[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)]
[Rules and Regulations]
[Pages 29483-29487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11047]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 730, 740, 742, 744, 746, 754, 762, 772, and 774

[Docket No. 160302175- 6175- 01]
RIN 0694-AG83


Removal of Short Supply License Requirements on Exports of Crude 
Oil

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) publishes this final 
rule to amend the Export Administration Regulations (EAR) to remove the 
short supply license requirements that, prior to the entry into force 
of the ``Consolidated Appropriations Act, 2016'' on December 18, 2015, 
applied to exports of crude oil from the United States. Specifically, 
this rule removes the Commerce Control List (CCL) entry and the 
corresponding short supply provisions in the EAR that required a 
license from BIS to export crude oil from the United States. This rule 
also amends certain other EAR provisions to reflect the removal of 
these short supply license requirements. The changes made by this rule 
are intended to bring the provisions of the EAR into full compliance 
with the act, which mandates that, apart from certain exemptions 
specified therein, ``no official of the Federal Government shall impose 
or enforce any restriction on the export of crude oil.'' Consistent 
with the exceptions in the act, exports of crude oil continue to 
require authorization from BIS to embargoed or sanctioned countries or 
persons and to persons subject to a denial of export privileges.

DATES: This rule is effective May 12, 2016.

ADDRESSES: Send comments regarding this collection of information, 
including suggestions for reducing the burden, to Jasmeet Seehra, 
Office of Management and Budget (OMB), by email to 
Jasmeet_K._Seehra@omb.eop.gov, or by fax to (202) 395-7285; and to the 
Regulatory Policy Division, Bureau of Industry and Security, Department 
of Commerce, 14th Street & Pennsylvania Avenue NW., Room 2705, 
Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Eileen Albanese, Director, Office of 
National Security and Technology Transfer Controls, Bureau of Industry 
and Security, Telephone: (202) 482-0092, Email: 
eileen.albanese@bis.doc.gov.

SUPPLEMENTARY INFORMATION: The Bureau of Industry and Security (BIS) is 
amending the Export Administration Regulations (EAR) to comply with the 
requirements of Division O, Title 1, Section 101 of Public Law 114-113 
(the Consolidated Appropriations Act, 2016) concerning exports of crude 
oil from the United States. These provisions repeal Section 103 of the 
Energy Policy and Conservation Act (formerly, 42 U.S.C. 6212), which 
required that the President promulgate a rule prohibiting the export of 
crude oil, and mandate, instead, that ``notwithstanding any other 
provision of law, except as provided in subsections (c) and (d) . . . 
no official of the Federal Government shall impose or enforce any 
restriction on the export of crude oil.'' Consistent with this 
requirement, this final rule amends part 754 of the EAR by removing and 
reserving Sec.  754.2, which described the short supply license 
requirements and licensing policies that applied to exports of crude 
oil from the United States to all destinations. This rule also amends 
the Commerce Control List (CCL) in Supplement No. 1 to part 774 of the 
EAR by removing Export Control Classification Number (ECCN) 1C981, 
which controlled crude petroleum, including reconstituted crude 
petroleum, tar sands and crude shale oil listed in Supplement No. 1 to 
part 754 of the EAR (Crude Petroleum and Petroleum Products). In 
addition, this rule moves the definition of ``crude oil,'' which 
previously appeared in Sec.  754.2(a) of the EAR, to Sec.  772.1 
(Definitions of terms as used in the Export Administration Regulations 
(EAR)), because it continues to have relevance with respect to the end-
user/end-use requirements in part 744 of the EAR and the embargoes and 
other special controls in part 746 of the EAR. The scope of this 
definition remains unchanged.
    The effect of the changes described above is to remove the short 
supply license requirements previously applicable to crude oil, as 
controlled under ECCN 1C981, thereby making crude oil an EAR99 item 
(i.e., subject to the EAR, as described in Sec.  734.3(a), but no 
longer listed on the CCL). As such, crude oil exports will now be 
treated

