
[Federal Register Volume 79, Number 116 (Tuesday, June 17, 2014)]
[Rules and Regulations]
[Pages 34408-34413]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14157]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 742, 754 and 774

[Docket No. 140121058-4058-01]
RIN 0694-AG06


Update of Short Supply Export Controls: Unprocessed Western Red 
Cedar, Crude Oil, and Petroleum Products

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Industry and Security (BIS) publishes this final 
rule to amend two supplements in the Export Administration Regulations 
(EAR), which contain lists of controlled crude oil and petroleum 
products (produced or derived from the Naval Petroleum Reserve (NPR)) 
and unprocessed western red cedar, respectively. These lists provide 
relevant Census Bureau Schedule B commodity numbers and associated 
commodity descriptions of these short supply commodities. Many of the 
Schedule B commodity numbers and associated commodity descriptions 
listed prior to publication of this rule in the two supplements are now 
obsolete. This rule updates the lists in the two supplements to remove 
obsolete descriptions and Schedule B commodity numbers, and to add 
relevant descriptions and Schedule B commodity numbers for these short 
supply commodities. This rule also clarifies the description of 
petroleum products in other sections of the EAR to ensure those 
references are current. This rule will not alter or otherwise affect 
BIS's current enforcement practice with respect to the EAR's controls 
on unprocessed western red cedar or crude oil and petroleum products.

DATES: Effective date is June 17, 2014.

FOR FURTHER INFORMATION CONTACT: Gerard Horner, Director, Office of 
Technology Evaluation, Bureau of Industry and Security, Department of 
Commerce, Phone: (202) 482-2078 or by email at 
Gerard.Horner@bis.doc.gov.

SUPPLEMENTARY INFORMATION: 

Background

    The ``Harmonized System Classification'' is a six-digit 
standardized numerical method of classifying traded products. 
Harmonized System numbers are used by customs authorities around the 
world to identify products for the application of duties and taxes. The 
United States has adopted the Harmonized System as the basis of both 
its export classification system, referred to as Schedule B, and its 
import classification system, called the Harmonized Tariff Schedule 
(HTS). The first six digits of the commodity numbers for a product 
listed on the HTS and the Schedule B are identical to one another with 
respect to descriptions and codes.
    Schedule B numbers are administered and used by the U.S. Commerce 
Department, Census Bureau, Foreign Trade Division to collect and 
publish U.S. export statistics. Schedule B numbers are required to be 
reported in the Automated Export System (AES) for all export 
transactions originating in the United States. There is a Schedule B 
commodity number for every physical product, from paperclips to 
airplanes, that are exported from the United States to foreign 
countries. According to the introduction to the Schedule B, which 
provides for definitions of commonly-used terms and a guide to 
interpreting and using the Schedule B, the term ``headings'' refers to 
the article descriptions appearing in Schedule B at the four-digit 
level; the term ``subheading'' refers to any article description 
indented thereunder. A reference to ``headings'' also encompasses the 
subheadings indented thereunder. The Schedule B 2014 may be found at 
http://www.census.gov/foreign-trade/schedules/b/2014/index.html. There 
is no direct correlation between Schedule B commodity numbers and the 
Commerce Control List Export Control Classification Numbers (ECCNs).
    The Bureau of Industry and Security (BIS) regulates the export of 
unprocessed western red cedar, crude oil, and petroleum products (that 
were produced or derived from the Naval Petroleum Reserves (NPR) or 
became available for export as a result of an exchange of any NPR-
produced or derived commodities) under the Export Administration 
Regulations' (EAR) short supply controls. A license is required for 
exports of these commodities to all destinations, including Canada.
    For the convenience of exporters, BIS created Supplement No. 1 and 
Supplement No. 2 to part 754 in the EAR to illustrate the Schedule B 
commodity numbers that could apply to crude oil, petroleum products, 
and unprocessed western red cedar controlled under the EAR. The 
Schedule B numbers in Supplement No. 1 to part 754 (crude oil and 
petroleum products) were based on the 1994 version of the Schedule B of 
commodity classifications. The Schedule B numbers in Supplement No. 2 
to part 754 (unprocessed western red cedar) were based on versions of 
the Schedule B from the 1980's. The current version applicable to all 
of these commodities is Schedule B 2014.
    This rule updates the lists in the two supplements to remove 
obsolete descriptions and Schedule B commodity numbers and add relevant 
descriptions and Schedule B commodity numbers for these short supply 
commodities. This rule also clarifies the description of petroleum 
products in other sections of the EAR to ensure those references are 
current.

