[Code of Federal Regulations] [Title 15, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 15CFR754.7] [Page 437-440] TITLE 15--COMMERCE AND FOREIGN TRADE CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE PART 754_SHORT SUPPLY CONTROLS--Table of Contents Sec. 754.7 Petitions for the imposition of monitoring or controls on recyclable metallic materials; Public hearings. (a) Scope. Section 7(c) of the Export Administration Act of 1979 (EAA) provides for the filing and review of petitions seeking the imposition of monitoring or controls on recyclable metallic materials. (b) Eligibility for filing petitions. Any entity, including a trade association, firm or certified or recognized union or group of workers, which is representative of an industry or a substantial segment of an industry which processes metallic materials capable of being recycled with respect to which an increase in domestic prices or a domestic shortage, either of which results from increased exports, has or may have a significant adverse effect on the national economy or any sector thereof, may submit a written petition to BIS requesting the monitoring of exports, or the imposition of export controls, or both, with respect to such materials. (c) Public hearings. The petitioner may also request a public hearing. Public hearings may also be requested by an entity, including a trade association, firm, or certified or recognized union or group of workers, which is representative of an industry or a substantial segment of an industry which processes, produces or exports the metallic materials which are the subject of a petition. (d) Mailing address. Submit petitions pursuant to section 7(c) of the EAA to: Bureau of Industry and Security, U.S. Department of Commerce, P.O. Box 273, Washington, D.C. 20044. [61 FR 12844, Mar. 25, 1996, as amended at 62 FR 25467, May 9, 1997] Supplement No. 1 to Part 754--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. ------------------------------------------------------------------------ Schedule B No. Commodity description 1 ------------------------------------------------------------------------ Crude Oil ------------------------------------------------------------------------ 2709.0710.............. Crude petroleum (including reconstituted crude petroleum), tar sands and crude shale oil. 2710.0710.............. Petroleum, partly refined for further refining. ------------------------ Petroleum Products ------------------------------------------------------------------------ 2804.29.0010........... Helium. 2804.10.0000........... Hydrogen. 2814.20.0000........... Ammonia, aqueous. 2811.21.0000........... Carbon dioxide and carbon monoxide. 2710.00.0550........... Distillate fuel oils, having a Saybolt Universal viscosity at 100 [deg]F. of less than 45 seconds. 2710.00.1007........... Distillate fuel oils (No. 4 type) having a Saybolt Universal viscosity at 100 [deg]F. of 45 seconds or more, but not more than 125 seconds. 2710.00.1050........... Fuel oils, having a Saybolt Universal viscosity at 100 [deg]F. of more than 125 seconds. 2711.11.0000........... Natural gas, methane and mixtures thereof (including liquefied natural gas and synthetic or substitute natural gas).2 2711.14.0000........... Ethane with a minimum purity of 95 liquid volume percent. 2711.12.0000........... Propane with a minimum purity of 90 liquid volume percent. 2711.13.0000........... Butane with a minimum purity of 90 liquid volume percent. 2711.19.0000........... Other natural gases (including mixtures), n.s.p.f. and manufactured gas. 2710.00.1510........... Gasoline, motor fuel (including aviation). 2710.00.1520........... Jet fuel, naphtha-type. 2710.00.1530........... Jet fuel, kerosene-type. 2710.00.1550........... Other motor fuel (including tractor fuel and stationary turbine fuel). 2710.00.2000........... Kerosene derived from petroleum, shale oil, natural gas, or combinations thereof (except motor fuel). 2710.00.2500........... Naphthas derived from petroleum, shale oil, natural gas, or combinations thereof (except motor fuel). 2710.00.5030........... Mineral oil of medicinal grade derived from petroleum, shale oil or both. 3819.00.0000........... Hydraulic fluids, including automatic transmission fluids. 2710.00.3010........... Aviation engine lubricating oil, except jet engine lubricating oil. 2710.00.3020........... Jet engine lubricating oil 475.4520 Automotive, diesel, and marine engine lubricating oil. 2710.00.3030........... Turbine lubricating oil, including marine. 2710.00.3040........... Automotive gear oils. 2710.00.3050........... Steam cylinder oils. [[Page 438]] 2710.00.5045........... Insulating or transformer oils. 2710.00.3070........... Quenching or cutting oils. 2710.00.3080........... Lubricating oils, n.s.p.f., except white mineral oil. 2710.00.3700........... Greases. 2710.00................ Carbon black feedstock oil. 2712.10.0000........... Petroleum jelly and petrolatum, all grades. 2710.00.5040........... White mineral oil, except medicinal grade. 2710.00.5060........... Other non-lubricating and non-fuel petroleum oils, n.s.p.f. 2814.10.0000........... Ammonia, anhydrous. 2712.20.0000........... Paraffin wax, crystalline, fully refined. 2712.90.0000........... Paraffin wax, crystalline, except fully refined. 2712.90.0000........... Paraffin wax, all others (including microcrystalline wax). 2517.30.0000........... Paving mixtures, bituminous, based on asphalt and petroleum. 2713.12.0000........... Petroleum coke, calcined. 2714................... Petroleum asphalt. 