[[Page 29484]]

similarly to exports of petroleum products listed in Supplement No. 1 
to part 754 that have not been produced or derived from the Naval 
Petroleum Reserves (NPR) or become available for export as a result of 
an exchange of any NPR produced or derived commodities (such petroleum 
products are not controlled under ECCN 1C980, 1C982, 1C983, or 1C984 on 
the CCL, but are designated as EAR99 items, instead). As an EAR99 item, 
crude oil remains subject to the EAR, as described in Sec.  734.3(a) of 
the EAR, and exports of crude oil continue to require authorization 
from BIS to embargoed or sanctioned countries or persons and to persons 
subject to a denial of export privileges, as described in parts 744, 
746, and 764 of the EAR. The continuance of these EAR controls is 
consistent with the exemptions stated in Division O, Title 1, Section 
101, subsections (c) and (d) of Public Law 114-113.
    This final rule also amends certain other provisions in the EAR to 
reflect the removal of the short supply license requirements on crude 
oil. Specifically, this rule makes additional amendments to part 754 by 
removing and reserving paragraph (b)(1)(i) in Sec.  754.1 and by 
removing and reserving Supplement No. 3 to part 754 (Statutory 
Provisions Dealing with Exports of Crude Oil). This rule also removes 
references to Sec.  754.2 from Supplement No. 1 to part 730 and Sec.  
762.2(b)(39). In addition, this rule amends Sec.  740.15 (License 
Exception AVS) by removing the parenthetical reference to Sec.  754.2 
from Sec.  740.15(b)(3) and by removing the Note to paragraph (c)(3), 
which also referenced Sec.  754.2. This rule also removes references to 
ECCN 1C981 from Sec.  742.1(b)(1) and Sec.  746.7(a)(1) of the EAR. In 
Sec.  744.7 (Restrictions on Certain Exports to and for the use of 
Certain Foreign Vessels or Aircraft), paragraphs (b)(3)(i) and (ii) are 
revised to remove the exclusions that previously applied to crude oil 
and blends of crude oil with other petroleum products, because such 
items were subject to the short supply controls described in Sec.  
754.2 of the EAR.
    Finally, this rule removes authority citations for statutory 
provisions dealing with restrictions on the exports of crude oil, which 
no longer provide BIS with enforcement authority, based on Division O, 
Title 1, Section 101, subsection (b) of Public Law 114-113, which 
prohibits officials of the Federal Government from imposing or 
enforcing any restriction on the export of crude oil ``notwithstanding 
any other provision of law.'' Specifically, this rule removes the 
authority citations to 30 U.S.C. 185(s), 30 U.S.C. 185(u), and 43 
U.S.C. 1354 from parts 730, 754, and 774 of the EAR.
    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 amended by Executive Order 13637 of March 
8, 2013, 78 FR 16129 (March 13, 2013), and as extended by the Notice of 
August 7, 2015 (80 FR 48233 (Aug. 11, 2015)), has continued the Export 
Administration Regulations in effect under the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.). BIS continues to carry 
out the provisions of the Export Administration Act, as appropriate and 
to the extent permitted by law, pursuant to Executive Order 13222 as 
amended by Executive Order 13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has 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.
    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 (44 U.S.C. 3501 et 
seq.) (PRA), unless that collection of information displays a currently 
valid Office of Management and Budget (OMB) Control Number. This rule 
contains a collection of information subject to the requirements of the 
PRA. This collection has been approved by OMB under Control Number 
0694-0088 (Multi-Purpose Application), which carries a burden hour 
estimate of 58 minutes to prepare and submit form BIS-748. Send 
comments regarding this burden estimate or any other aspect of this 
collection of information, including suggestions for reducing the 
burden, to Jasmeet Seehra, Office of Management and Budget, and to the 
Regulatory Policy Division, Bureau of Industry and Security, Department 
of Commerce, as indicated in the ADDRESSES section of this rule.
    3. This rule does not contain policies with Federalism implications 
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (APA) (5 
U.S.C. 553) requiring notice of proposed rulemaking and the opportunity 
for public participation are waived for good cause, because they are 
``unnecessary'' and ``contrary to the public interest.'' (See 5 U.S.C. 
553(b)(B)). This rule brings the Export Administration Regulations 
(EAR) into conformity with the Congressional mandate in Division O, 
Title 1, Section 101 of Public Law 114-113, which states that 
``notwithstanding any other provision of law, except as provided in 
subsections (c) and (d) . . . no official of the Federal Government 
shall impose or enforce any restrictions on the export of crude oil.'' 
A delay of this rulemaking to allow for notice and public comment would 
be ``unnecessary,'' within the context of the APA, because continuance 
of the controls in Sec.  754.2 of the EAR would be contrary to the 
explicit mandate in Public Law 114-113 against the imposition or 
enforcement of any restriction on the export of crude oil by an 
official of the Federal Government. Under such circumstances, the 
public interest would not be served by soliciting comments on the 
removal of these controls. A delay of this rulemaking to allow for 
notice and public comment also would be ``contrary to the public 
interest,'' within the context of the APA, because continuance of the 
controls in Sec.  754.2 of the EAR would result in unnecessary 
confusion due to the obvious contradiction between the short supply 
license requirements for crude oil, as described in Sec.  754.2 of the 
EAR prior to the publication of this rule, and the Congressional 
mandate in Public Law 114-113, which prohibits such license 
requirements. Furthermore, the confusion resulting from any delay to 
allow for notice and comment would be contrary to the public interest, 
as stated in Public Law 114-113, which is ``to promote the efficient 
exploration, production, storage, supply, marketing, pricing, and 
regulation of energy resources, including fossil fuels.'' Specifically, 
the obvious contradiction between the requirements previously described 
in Sec.  754.2 of the EAR and the mandate in Public Law 114-113 might 
discourage some persons from pursuing crude oil export opportunities, 
thereby resulting in significant economic losses due to lost sales. At 
best, the confusion