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

    Supplement No. 1 to part 754 of the EAR contains a total of 43 
Schedule B numbers, two for crude oil and 41 for petroleum products. 
Significant modifications to Schedule B numbers have taken place over 
the years. After twenty years, all Schedule B numbers, except one 
(2804.29.0010 for ``Helium'') are now either obsolete or have undergone 
modifications to the commodity descriptions in the Schedule

[[Page 34409]]

B. Specifically, the two numbers for crude oil and 22 numbers for 
petroleum products are obsolete, and the modifications have been made 
to the commodity descriptions in 18 numbers for petroleum products. 
This rule updates the Schedule B numbers and commodity descriptions in 
Supplement No. 1 of Part 754. The descriptions are derived from the 
2014 Schedule B and the AES 2014 Export Concordance (December 30, 2013) 
(``AES 2014 Export Concordance''), http://www.census.gov/foreign-trade/aes/documentlibrary/expaes.txt. The AES 2014 Export Concordance 
includes Schedule B numbers and commodity descriptions that reflect 
consolidations of descriptions that appear at the subheading level in 
the 2014 Schedule B. The footnote that provided a source for the table 
has been removed, and the information that was in the footnote has been 
incorporated into introductory text to the Supplement.
    Included in the introduction chapter to the 2014 Schedule B are 
rules of interpretation, which provide information on how to read and 
interpret the Schedule B list. Also, there are Notes at the beginning 
of Chapter 27 of the 2014 Schedule B that pertain specifically to 
products in this chapter. For example, Note 6 under the Statistical 
Notes states, ``In determining the relative weights of components of 
the mixtures provided for in subheading 2710.11.45 and 2710.19.45, 
naphtha and other petroleum derivatives which may be present in such 
mixtures as solvents shall be disregarded.'' Therefore, it is important 
to read the rules of interpretation and all the notes at the beginning 
of chapter 27 that pertain to your products in order to properly 
classify your product.

Supplement No. 2 to Part 754--Unprocessed Western Red Cedar

    Supplement No. 2 contains three Schedule B numbers, 200.3516, 
200.2820, and 202.2840, for unprocessed western red cedar. As a result 
of significant modifications to Schedule B numbers that have taken 
place over the years, these three numbers are now obsolete. 
Additionally, the current commodity descriptions are incomplete as they 
only include western red cedar logs and timber, lumber (rough and 
containing wane), and lumber (dressed or worked, containing wane). This 
rule updates the three Schedule B numbers and commodity descriptions in 
Supplement No. 2 of Part 754. To determine if your Western Red Cedar 
(WRC) product requires a license, see Sec.  754.4 of the EAR.
    This rule replaces the three obsolete Schedule B numbers of 
unprocessed western red cedar, and adds five new numbers, for a total 
of eight Schedule B numbers drawn from the Schedule B 2014. The eight 
numbers are divided into two groups: wood in the rough and lumber. The 
accompanying commodity descriptions may have terms with single quotes, 
which indicate that a definition may be found in the notes below the 
table. The descriptions in this supplement were derived from the 2014 
Schedule B and the AES 2014 Export Concordance. This rule also adds 
definitions for three terms, `treated,' `lumber,' and `rough,' that 
appear in commodity description listings in the Schedule B 2014, as 
Notes to Supplement No. 2. Including these definitions will help 
exporters better understand the commodity descriptions in the 
supplement.
    If there are any discrepancies between the information in 
Supplement No. 2 and the information in the most current Schedule B, 
which is updated on an annual basis, you should use the most current 
Schedule B number in your Electronic Export Information filing in the 
Bureau of the Census's Automated Export System.
    This rule also makes an administrative change to remove the Unit 
column in the table for Unprocessed Western Red Cedar in Supplement No. 
2 to part 754 as ``Unit'' was removed from the Commerce Control List on 
January 6, 2014 (78 FR 61874).