2713.11.0000........... Petroleum coke, except calcined. ------------------------------------------------------------------------ 1 The commodity descriptions provided in this supplement for the most part reflect those found in the U.S. Department of Commerce, Bureau of the Census, (1990 Edition) Statistical Classification of Domestic and Foreign Commodities Exported from the United States (1990 Ed., as revised through Jan. 1994). In some instances the descriptions are expanded or modified to ensure proper identification of products subject to export restriction. The descriptions in this supplement, rather than Schedule B Number, determine the commodity included in the definition of ``Petroleum'' under the Naval Petroleum Reserves Production Act. 2 Natural gas and liquefied natural gas (LNG), and synthetic natural gas commingled with natural gas (Schedule B Nos. 2711.11.0000, 2711.14.0000, and 2711.19.0000) require export authorization from the U.S. Department of Energy. Supplement No. 2 to Part 754--Unprocessed Western Red Cedar This supplement provides relevant Schedule B numbers and a commodity description of the items controlled by ECCN 1C988. ------------------------------------------------------------------------ Schedule B No. 1 1 Commodity description Unit of quantity 2 ------------------------------------------------------------------------ 200.3516.............. Western red cedar MBF (Thuja plicata) logs and timber. 202.2820.............. Western red cedar MBF lumber; rough, containing wane. 202.2840.............. Western red cedar MBF lumber; dressed or worked, containing wane. ------------------------------------------------------------------------ 1 Schedule B Numbers are provided only as a guide to proper completion of the Shipper's Export Declaration, Form No. 7525 V. 2 For export licensing purposes, report commodities on Form BIS-748P in units of quantity indicated. Supplement No. 3 to Part 754--Statutory Provisions Dealing With Exports of Crude Oil [The statutory material published in this supplement is for the information of the reader only. See the U.S. Code for the official text of this material.] Public Law 104-58 SEC. 201. EXPORTS OF ALASKAN NORTH SLOPE OIL. Section 28 of the Mineral Leasing Act (30 U.S.C. 185(s)) is amended by amending subsection(s) to read as follows: ``EXPORTS OF ALASKAN NORTH SLOPE OIL (1) Subject to paragraphs (2) through (6) of this subsection and notwithstanding any other provision of this Act or any other provision of laws (including any regulation) applicable to the export of oil transported by pipeline over right-of-way granted pursuant to section 203 of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1652), such oil may be exported unless the President finds that exportation of this oil is not in the national interest. The President shall make his national interest determination within five months of the date of enactment of this subsection. In evaluating whether exports of this oil are in the national interest, the President shall at a minimum consider-- (A) whether exports of this oil would diminish the total quantity or quality of petroleum available to the United States; (B) the results of an appropriate environmental review, including consideration of appropriate measures to mitigate any potential adverse effects of exports of this oil on the environment, which shall be completed within four months of the date of the enactment of this subsection; and (C) whether exports of this oil are likely to cause sustained material oil supply shortages or sustained oil prices significantly above world market levels that would cause sustained material adverse employment effects in the United States or that would cause substantial harm to consumers, including noncontiguous States and Pacific territories. If the President determines that exports of this oil are in the national interest, he may impose such terms and conditions (other than a volume limitation) as are necessary [[Page 439]] or appropriate to ensure that such exports are consistent with the national interest. (2) Except in the case of oil exported to a country with which the United States entered into a bilateral international oil supply agreement before November 26, 1979, or to a country pursuant to the International Emergency Oil Sharing Plan of the International Energy Agency, any oil transported by pipeline over right-of-way granted pursuant to section 203 of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1652) shall, when exported, be transported by a vessel documented under the laws of the United States and owned by a citizen of the United States (as determined in accordance with section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802)). (3) Nothing in this subsection shall restrict the authority of the President under the Constitution, the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act ( ) U.S.C. 1601 et seq.), or Part B of title II of the Energy Policy and Conservation Act (42 U.S.C. 6271-76) to prohibit exports. (4) The Secretary of Commerce shall issue any rules necessary for implementation of the President's national interest determination, including any licensing requirements and conditions, within 30 days of the date of such determination by the President. The Secretary of Commerce shall consult with the Secretary of Energy in administering the provisions of this subsection. (5) If the Secretary of Commerce finds that exporting oil under authority of this subsection has caused sustained material oil supply shortage or sustained oil prices significantly above world market levels and further finds that these