[[Page 29485]]

caused by this contradiction likely would result in unnecessary delays, 
which also can involve significant economic costs.
    The provision of the Administrative Procedure Act (APA) (5 U.S.C. 
553) requiring a 30-day delay in effectiveness is also waived for good 
cause. (5 U.S.C. 553(d)(3)). The amendments to the EAR contained in 
this final rule are required to make the EAR conform to the 
Congressional mandate in Public Law 114-113, which states that ``except 
as provided in subsections (c) and (d) . . . no official of the Federal 
Government shall impose or enforce any restrictions on the export of 
crude oil.'' A delay of this rulemaking to allow for a 30-day delay in 
effectiveness would be ``unnecessary,'' within the context of the APA, 
because continuance of the controls in Sec.  754.2 of the EAR would be 
contrary to the explicit mandate in Public Law 114-113 and, as such, 
would not serve the public interest. A delay of this rulemaking to 
allow for a 30-day delay in effectiveness, also would be ``contrary to 
the public interest,'' within the context of the APA, because such a 
delay would result in unnecessary confusion caused by the contradiction 
between the EAR's short supply license requirements for crude oil and 
the Congressional mandate in Public Law 114-113, as described above. In 
addition, any delay to allow for notice and comment would be contrary 
to the public interest, as stated in Public Law 114-113 and reiterated 
above.
    Further, no other law requires that a notice of proposed rulemaking 
and an opportunity for public comment be given for this final rule. 
Because a notice of proposed rulemaking and an opportunity for public 
comment are not required to be given for this rule under the 
Administrative Procedure Act or by any other law, the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. Therefore, this regulation is issued in final form.

List of Subjects

15 CFR Part 730

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

15 CFR Part 740

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements.

15 CFR Part 742

    Administrative practice and procedure, Chemicals, Exports, Foreign 
trade, Reporting and recordkeeping requirements.

15 CFR Part 744

    Exports, Foreign trade, Reporting and recordkeeping requirements.

15 CFR Part 746

    Exports, Reporting and recordkeeping requirements.

15 CFR Part 754

    Agricultural commodities, Exports, Forests and forest products, 
Horses, Petroleum, Reporting and recordkeeping requirements.

15 CFR Part 762

    Administrative practice and procedure, Business and industry, 
Confidential business information, Exports, Reporting and recordkeeping 
requirements.