Section 742.1(b)(1) CCL Based Controls; Reasons for Control Listed on 
the CCL not Covered by This Part; Short Supply

    This rule amends Sec.  742.1(b)(1) by adding the word ``certain'' 
to the description of ECCN 1C983, because only natural gas liquids and 
other natural gas derivatives that were produced or derived from the 
Naval Petroleum Reserves (NPR) or became available for export as a 
result of an exchange of any NPR produced or derived commodities are 
controlled by the short supply reason for control in part 754 of the 
EAR. This rule also adds the word ``unprocessed'' to the description of 
ECCN 1C988, because only unprocessed western red cedar is controlled by 
the short supply reason for control in part 754 of the EAR.

Section 754.1 Introduction

    This rule amends Sec.  754.1 by revising subpart (b)(1)(iii) to 
remove the language ``listed in Supplement No. 2 to this part.'' This 
revision, which is also reflected in Sec.  754.4, delinks the license 
requirement from the listings in Supplement No. 2 to part 754. This 
revision clarifies that exporters must consult Sec.  754.4, not 
Supplement No. 2 to part 754, to determine the license requirements for 
unprocessed western red cedar products controlled under ECCN 1C988. 
Section 754.4 contains definitions of ``unprocessed'' western red cedar 
and other key terms that are relevant to the scope of the license 
requirements. The revision is consistent with the understanding that 
the Supplement No. 2 Schedule B listings are not exhaustive. The 
listings (and the Schedule B more generally) do not capture the full 
range of products that may meet the definition of ``unprocessed western 
red cedar'' for purposes of Sec.  754.4 of the EAR.

Section 754.4 Unprocessed Western Red Cedar

    This rule amends Sec.  754.4 by revising the introductory text to 
paragraph (a). The introductory text to paragraph (a) is amended to 
remove the language ``listed in Supplement No. 2 to this part,'' 
consistent with the revision made to Sec.  754.1. A new sentence is 
added to reference and explain the revised listings in Supplement No. 
2. An editorial change is also made to put in lower case the words 
``license exception'' in the last sentence of the introductory text to 
paragraph (a).

Supplement No. 1 to Part 774--Commerce Control List

    This rule amends the heading of ECCN 1C988 by adding the word 
``unprocessed'' to be more precise about the control. The reference to 
Supplement No. 2 to part 754 of the EAR is replaced by a reference to 
Sec.  754.4 of the EAR, thereby clarifying that exporters should 
consult Sec.  754.4 to determine the licensing requirements that apply 
to unprocessed western red cedar. The license requirement of ECCN 1C988 
is based on the definitions and other information in Sec.  754.4 of the 
EAR. The Related Definitions paragraph in the List of Items Controlled 
section of ECCN 1C988 is amended to add a reference to and description 
of Supplement No. 2 to part 754.
    These clarifying changes do not alter or otherwise affect BIS's 
current practice with respect to the enforcement of the EAR's controls 
on unprocessed western red cedar.

Export Administration Act

    Since August 21, 2001, the Export Administration Act of 1979, as 
amended, has been in lapse. However, the President, through Executive 
Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as 
amended by

[[Page 34410]]

