[Federal Register Volume 59, Number 57 (Thursday, March 24, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-6885] [[Page Unknown]] [Federal Register: March 24, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Export Administration 15 CFR Part 777 [Docket No. 930653-3153] RIN 0694-AA70 Exports of Certain California Crude Oil AGENCY: Bureau of Export Administration, Commerce. ACTION: Proposed rule with a request for comments. ----------------------------------------------------------------------- SUMMARY: The Bureau of Export Administration (BXA) is proposing to amend the short supply provisions of the Export Administration Regulations (EAR) by revising the restrictions on exports to initially allow the export of up to 25,000 barrels per day of California heavy crude oil having a gravity of 20 degrees API or lower. The changes proposed by this rule are based on the President's October 22, 1992, memorandum to the Secretary of Commerce to modify existing restrictions on the export of certain California heavy crude oil. This notice delineates the actions the Department is taking to implement the President's decision. It also proposes specific regulatory changes implementing those actions and solicits public comments. DATES: Comments must be received by April 25, 1994. ADDRESSES: Written comments (six copies) should be sent to Bernard Kritzer, Senior Industry Analyst, Office of Foreign Availability, room 1087, U.S. Department of Commerce, 14th Street and Pennsylvania Avenue NW., Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Bernard Kritzer, Office of Foreign Availability (OFA), Bureau of Export Administration, Telephone: (202) 482-0074. SUPPLEMENTARY INFORMATION: Background Section 777.6(d)(1) of the Export Administration Regulations (EAR) restricts exports of crude petroleum, including reconstituted crude petroleum, tar sands and crude shale oil. This rule proposes to amend Sec. 777.6(d)(1) to permit exports of certain California crude oil pursuant to a Presidential Memorandum of October 22, 1992,\1\ in which the President determined that exports of California heavy crude oil having a gravity of 20 degrees API or lower were in the national interest. Before the President authorized this export of crude oil, he made findings and determinations under three statutes: Section 103 of the Energy Policy and Conservation Act (42 U.S.C. 6212(b)); section 28(u) of the Mineral Leasing Act, as amended by the Trans-Alaska Pipeline Authorization Act of 1973 (30 U.S.C. 185(u)); and provisions of the Export Administration Act, as amended, and to the extent consistent with law, continued in effect through the President's invocation of the International Emergency Economic Powers Act. The Export Administration Act was continued on March 27, 1993, by Public Law 103-10. The President made findings that exports of California heavy crude oil having a gravity of 20 degrees API or lower: (1) Were in accord with the provisions of the Export Administration Act of 1979, as amended; --------------------------------------------------------------------------- \1\ The President's memorandum of October 22, 1992, ``Exports of Domestically Produced Heavy Crude Oil'' (3 CFR, 1992 Comp., p. 382). --------------------------------------------------------------------------- (2) Were consistent with the purposes of the Energy Policy and Conservation Act; and (3) Would not diminish the total quality or quantity of petroleum available to the United States. Based upon the above findings, the President authorized the Secretary of Commerce to modify the existing restrictions on the export of crude oil produced in the lower 48 states to initially allow the export of an average quantity of 25,000 barrels per day (MB/D) of California heavy crude oil having a gravity of 20 degrees API or lower. The President also directed the Secretary of Energy, in consultation with the Secretaries of Commerce, the Interior, Transportation, and other interested agencies, to conduct periodic reviews of such exports in light of then-existing market circumstances. Based upon the results of these market reviews, the President authorized the Secretary of Energy to recommend to the Secretary of Commerce that adjustments be made in the quantity of California heavy crude oil that may be authorized for export (i.e., adjustments to the initial average authorized level of 25 MB/D). Department of Commerce Actions The Department proposes to take the following actions to implement the President's decision: (1) Propose rules to implement the President's decision; (2) Solicit public comments on the rules; and (3) Publish a final rule implementing the President's findings and taking into account public comments on this proposed rule and other relevant evidence. The Department of Commerce's Proposals This notice proposes to amend Sec. 777.6 of the Export Administration Regulations (EAR) to allow the licensing of exports of up to 25 MB/D per day of California heavy crude oil having a gravity of 20 degrees API or lower. To implement this program, the Department proposes to: (1) Grant licenses for these exports on a first-come-first-served basis; (2) authorize the export of up to 25 percent (2.28 million barrels) of the annual authorized volume (9.125 million barrels) of such California crude oil per license; (3) approve only one application per company, including its affiliates, as long as there are other outstanding non- affiliate