15 CFR Part 772

    Exports.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    For the reasons stated in the preamble, parts 730, 740, 742, 744, 
746, 754, 762, 772, and 774 of the Export Administration Regulations 
(15 CFR parts 730-774) are amended as follows:

PART 730--[AMENDED]

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

    Authority: 50 U.S.C. 4601 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; 42 U.S.C. 2139a; 15 U.S.C. 
1824a; 50 U.S.C. 4305; 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; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp., 
p. 223; Notice of May 6, 2015, 80 FR 26815 (May 8, 2015); Notice of 
August 7, 2015, 80 FR 48233 (August 11, 2015); Notice of September 
18, 2015, 80 FR 57281 (September 22, 2015); Notice of November 12, 
2015, 80 FR 70667 (November 13, 2015); Notice of January 20, 2016, 
81 FR 3937 (January 22, 2016).

Supplement No. 1 to Part 730--[Amended]

0
2. Supplement No. 1 to part 730 is amended by revising the entries for 
Collection number ``0694-0137'' and Collection number ``0607-0152'' to 
read as follows:

Supplement No. 1 to Part 730--Information Collection Requirements Under 
the Paperwork Reduction Act: OMB Control Numbers

* * * * *

------------------------------------------------------------------------
      Collection No.              Title           Reference in the EAR
------------------------------------------------------------------------
 
                              * * * * * * *
0694-0137................  License Exceptions   Sec.   734.4, Supplement
                            and Exclusions.      No. 2 to part 734, Sec.
                                                  Sec.   740.3(d),
                                                 740.4(c),
                                                 740.9(a)(2)(viii)(B),
                                                 740.9(c), 740.13(e),
                                                 740.12(b)(7), 740.17,
                                                 740.18, Supp. No. 2 to
                                                 part 740, Sec.  Sec.
                                                 742.15, 743.1, 743.3,
                                                 754.4, 762.2(b) and
                                                 Supplement No. 1 to
                                                 part 774.
0607-0152................  Automated Export     Sec.  Sec.   740.1(d),
                            System (AES)         740.3(a)(3), 754.4(c),
                            Program.             758.1, 758.2, and 758.3
                                                 of the EAR.
------------------------------------------------------------------------

PART 740--[AMENDED]

0
3. The authority citation for part 740 continues to read as follows:

    Authority: 50 U.S.C. 4601 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 7, 2015, 80 FR 48233 (August 11, 2015).


0
4. Section 740.15 is amended by revising paragraph (b)(3) introductory

[[Page 29486]]

text and by removing the note to paragraph (c)(3).
    The revision reads as follows:


Sec.  740.15  Aircraft, vessels, and spacecraft (AVS).

* * * * *
    (b) * * *
    (3) Ship and plane stores. Usual and reasonable kinds and 
quantities of the following commodities may be exported for use or 
consumption on board an aircraft or vessel of any registry during the 
outgoing and immediate return flight or voyage.
* * * * *

PART 742--[AMENDED]

0
5. The authority citation for part 742 continues to read as follows:

    Authority: 50 U.S.C. 4601 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, 68 FR 26459, 3 CFR, 2004 Comp., p. 320; 
Notice of August 7, 2015, 80 FR 48233 (August 11, 2015); Notice of 
November 12, 2015, 80 FR 70667 (November 13, 2015).


Sec.  742.1  [Amended]

0
6. In Sec.  742.1, remove the phrase ``1C981 (Crude petroleum, 
including reconstituted crude petroleum, tar sands, and crude shale 
oil);'' where it appears in the second sentence of paragraph (b)(1).

PART 744--[AMENDED]

0
7. The authority citation for part 744 continues to read as follows:

    Authority:  50 U.S.C. 4601 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 7, 2015, 80 FR 48233 
(August 11, 2015); Notice of September 18, 2015, 80 FR 57281 
(September 22, 2015); Notice of November 12, 2015, 80 FR 70667 
(November 13, 2015); Notice of January 20, 2016, 81 FR 3937 (January 
22, 2016).


0
8. In Sec.  744.7, revise paragraphs (b)(3)(i) and (ii) to read as 
follows:


Sec.  744.7  Restrictions on certain exports to and for the use of 
certain foreign vessels or aircraft.