Executive Order 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013), 
and as extended by the Notice of August 8, 2013, 78 FR 49107 (August 
12, 2013) has continued the EAR 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 not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor is 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 regulation involves 
collections previously approved by the OMB under the following control 
numbers: 0694-0088 (Simplified Network Application Processing and 
Multipurpose Application Form).
    This final rule would not increase public burden in a collection of 
information approved by OMB under control number 0694-0088, which 
authorizes, among other things, export license applications, because it 
is simply updating the Schedule B numbers and commodity descriptions 
for certain commodities in Supplement No. 1 of part 754 and making 
certain limited corrections to Sec. Sec.  742.1, 754.1 and 754.4.
    3. This rule does not contain policies with Federalism implications 
as that term is defined in Executive Order 13132.
    4. The Department finds that there is good cause under 5 U.S.C. 
553(b)(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 merely update the EAR to 
reflect changes to regulations referenced therein so that those 
references are harmonized with revisions that have been made to the 
Census Bureau's Schedule B 2014 publication, e.g., updating commodity 
descriptions, removing obsolete Schedule B Numbers, and adding new 
Schedule B numbers. The rule does 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 citations and definitions set forth in 
the EAR so that those references are harmonized with revisions that 
have been made to the Bureau of the Census' Schedule B 2014 
publication, e.g., updating commodity descriptions, removing obsolete 
Schedule B Numbers, and adding new Schedule B numbers. The revisions 
are necessary to facilitate public understanding of the EAR's short 
supply controls on unprocessed western red cedar, crude oil, and 
petroleum products. Accordingly, no benefit would be gained by delaying 
this rule's effectiveness for 30 days.
    Because notice and opportunity for comment are not required 
pursuant to 5 U.S.C. 553 or any other law, the analytical requirements 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are 
inapplicable. Therefore, a regulatory flexibility analysis is not 
required and has not been prepared.

List of Subjects

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 754

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

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, Parts 742, 754 and 774 of the Export Administration 
Regulations (15 CFR parts 730-774) are amended as follows:

PART 742--[AMENDED]

0
1. The authority citation for 15 CFR part 742 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. 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 8, 2013, 78 FR 49107 (August 12, 2013); Notice of 
November 7, 2013, 78 FR 67289 (November 12, 2013).


0
2. Section 742.1 is amended by revising paragraph (b)(1) to read as 
follows:


Sec.  742.1  Introduction.

* * * * *
    (b) * * *
    (1) Short Supply. ECCNs containing items subject to short supply 
controls (``SS'') refer the exporter to part 754 of the EAR. These 
ECCNs are: 0A980 (Horses for export by sea); 1C980 (certain inorganic 
chemicals); 1C981 (Crude petroleum, including reconstituted crude 
petroleum, tar sands, and crude shale oil); 1C982 (certain other 
petroleum products); 1C983 (certain natural gas liquids and other 
natural gas derivatives); 1C984 (certain manufactured gas and synthetic 
natural gas (except when commingled with natural gas and thus subject 
to export authorization from the Department of Energy); and 1C988 
(Unprocessed western red cedar (thuja plicata) logs and timber, and 
rough, dressed and worked lumber containing wane).
* * * * *

PART 754--[AMENDED]

0
3. The authority citation for 15 CFR 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 8, 2013, 78 FR 49107 (August 
12, 2013).


0
4. Section 754.1 is amended by revising paragraph (b)(1)(iii) to read 
as follows:


Sec.  754.1  Introduction.

* * * * *
    (b) * * *
    (1) * * *

[[Page 34411]]

    (iii) Unprocessed western red cedar described by ECCN 1C988 
(Western red cedar (thuja plicata) logs and timber, and rough, dressed 
and worked lumber containing wane). For specific licensing requirements 
for these items, see Sec.  754.4 of this part.
* * * * *

0
5. Section 754.4 is amended by revising the introductory text to 
paragraph (a), to read as follows:


Sec.  754.4  Unprocessed western red cedar.

    (a) License requirement. As indicated by the letters ``SS'' in the 
``Reason for Control'' paragraph in the ``License Requirements'' 
section of ECCN 1C988 on the CCL (Supplement No. 1 to part 774 of the 
EAR), a license is required to all destinations, including Canada, for 
the export of unprocessed western red cedar covered by ECCN 1C988 
(Western red cedar (thuja plicata) logs and timber, and rough, dressed 
and worked lumber containing wane). For a non-exhaustive list of 10-
digit Harmonized System-based Schedule B commodity numbers that may 
apply to unprocessed western red cedar products subject to the license 
requirements of this section, see Supplement No. 2 to part 754 of the 
EAR. See paragraph (c) of this section for license exceptions for 
timber harvested from public lands in the State of Alaska, private 
lands, or Indian lands, and see paragraph (d) of this section for 
relevant definitions.
* * * * *