company applications in that month; (4) allow the licensee up to 90 days from the issuance of the license to export the oil; (5) require the licensee to certify to the Department in writing that the export(s) occurred during the 90-day license term; (6) carry forward any portion of the 25 MB/D quota that the Department has not licensed, except that the Department will not carry forward unlicensed portions more than 30 days into a new calendar year; (7) return to the available quota volume all licensed volumes not shipped during the 90-day term of an export license, except that the Department will not carry forward unshipped portions more than 30 days into the new calendar year; and (8) allow a 10 percent shipping tolerance on the licensed, but not shipped volume of barrels and a 25 percent shipping tolerance on the total dollar value of the license, respectively. The Department proposes to require that a prospective exporter: (1) Submit an application on BXA Form 622-P; (2) state the total number of barrels for export during the 90-day license term not a per day rate; (3) include supporting documents proving that the applicant has: (i) Title to the quantity of barrels stated in the application, or an accepted order for the purchase of the quantity of barrels stated in the application, (ii) a verifiable contract of sale to export the crude oil contingent on the applicant obtaining an export license, (iii) documentation proving that the crude oil to be exported has a gravity of 20 degrees API or lower, (iv) documentation proving that the crude oil was derived from production within the state of California, including its state submerged lands, (v) documentation certifying that the crude oil was not produced or derived from a U.S. Naval Petroleum Reserve, and (vi) documentation certifying that the crude oil was not produced from the submerged lands of the U.S. Outer Continental Shelf; and (4) export the licensed volumes within 90 days of the issuance of the license and to report the export to the Department of Commerce. In addition, the Department will allow the applicant to combine licensed quantities into one or more shipments, provided that the validity period of none of the affected licenses has expired. As set forth in the EAR, the applicant cannot transfer a license to another person. An applicant can file for a license at any time during the calendar year. The Department, however, will process only one license per applicant per month as long as there are other non-affiliated applications pending during that month. The Department will issue validated licenses expeditiously as long as there are sufficient quantities of the authorized heavy crude oil volumes available. If there is no available volume of heavy crude oil, the Department will return the application without action. If the volume of heavy crude oil available for export is less than the applicant requested, the Department will contact the applicant and determine if the applicant wants the available volume. If not, the Department will return the application without action. If the applicant wants the available volume, the Department will request that the applicant amend its application to reflect the lesser volume. The Department will apply the procedures eventually adopted in response to this proposed rulemaking with additional notice and comment to any future increase in the export volume that the Secretary of Energy may from time to time recommend to the Department of Commerce. Nature of the Export Market In developing an approach to implementing the President's decision, the Department is taking into account the nature of the heavy crude oil export market. The Department's 1989 ``Report to the Congress on U.S. Crude Oil Exports,'' (pp. IV-4-IV-11) concluded that opportunities to export California heavy crude generally consist of spot market rather than year-round export activity. The report found that opportunities to export California heavy crude oil occur intermittently and randomly throughout the year when the price of these oils are low and the price of Pacific Rim substitutes are high. The Department's recent experience monitoring licensed export volumes strongly supports this position. The Department recognized the need, therefore, to develop licensing procedures permitting firms to take advantage of brief windows of opportunity and to conduct spot market export transactions. The 1989 Commerce Report also identified numerous potential participants in such a market with a wide range of economic strengths and capabilities. The study found that allowing limited exports of California heavy crude oil would enable some firms (e.g., the independent producers) to expand their crude oil marketing opportunities, to maintain their existing oil production, and to earn additional revenue to reinvest in exploring for new domestic oil reserves. The Department also recognized that having only one applicant could reduce the effectiveness of the export program. For example, an exporter could, in a licensing program without time limits, apply for and obtain an export license for the entire 25 MB/D per day for a one year period. If, however, the firm did not export the oil because of some problem with the transaction, the license would never be used. This would limit the number of potential exporters, deny commercial opportunities to other participants, and frustrate the intent of the President's export