supply shortages or price increases have caused or are likely to cause sustained material adverse employment effects in the United States, the Secretary of Commerce, in consultation with the Secretary of Energy, shall recommend, and the President may take, appropriate action concerning exports of this oil, which may include modifying or revoking authority to export such oil. (6) Administrative action under this subsection is not subject to sections 551 and 553 through 559 of title 5, United States Code. MINERAL LANDS LEASING ACT 30 U.S.C. 185(u) Limitations on Export Any domestically produced crude oil transported by pipeline over rights-of-way granted pursuant to this section, except such crude oil which is either exchanged in similar quantity for convenience or increased efficiency of transportation with persons or the government of an adjacent foreign state, or which is temporarily exported for convenience or increased efficiency of transportation across parts of an adjacent foreign state and reenters the United States, shall be subject to all of the limitations and licensing requirements of the Export Administration Act of 1979 (50 U.S.C. App. 2401 and following) and, in addition, before any crude oil subject this section may be exported under the limitations and licensing requirements and penalty and enforcement provisions of the Export Administration Act of 1979 the President must make and publish an express finding that such exports will not diminish the total quantity or quality of petroleum available to the United States, and are in the national interest and are in accord with the provisions of the Export Administration Act of 1979: Provided, That the President shall submit reports to the Congress containing findings made under this section, and after the date of receipt of such report Congress shall have a period of sixty calendar days, thirty days of which Congress must have been in session, to consider whether exports under the terms of this section are in the national interest. If the Congress within this time period passes a concurrent resolution of disapproval stating disagreement with the President's finding concerning the national interest, further exports made pursuant to the aforementioned Presidential finding shall cease. NAVAL PETROLEUM RESERVES PRODUCTION ACT 10 Sec. 7430(e) Any petroleum produced from the naval petroleum reserves, except such petroleum which is either exchanged in similar quantities for convenience or increased efficiency of transportation with persons or the government of an adjacent foreign state, or which is temporarily exported for convenience or increased efficiency of transportation across parts of an adjacent foreign state and reenters the United States, shall be subject to all of the limitations and licensing requirements of the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) and, in addition, before any petroleum subject to this section may be exported under the limitations and licensing requirement and penalty and enforcement provisions of the Export Administration Act of 1979, the President must make and publish an express finding that such exports will not diminish the total quality or quantity of petroleum available to the United States and that such exports are in the national interest and are in accord with the Export Administration Act of 1979. OUTER CONTINENTAL SHELF LANDS ACT 43 U.S.C. 1354 (a) Application of Export Administration provisions. [[Page 440]] Except as provided in subsection (d) of this section, any oil or gas produced from the outer Continental Shelf shall be subject to the requirements and provisions of the Export Administration Act of 1969. Note that the Export Administration Act of 1969, referred to in paragraphs (a) and (b) of the Supplement, terminated on September 30, 1979, pursuant to the terms of that Act. (b) Condition precedent to exportation; express finding by President of no increase in reliance on imported oil or gas. Before any oil or gas subject to this section may be exported under the requirements and provisions of the Export Administration Act of 1969, the President shall make and publish an express finding that such exports will not increase reliance on imported oil or gas, are in the national interest, and are in accord with the provisions of the Export Administration Act of 1969. (c) Report of findings by President to Congress; joint resolution of disagreement with findings of President. The President shall submit reports to Congress containing findings made under this section, and after the date of receipt of such reports Congress shall have a period of sixty calendar days, thirty days of which Congress must have been in session, to consider whether export under the terms of this section are in the national interest. If the Congress within such time period passes a concurrent resolution of disapproval stating disagreement with the President's finding concerning the national interest, further exports made pursuant to such Presidential findings shall cease. (d) Exchange or temporary exportation of oil and gas for convenience or efficiency of transportation. The provisions of this section shall not apply to any oil or gas which is either exchanged in similar quantity for convenience or increase efficiency of transportation with persons or the government of a foreign state, or which is temporarily exported for convenience or increased efficiency of transportation across parts of an adjacent foreign state and reenters the United States, or which is exchanged or exported pursuant to an existing international agreement.