0
6. Revise Supplement No. 1 to Part 754 to read as set forth below:

SUPPLEMENT NO. 1 TO PART 754--CRUDE PETROLEUM AND PETROLEUM PRODUCTS

    This Supplement provides relevant Schedule B numbers and a 
commodity description of the items controlled by ECCNs 1C980, 1C981, 
1C982, 1C983, and 1C984. The 10-digit Harmonized System-based Schedule 
B commodity numbers and descriptions below are drawn from Chapter 27 of 
the Schedule B 2014 found at and the AES 2014 Export Concordance 
(December 30, 2013) http://www.census.gov/foreign-trade/aes/documentlibrary/expaes.txt. If there are any discrepancies between the 
information in this supplement and the information in the most current 
Schedule B, use the most current Schedule B commodity number on your 
Electronic Export Information filing on the Automated Export System.

------------------------------------------------------------------------
          Schedule B No.                    Commodity description
------------------------------------------------------------------------
                                CRUDE OIL
------------------------------------------------------------------------
2709001000........................  Petroleum oils and oils obtained
                                     from bituminous minerals, crude.
2709002010........................  Petroleum oils and oils obtained
                                     from bituminous minerals, testing
                                     25 degrees API or more, condensate
                                     derived wholly from natural gas,
                                     crude.
2709002090........................  Petroleum oils and oils obtained
                                     from bituminous minerals, testing
                                     25 degrees API or more, crude,
                                     NESOI.
2714100000........................  Bituminous or oil shale and tar
                                     sands.
------------------------------------------------------------------------
                           PETROLEUM PRODUCTS
------------------------------------------------------------------------
2707999010........................  Carbon black feedstock.
2710121510........................  Leaded gasoline.
2710121514........................  Unleaded gasoline, reformulated.
2710121519........................  Unleaded gasoline, NESOI.
2710121520........................  Jet fuel, naphtha-type.
2710121550........................  Motor fuels, NESOI.
2710121805........................  Motor fuel blending stock,
                                     Reformulated Blendstock for
                                     Oxygenate Blending (RBOB).
2710121890........................  Motor fuel blending stock, except
                                     Reformulated Blendstock for
                                     Oxygenate Blending (RBOB).
2710122500........................  Naphthas, except motor fuel or motor
                                     fuel blending stock.
2710124500........................  Light oil and preparation, mixtures
                                     of hydrocarbons containing by
                                     weight not over 50 percent of any
                                     single hydrocarbon compound, NESOI.
2710129000........................  Light oils and preparations obtained
                                     from bituminous minerals containing
                                     by weight 70 percent or more of
                                     petroleum oils, NESOI.
2710190605........................  No. 4-type fuel oils, API lt 25
                                     degrees, having a saybolt universal
                                     viscosity at 37.8 degrees C of 45-
                                     125 seconds, with not over 500 ppm
                                     of sulfur.
2710190615........................  No. 4-type fuel oils under 25
                                     degrees API having a saybolt
                                     universal viscosity at 37.8 degrees
                                     C of 45-125 seconds, having over
                                     500 ppm sulfur.
2710190620........................  Heavy fuel oils under 25 degrees API
                                     having saybolt universal viscosity
                                     at 37.8 degrees C of more than 125
                                     seconds.
2710190650........................  Distillate and residual fuel oils
                                     (including blended fuel oils),
                                     testing under 25 degrees API,
                                     NESOI.
2710191106........................  Light fuel oils testing 25 degrees
                                     API or more, containing not more
                                     than 15 ppm of sulfur.
2710191109........................  Light fuel oils testing 25 degrees
                                     API or more, containing more than
                                     15 ppm but not more than 500 ppm of
                                     sulfur.
2710191112........................  Light fuel oils 25 degrees API or
                                     more having a saybolt universal
                                     viscosity at 37.8 degrees C of less
                                     than 45 seconds, containing over
                                     500 ppm sulfur.
2710191115........................  No. 4-type fuel oils containing not
                                     more than 500 ppm of sulfur.
2710191125........................  No. 4-type fuel oils containing more
                                     than 500 ppm of sulfur.
2710191150........................  Heavy fuel oils 25 degrees API or
                                     more with a saybolt universal
                                     viscosity at 37.8 degrees C of more
                                     than 125 seconds.
2710191600........................  Kerosene-type jet fuel, NESOI.
2710192400........................  Kerosene motor fuel.
2710192500........................  Kerosene motor fuel blending stock.
2710192600........................  Kerosene, except motor fuel or motor
                                     fuel blending stock, NESOI.
2710193010........................  Aviation engine lubricating oils
                                     (except jet engine lubricating
                                     oils).
2710193020........................  Automotive, diesel or marine engine
                                     (except turbine) lubricating oils.
2710193030........................  Turbine lubricating oil, including
                                     marine.
2710193040........................  Automotive gear oils.
2710193050........................  Steam cylinder oils.
2710193070........................  Quenching or cutting oils.
2710193080........................  Lubricating oils with or without
                                     additives, NESOI.