initiative. This concern argued for limiting the term of an export license to insure that the licensee used the license and exported the oil, or that the volume of oil quickly became available to other interested applicants. There was also a need to assure that licenses issued to exporters would be in commercially viable volumes since the total volume initially authorized for export is low--9.125 million barrels annually. It would be difficult to achieve economically viable shipments if the Department were to issue numerous licenses for small volumes (e.g., 100,000 barrels). Departmental Considerations Given the noted market dynamics and commercial consideration, the Department considers it necessary to develop a licensing regime that: (1) Is equitable; (2) minimizes government involvement in commercial transactions; (3) makes licenses available to a wide number of participants; (4) reviews license applications expeditiously to allow firms to take advantage of time-sensitive spot market trading opportunities; (5) prevents a firm from obtaining a license and not exporting the oil; (6) allows for economically viable export cargoes; and (7) does not impose unnecessary administrative burdens on exporters. Although the Department proposes to implement the option of first- come-first-served, the Department will consider and may adopt any of the options in this rulemaking, or an alternative proposal that addresses the above considerations. In fact, the Department did consider several different options; they are discussed below. The Department is soliciting comments from interested parties on the most effective approach for the Department to implement the President's decision. Option #1--First-Come-First-Served Under this option, the Department would grant licenses for the export of California heavy crude oil on a first-come-first-served basis. This option involves the minimum government management of an export licensing regime and intervention in the market. There are numerous variations to this option which involve the number of times per year that the Department would review and authorize export licenses. The Department could grant the licenses annually, quarterly or monthly on a first-come-first-served basis. There are also numerous variations on the volume of oil the Department could authorize per license. Under one variation the Department could license the entire export volume (9.125 million barrels) to the first firm that filed an export license application. Although licensing the entire volume at one time would achieve the Department's objective of minimizing the government's role in export transactions, it may result in limiting this export opportunity to the first firm that filed a license application. The Department, however, wants to ensure that the potential benefits of the program are diffused among many firms and utilized. This option, therefore, calls for limiting the quantity per license (i.e., 25 percent of the total authorized volume) and for each license to have a 90 day limit. In addition, a company and its affiliates can receive only one license per month as long as there are other outstanding applications. The Department considers this option to be the best means available to provide a number of opportunities (at least four) for a number of firms to participate in heavy crude oil exports with a minimum of government interference in the export transaction. The Department also considers that the 90 day license term would assure the utilization of the license or the rapid return of the volume of oil to the quota so others may use it. On the negative side, a single company could request and receive for four months in a row a license covering 25 percent of the authorized volume of oil just by being the earliest applicant to file with the Department. In addition, this option would require the Department to keep running accounts on the amount available for licensing at any one time. The Department, however, should be able to handle this because the authorized export volumes are small and the exports are likely to occur intermittently rather than year round. Option #2--Prorationing Prorationing procedures, such as the one the Department uses for the Alaskan North Slope/Canada (ANS/Canada) crude oil export regime, offer some advantages but also involve a greater measure of government involvement than does licensing on a first-come-first-served basis. On the positive side, this option may ensure that more firms could participate in the export program than would be the case under licensing option #1. This option also would assure everyone who applies would get some portion of the authorized export volume. On the negative side, this option would entail active government involvement in administering an export prorationing regime on a year round basis. In addition, a prorationing scheme could be difficult to administer and could result in economically not viable volumes. The volume of California heavy crude oil exports (25 MB/D) allowed under the President's October 22, 1992 decision amounts to one-half of the volume authorized for the ANS/Canada export regime (50 MB/D). Over the past four years the demand for ANS exports to Western Canada has not forced the Department to prorate exports among competing applications. This may not be the case in the California situation where the volume is much smaller and more firms have expressed an interest in