* * * * *
    (b) * * *
    (3) * * *
    (i) Fuel, including crude oil, petroleum products other than crude 
oil that are of non-Naval Petroleum Reserves origin or derivation (see 
Sec.  754.3 of the EAR), and blends of crude oil with such petroleum 
products;
    (ii) Deck, engine, and steward department stores, provisions, and 
supplies for both port and voyage requirements, provided that any 
petroleum products other than crude oil which are listed in Supplement 
No. 1 to part 754 of the EAR are of non-Naval Petroleum Reserves origin 
or derivation (see Sec.  754.3 of the EAR);
* * * * *

PART 746--[AMENDED]

0
9. The authority citation for part 746 continues to read as follows:

    Authority:  50 U.S.C. 4601 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, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p 168; Presidential 
Determination 2003-23, 68 FR 26459, 3 CFR, 2004 Comp., p. 320; 
Presidential Determination 2007-7, 72 FR 1899, 3 CFR, 2006 Comp., p. 
325; Notice of May 6, 2015, 80 FR 26815 (May 8, 2015); Notice of 
August 7, 2015, 80 FR 48233 (August 11, 2015).


Sec.  746.7  [Amended]

0
10. In Sec.  746.7, remove ``1C981,'' where it appears in paragraph 
(a)(1).

PART 754--[AMENDED]

0
11. The authority citation for part 754 is revised to read as follows:

    Authority:  50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 10 
U.S.C. 7420; 10 U.S.C. 7430(e); 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 7, 2015, 80 FR 48233 (August 
11, 2015).


Sec.  754.1  [Amended]

0
12. Section 754.1 is amended by removing and reserving paragraph 
(b)(1)(i).


Sec.  754.2  [Removed]

0
13. Section 754.2 is removed and reserved.

0
14. In Supplement No. 1 to part 754, revise the first sentence in the 
introductory text to read as follows:

Supplement No. 1 to Part 754--Crude Petroleum and Petroleum Products

    This Supplement provides relevant Schedule B numbers and commodity 
descriptions for crude oil (EAR99) and for petroleum products other 
than crude oil that are controlled by ECCN 1C980, 1C982, 1C983, or 
1C984. * * *
* * * * *

Supplement No. 3 to Part 754--[Removed and Reserved]

0
15. Supplement No. 3 to part 754 is removed and reserved.

PART 762--[AMENDED]

0
16. The authority citation for part 762 continues to read as follows:

    Authority:  50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O. 
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 
2015, 80 FR 48233 (August 11, 2015).


Sec.  762.2  [Amended]

0
17. Section 762.2 is amended by removing and reserving paragraph 
(b)(39).

PART 772--[AMENDED]

0
18. The authority citation for part 772 continues to read as follows:

    Authority:  50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O. 
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 
2015, 80 FR 48233 (August 11, 2015).


0
19. Section 772.1 is amended by adding in alphabetical order a 
definition for crude oil to read as follows:


Sec.  772.1  Definitions of terms as used in the Export Administration 
Regulations (EAR).

* * * * *
    Crude oil. A mixture of hydrocarbons that existed in liquid phase 
in underground reservoirs, remains liquid at atmospheric pressure 
(after passing through surface separating facilities), and has not been 
processed through a crude oil distillation tower. Crude oil includes 
reconstituted crude petroleum, lease condensate, and liquid 
hydrocarbons produced from tar sands, gilsonite, and oil shale. Drip 
gases are also included, but topped crude oil, residual oil, and other 
finished and unfinished oils are excluded.
* * * * *

PART 774--[AMENDED]

0
20. The authority citation for part 774 is revised to read as follows:

    Authority:  50 U.S.C. 4601 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. 3201 et 
seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 U.S.C. 1824a; 50 U.S.C. 
4305; 22 U.S.C. 7201

[[Page 29487]]

et seq.; 22 U.S.C. 7210; 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 7, 2015, 80 FR 48233 (August 11, 2015).

Supplement No. 1 to Part 774--[Amended]

0
21. In Supplement No. 1 to Part 774 (the Commerce Control List), ECCN 
1C981 is removed.

    Dated: May 5, 2016.
Eric L. Hirschhorn,
Under Secretary for Industry and Security.
[FR Doc. 2016-11047 Filed 5-11-16; 8:45 am]
 BILLING CODE 3510-33-P