[[Page 34412]]

 
2710193750........................  Lubricating greases with or w/out
                                     additives.
2710194530........................  White mineral oils, medicinal grade.
2710194540........................  White mineral oils, except medicinal
                                     grade.
2710194545........................  Insulating or transformer oils,
                                     NESOI.
2710194590........................  Mixtures of hydrocarbons NESOI,
                                     containing by weight not over 50
                                     percent of any single hydrocarbon
                                     compound.
2710199000........................  Petroleum oils or oils obtained from
                                     bituminous minerals, other than
                                     crude, containing by weight 70% or
                                     more of petroleum oils, NESOI.
2710200000........................  Petroleum oils or oils obtained from
                                     bituminous minerals, other than
                                     crude, containing by weight 70% or
                                     more of petroleum oils, containing
                                     biodiesel.
2710910000........................  Waste oils containing
                                     Polychlorinated Biphenyls (PCBs),
                                     Polychlorinated Terphenyls (PCTs),
                                     or Polybrominated Biphenyls (PBBs).
2710990000........................  Waste oils, not elsewhere specified
                                     or included.
2711110000........................  Natural gas, liquefied.
2711120000........................  Propane, liquefied.
2711130000........................  Butanes, liquefied.
2711140000........................  Ethylene, propylene, butylene and
                                     butadiene liquefied.
2711190000........................  Petroleum gases and other gaseous
                                     hydrocarbons, liquefied, NESOI.
2712200000........................  Paraffin wax containing less than
                                     0.75 percent oil.
2712900000........................  Microcrystalline petroleum wax,
                                     slack wax, ozokerite, lignite wax,
                                     peat wax, other mineral waxes, and
                                     similar products, NESOI.
2713110000........................  Petroleum coke, not calcined.
2713120000........................  Petroleum coke, calcined.
2713200000........................  Petroleum bitumen.
2713900000........................  Residues of petroleum oils or of
                                     oils obtained from bituminous
                                     materials, NESOI.
2714900000........................  Bitumen and asphalt, natural;
                                     asphaltites and asphaltic rocks.
2715000000........................  Bituminous mixtures based on natural
                                     asphalt, natural bitumen, petroleum
                                     bitumen, mineral tar or mineral tar
                                     pitch.
2804100000........................  Hydrogen.
2804290010........................  Helium.
2811210000........................  Carbon dioxide.
2811299000........................  Carbon monoxide.
2814100000........................  Anhydrous ammonia.
2814200000........................  Ammonia in aqueous solution.
3819000000........................  Hydraulic brake fluids and other
                                     prepared liquids for hydraulic
                                    transmission, not containing or
                                     containing less than 70 percent by
                                    weight of petroleum oils or oils
                                     obtained from bituminous minerals.
------------------------------------------------------------------------


0
7. Revise Supplement No. 2 to Part 754 to read as set forth below:

SUPPLEMENT NO. 2 TO PART 754--UNPROCESSED WESTERN RED CEDAR

    This table is a non-exhaustive list of 10-digit Harmonized System-
based Schedule B commodity numbers that may apply to unprocessed 
western red cedar products subject to license requirements of Sec.  
754.4 of this part. The 10-digit Harmonized System-based Schedule B 
commodity numbers and descriptions below are drawn from Chapter 44 of 
the Schedule B 2014 found at http://www.census.gov/foreign-trade/schedules/b/2014/c44.html and the AES 2014 Export Concordance (December 
30, 2013) http://www.census.gov/foreign-trade/aes/documentlibrary/expaes.txt. If there are any discrepancies between the information in 
this supplement and the information in the most current Schedule B, use 
the most current Schedule B commodity number on your Electronic Export 
Information filing in the Automated Export System.

------------------------------------------------------------------------
     Schedule B commodity No.                    Description
------------------------------------------------------------------------
                            Wood in the rough
------------------------------------------------------------------------
4403100030........................  Poles, piles and posts; `treated'.
4403100060........................  Wood in the rough; `treated'.
4403200010........................  Not `treated'; coniferous; poles,
                                     piles and posts.
4403200055........................  Not `treated'; coniferous; logs and
                                     timber; Western Red Cedar (Thuja
                                     Plicata).
------------------------------------------------------------------------
                                `Lumber'
------------------------------------------------------------------------
4407100101........................  Coniferous; finger-jointed.
4407100102........................  Coniferous; except finger-jointed;
                                     `treated'.
4407100168........................  Coniferous; except finger-jointed;
                                     not `treated'; Western Red Cedar
                                     (Thuja Plicata); `rough'.
4407100169........................  Coniferous; except finger-jointed;
                                     not `treated'; Western Red Cedar
                                     (Thuja Plicata); not `rough'.
------------------------------------------------------------------------


    Note 1: 4403 heading in the Schedule B 2014 pertains to ``wood 
in the rough, whether or not stripped of bark or sapwood, or roughly 
squared (not including lumber of heading 4407).''


    Note 2: The 6-digit Harmonized System subheading 4403.10 and the 
10-digit Harmonized System code 4407.10.0102 in Schedule B 2014 
state that `treated' means ``treated with paint, stain, creosote or 
other preservatives.''


    Note 3: The 4407 heading in the Schedule B 2014 refers to 
`lumber' as ``wood sawn or

[[Page 34413]]

chipped lengthwise, sliced or peeled, whether or not planed, sanded 
or end[hyphen]jointed, of a thickness exceeding 6mm (.236 inch).''


    Note 4: Section IX--Chapter 44 of Schedule B 2014, Statistical 
Note 3 states, ``for the purpose of heading 4407, the term ``rough'' 
includes wood that has been edged, resawn, crosscut or trimmed to 
smaller sizes but it does not include wood that has been dressed or 
surfaced by planing on one or more edges or faces or has been edge-
glued or end-glued.''

PART 774--[AMENDED]

0
8. The authority citation for 15 CFR part 774 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); 22 U.S.C. 287c, 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. 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 8, 2013, 78 FR 49107 (August 12, 2013).

0
9. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1, ECCN 1C988 is amended by revising the Heading and the 
Related Definitions paragraph in the List of Items Controlled section, 
to read as follows:

SUPPLEMENT NO. 1 TO PART 774--THE COMMERCE CONTROL LIST

* * * * *
    1C988 Unprocessed western red cedar (thuja plicata) logs and 
timber, and rough, dressed and worked lumber containing wane, as 
described in Sec.  754.4 of the EAR.
* * * * *

List of Items Controlled

* * * * *
    Related Definitions: For a non-exhaustive list of 10-digit 
Harmonized System-based Schedule B commodity numbers that may apply to 
unprocessed Western Red Cedar products subject to Sec.  754.4 and 
related definitions, see Supplement No. 2 to part 754 of the EAR.
* * * * *

    Dated: June 12, 2014.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2014-14157 Filed 6-16-14; 8:45 am]
BILLING CODE 3510-33-P