participating in this program. Although several licensees with small volumes could possibly combine volumes to make one shipment, it would not help exporters that had contracts to deliver large volumes. Option #3--Pre-Qualification With Export Nominations This option would result in a greater degree of government management than would be the case under any of the other options described above because it would involve a two step review process of all export licensing transactions. Under this procedure, potential exporters would provide enough information to allow the Department to pre-qualify a firm as an exporter and subsequently grant final export authorization to the firm upon the provision of satisfactory information regarding end-users and intermediate consignees, if any. The first step would involve the Department pre-qualifying exporters based upon the following criteria: (1) The firm is a commercial entity that is interested in exporting California heavy crude oil; (2) the applicant can demonstrate that an end-user is interested in purchasing oil from them as evidenced by a letter/telex. The nominations process--step 2--would operate as follows: 1. On a monthly basis, a pre-qualified exporter would nominate the quantity it would like to export during the month. 2. A pre-qualified exporter would have to submit his nomination no later than 10 calendar days before the first day of the month. 3. At the outset of each month, the Department would notify pre- qualified exporters of how much oil was available for export pursuant to the quota for the month. (It could provide notice by having firms telephone a special number and/or talk with a licensing officer.) 4. When nominating export volumes, the licensee would be required to provide the Department with documentation establishing: (a) Title to the oil or a contract to purchase the oil subject to approval of the export transaction; (b) a contract or contingent contract to export the oil subject to approval of the export transaction. The Department would also have to approve the intermediate and ultimate foreign consignees for the oil, and; 5. The licensee would have 30 days to complete the export. If the export did not occur during the 30 day license term, the Department would return the volume to the quota. If the licensee shipped part of the volume, the Department would return unshipped volumes to the quota. Other key provisions include: 1. The Department would allow the export of up to a total of 2,281,000 barrels during any 30 day period. 2. The Department would limit individual company exports to 1,000,000 barrels of oil during any 30 day period. 3. The Department would process only one nomination per firm per 30 day period as long as there are outstanding nominations from non- affiliated firms. The Department would implement the following provision in the event the volume of crude oil nominated for export exceeds the amount allowed during a 30 day period: 1. It would allocate to each applicant an equal share of the authorized volume. For example, if five licensees nominated a total over the authorized volume of exports, the Department would allocate each party 20 percent of the volume available for export (i.e., 456,000 barrels out the total of 2,281,000 barrels available), and 2. Licensees would be allowed to combine volumes to achieve economic-sized cargoes. On the positive side, this option would be responsive to the spot- market nature of the market. The pre-qualifying process may ensure that many firms had the opportunity to participate in the export program. On the negative side, the Department considers the two-step review process unnecessarily bureaucratic. This approach would require the Department to actively manage licenses and keep running accounts on the amounts available for licensing at any one time. In addition, exporters would have to contact the Department on an ongoing basis to determine what volume was available for export during a given month. Exporters would have to constantly report on whether they conducted exports and whether they exceeded their authorized export level. The Department would also have to establish a procedure to screen and pre-qualify new entrants on a continuous basis to ensure that they would receive an opportunity to participate in the export program. The Department invites written comments from interested parties that may assist it in implementing the President's decision. Specifically, we solicit information concerning the following: (1) What are the pros and cons of each of the licensing options presented, and which, if any, do you prefer? (2) Are there other licensing approaches that would better allow U.S. exporters to take advantage of this opportunity? If you have a specific licensing scheme in mind, please explain it, discuss the pros and cons of the selected option, and explain how the Department should implement your approach. (2) Should the Department review export license applications monthly, or more or less frequently (e.g., quarterly, semiannually, annually, continuously)? Are exports of up to 2.28 million barrels per license sufficient to make licenses available to more than one company while retaining the commercial viability of the exports? If not, what is the optimal cargo size (barrels) for economically viable export shipments? (3) Should an exporter have more or less than a 90-day license to export California crude oil in a spot market