 10357-10358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4062]



[[Page 10357]]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 730 and 744

[Docket No. 120124063-0261-01]
RIN 0694-AF55


Updated Statements of Legal Authority To Reflect Continuation of 
Emergency Declared in Executive Orders 12947 and 13224

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This rule updates the Code of Federal Regulations (CFR) legal 
authority citations for the Export Administration Regulations (EAR) to 
replace citations to the President's Notice of January 13, 2011, 
Continuation of the National Emergency with Respect to Terrorists Who 
Threaten to Disrupt the Middle East Peace Process, with citations to 
the President's Notice of January 12, 2012, and add citations to the 
President's Notice of September 21, 2011, Continuation of the National 
Emergency With Respect to Persons Who Commit, Threaten to Commit, or 
Support Terrorism. These notices are the most recent such annual 
Presidential notices on those subjects. BIS is making these changes to 
keep the CFR's legal authority citations for the EAR current.

DATES: Effective Date: February 22, 2012.

FOR FURTHER INFORMATION CONTACT: William Arvin, Regulatory Policy 
Division, Bureau of Industry and Security, telephone: (202) 482-2440.

SUPPLEMENTARY INFORMATION: 

Addition of Citation to the Notice of January 19, 2012

    In Executive Order 12947 of January 13, 1995 (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 add a 
citation to the notice of January 19, 2012, which is the most recent 
such annual Presidential notice, and to remove the citation to the 
notice of January 13, 2011 on the same topic.

Addition of Citation to the Notice of September 21, 2011

    On September 23, 2001, by Executive Order 13224, the President 
declared a national emergency with respect to persons who commit, 
threaten to commit, or support terrorism, pursuant to the International 
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). The President 
took this action to deal with the unusual and extraordinary threat to 
the national security, foreign policy, and economy of the United States 
constituted by the grave acts of terrorism and threats of terrorism 
committed by foreign terrorists, including the terrorist attacks on 
September 11, 2001.
    The authority for Parts 730 and 744 of the EAR (15 CFR parts 730 
and 744) rests in part on Executive Order 13224 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 cite the notice of September 21, 2011, which is the 
most recent such annual Presidential notice.
    BIS is making the two revisions described in this rule so that 
Title 15 of the Code of Federal Regulations will cite the current 
authorities for the parts mentioned above. This rule is purely 
procedural and makes no changes other than to revise CFR authority 
citations paragraphs. It does not change the text of any section of the 
EAR, nor does it alter any right, obligation or prohibition that 
applies to any person under the EAR.

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). This rule 
does not impose any regulatory burden on the public and is consistent 
with the goals of Executive Order 13563. This rule has been determined 
not to be a significant rule for purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person 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 (PRA), 44 U.S.C. 
3501 et seq., unless that collection of information displays a 
currently valid Office of Management and Budget (OMB) Control Number. 
This rule does not involve any collection of information.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under Executive Order 13132.
    4. 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. This rule only updates legal authority 
citations and is nondiscretionary. This rule does not alter any right, 
obligation or prohibition that applies to any person under the EAR. 
Because these revisions are not substantive changes, it is unnecessary 
to provide 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. Because neither 
the Administrative Procedure Act nor any other law requires that notice 
of proposed rulemaking and an opportunity for public comment be given 
for this rule, the analytical requirements of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable.

List of Subjects

15 CFR Part 730

    Administrative practice and procedure, Advisory committees, 
Exports, Reporting and recordkeeping requirements, Strategic and 
critical materials.

15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, the EAR (15 CFR parts 730-774) is amended as follows:

PART 730--[AMENDED]

0
1. The authority citation for 15 CFR part 730 is revised to read as 
follows:


[[Page 10358]]


    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 August 12, 2011, 76 FR 50661 
(August 16, 2011); Notice of September 21, 2011, 76 FR 59001 
(September, 22, 2011); Notice of November 9, 2011, 76 FR 70319 
(November 10, 2011); Notice of January 19, 2012, 77 FR 3067 (January 
20, 2012).

PART 744--[AMENDED]

0
2. The authority citation for 15 CFR 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 12, 2011, 76 FR 50661 
(August 16, 2011); Notice of September 21, 2011, 76 FR 59001 
(September, 22, 2011); Notice of November 9, 2011, 76 FR 70319 
(November 10, 2011); Notice of January 19, 2012, 77 FR 3067 (January 
20, 2012).

    Dated: February 14, 2012.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2012-4062 Filed 2-21-12; 8:45 am]
BILLING CODE 3510-33-P