trading environment? What would be the optimal time to allow an exporter to pursue business activities while not denying opportunities to other exporters? (4) Should the Department carry over export volumes not shipped in one calendar year to the next year? What is the optimal time that the Department should carry over volumes not shipped during one calendar year? (5) Are there any specific heavy crudes, with particular assay properties, that the Department should exclude from licensing? Comments in this area should indicate the specific source and type of crude, its full assay, the unique nature of the assay, the availability of substitutes and the special user. Comment Procedures The Department is issuing this rule in proposed form and will consider public comments in the development of the final regulations. The Department encourages interested persons who wish to comment to do so at the earliest possible time to permit the fullest consideration of their views. The following procedures will apply to any comments submitted pursuant to this procedure: (1) Interested parties are invited to submit written comments (6 copies), opinions, data, information, or advice with respect to this notice to the address above by the dates specified above; (2) The Department will consider all comments received before the close of the comment period in developing final regulations. While comments received after the end of the comment period will be considered if possible, this cannot be assured; (3) All public comments on these regulations will be a matter of public record and will be available for public inspection and copying. (Communications from agencies of the United States Government or foreign governments will not be made available for public inspection.); (4) In the interest of accuracy and completeness, the Department requires comments in written form. Oral comments must be followed by written memoranda which will also be a matter of public record and will be available for public review and copying; (5) The Department will not accept public comments accompanied by a request that a part or all of the material be treated confidentially because of its business proprietary nature or for any other reason. The Department will return such comments and materials to the person submitting the comments and will not consider them in the development of final regulations; and (6) The comments received in response to this notice will be maintained in the Bureau of Export Administration Freedom of Information Records Inspection Facility, room 4525, Department of Commerce, 14th Street and Pennsylvania Avenue, NW., Washington, DC 20230. Interested parties may inspect and copy records in this facility, including written public comments and memoranda summarizing the substance of oral communications, in accordance with regulations published in part 4 of title 15 of the Code of Federal Regulations. Information about the inspection and copying of records at the facility may be obtained from Margaret Cornejo, Bureau of Export Administration Freedom of Information Officer, at the above address or by calling (202) 482-5653. Rulemaking Requirements 1. This proposed rule contains collections of information subject to the requirements of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) The public reporting burden for this collection of information is estimated to average 12 hours per response, including the time required for reviewing instructions, searching and maintaining the necessary data, and completing and reviewing the collection of information. Send comments regarding this burden to: Bernard Kritzer, Senior Industry Analyst, Office of Foreign Availability, room 1087, U.S. Department of Commerce, 14th Street and Pennsylvania Avenue, NW., Washington, D.C., 20230; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. Project No. 0694-AA70. 2. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule by section 553 of the Administrative Procedure Act (5 U.S.C. 553) or by any other law, under section 3(a) of the Regulatory Flexibility Act (5 U.S.C. 603(a) and 604(a)) no initial or final Regulatory Flexibility Analysis has to be or will be prepared. 3. This proposed rule does not contain policies with Federalism implications sufficient to warrant preparation of a Federalism assessment under Executive Order 12612. 4. This rule was not subject to review by the Office of Management and Budget under Executive Order 12866. List of Subjects in 15 CFR Part 777 Administrative practice and procedure, Exports, Forest and forest products, Petroleum, Reporting and recordkeeping requirements. Accordingly, part 777 of the Export Administration Regulations (15 CFR parts 730-799) is proposed to be amended as follows: 1. The authority citation for 15 CFR part 777 continues to read as follows: Authority: Pub. 90-351, 82 Stat. 197 (18 U.S.C. 2510 et seq.), as amended; sec. 101, Pub. L. 93-153, 87 Stat. 576 (30 U.S.C. 185), as amended; sec. 103, Pub. L. 94-163, 89 Stat. 877 (42 U.S.C. 6212), as amended; secs. 201 and 201(11)(e), Pub. L. 94-258, 90 Stat. 309 (10 U.S.C. 7420 and 7430(e)), as amended; Pub. L. 95-223, 91 Stat 1626 (50 U.S.C. 1701 et seq.); Pub. L. 95-242, 92 Stat. 120 (22 U.S.C. 3201 et seq. and 42 U.S.C. 2139a); sec. 208, Pub. L. 95-372, 92 Stat. 668 (43 U.S.C. 1354); Pub. L. 96-72, 93 Stat. 503 (50 U.S.C. App. 2401 et seq.), as amended; E.O. 11912 of April 13, 1976 (41 FR 15825, April 15, 1976); E.O. 12002 of July 7, 1977 (42 FR 35623, July 7, 1977), as amended; E.O. 12058 of May 11, 1978 (43 FR 20947, May 16, 1978); E.O. 12214 of May 2, 1980 (45 FR 29783, May 6, 1980); E.O.12730 of September 30, 1990 (55 FR 40373, October 2, 1990), as continued by Notice of September 25, 1992 (57 FR 44649, September 28, 1992); and E.O. 12735 of November 16, 1990 (55 FR 48587, November 20, 1990), as continued by Notice of November 14, 1991 (56 FR 58171, November 15, 1991). PART 777--[AMENDED] 3. Section 777.6 is amended by adding a new paragraph (d)(1)(xii) and a new paragraph (k) to read as follows: Sec. 777.6 Petroleum and petroleum products. * * * * * (d) * * * (1) * * * (xii) Exports of certain California crude oil. California heavy crude oil can be exported under the following conditions: (A) The commodity has a gravity of 20 degrees API or lower; (B) The commodity is produced in the state of California, including its submerged state lands; (C) The applicant certifies by affidavit that: (1) The commodity is not produced or derived from a U.S. Naval Petroleum Reserve; (2) The commodity is not produced from the submerged lands of the U.S. Outer Continental Shelf; and (3) All aspects of the transaction comply with the provisions of paragraph (k) of this section. * * * * * (k) Exports of California heavy crude oil pursuant to Sec. 777.6(d)(1)(xii). The export of California heavy crude oil will be allowed for an average of no more than 25,000 barrels per day (MB/D) (or such greater or lesser volume as the Secretary of Commerce authorizes based on the determination and recommendation of the Secretary of Energy) California heavy crude oil having a gravity of 20 degrees API or lower as follows: (1) Applicants must submit applications on Form BXA-622P to the following address: Office of Export Licensing, ATTN: Short Supply, Petroleum, Bureau of Export Administration, U.S. Department of Commerce, P.O. Box 273, Washington, DC 20044. (2) The quantity stated on each application must be the total number of barrels--not a per day rate. This quantity must not exceed 2.28 million barrels or 25 percent of the annual authorized export quota. (3) Each application shall be accompanied by documents that show: (i) The applicant has or will acquire a title to the quantity of barrels stated in the application by providing either an accepted contract or bill of sale for the quantity of barrels stated in the application; or a contract to purchase the quantity of barrels stated in the application, which may be contingent upon issuance of an export license to the applicant; (ii) Contract(s) to export the quantity of barrels stated in the application, which may be contingent upon issuance of the export license to the applicant. (iii) The crude oil: (A) Has a gravity of 20 degrees API or lower; (B) Was produced within the state of California, including its submerged state lands; (C) Was not produced or derived from a U.S. Naval Petroleum Reserve; and (D) Was not produced from submerged lands of the U.S. Outer Continental Shelf. (4) OEL will adhere to the following procedures for licensing exports of California crude oil: (i) OEL will issue validated licenses for approved applications in the order in which OEL received the application (date-time stamped), with the total quantity authorized not to exceed 25 percent (2.28 million barrels) of the annual (9.125 million barrels) authorized volume per license. If any unused quota exists, OEL will continue to issue licenses for the unused portion of the quota. (ii) OEL will approve only one application per month for each company and its affiliates, as long as there are other non-affiliated applications pending during that month. (iii) OEL will carry forward any portion of the 25 MB/D quota that OEL has not licensed, except that OEL will not carry over any unallocated portions more than 30 days into a new calendar year. (iv) OEL will return to the available authorized export quota any portion of the 25 MB/D quota that OEL had licensed but a licensee had not shipped within the 90 day authorized license term, except that OEL will not carry over unshipped volumes more than 30 days into a new calendar year. (5) License holders: (i) Have 90 calendar days from the date OEL issued the license to export the quantity authorized on the license. The exporter is required to provide OEL with a certified statement confirming the date and quantity of exports. (ii) May combine authorized quantities into one or more shipments, provided that the validity period of none of the affected licenses has expired. (iii) Are prohibited from transferring the license to another party. See, 15 CFR part 787. (6) OEL will allow, pursuant to Sec. 786.7(c) of this subchapter, a 10 percent shipping tolerance on the unshipped balance based upon the volume of barrels it has authorized. In addition to the 10 percent tolerance on the unshipped volume of barrels, OEL will allow a 25 percent shipping tolerance on the total dollar value of the license. (7) OEL: (i) Will not carry over to the next calendar year pending applications from the previous year. (ii) Will apply the procedures described in this section without notifying the public concerning any increase in export volume authorized by the Secretary of Energy from time to time. Dated: March 17, 1994. Sue E. Eckert, Assistant Secretary for Export Administration. [FR Doc. 94-6885 Filed 3-23-94; 8:45 am] BILLING CODE 3510-DT-P