[Federal Register Volume 86, Number 49 (Tuesday, March 16, 2021)]
[Notices]
[Pages 14433-14436]
[FR Doc No: 2021-05325]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0547]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Survey on the Occurrence of Foodborne Illness Risk
Factors in Selected Retail and Foodservice Facility Types

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on ``Survey on the Occurrence of Foodborne
Illness Risk Factors in Selected Retail and Foodservice Facility
Types.''

DATES: Submit either electronic or written comments on the collection
of information by May 17, 2021.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before May 17, 2021. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of May 17, 2021. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2012-N-0547 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Survey on the Occurrence of
Foodborne Illness Risk Factors in Selected Retail and Foodservice
Facility Types.'' Received comments, those filed in a timely manner
(see ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), Federal

Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Survey on the Occurrence of Foodborne Illness Risk Factors in Selected
Retail and Foodservice Facility Types

OMB Control Number 0910-0744--Extension

I. Background

    From 1998 to 2008, the FDA's National Retail Food Team conducted a
study to measure trends in the occurrence of foodborne illness risk
factors, preparation practices, and employee behaviors most commonly
reported to the Centers for Disease Control and Prevention as
contributing factors to foodborne illness outbreaks at the retail
level. Specifically, data was collected by FDA Specialists in retail
and foodservice establishments at 5-year intervals (1998, 2003, and
2008) in order to observe and document trends in the occurrence of the
following foodborne illness risk factors:
     Food from Unsafe Sources,
     Poor Personal Hygiene,
     Inadequate Cooking,
     Improper Holding/Time and Temperature, and
     Contaminated Equipment/Cross-Contamination.
    FDA developed reports summarizing the findings for each of the
three data collection periods, released in 2000, 2004, and 2009 (Refs.
1 to 3). Data from all three data collection periods were analyzed to
detect trends in improvement or regression over time and to determine
whether progress had been made toward the goal of reducing the
occurrence of foodborne illness risk factors in selected retail and
foodservice facility types (Ref. 4).
    Using this 10-year survey as a foundation, in 2013-2014, FDA
initiated a new study in full-service and fast-food restaurants. This
study will span 10 years with data collections completed in 2013-2014
and 2017-2018, and an additional collection planned for 2021-2022.
Three data collections are necessary to trend the data. Data collected
in 2013-2014 is published, and data from 2017-2018 is currently being
evaluated for trends and significance.

    Table 1--Description of the Facility Types Included in the Survey
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        Facility type                         Description
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Full-Service Restaurants.....  A restaurant where customers place their
                                orders at their tables, are served their
                                meals at the tables, receive the
                                services of the wait staff, and pay at
                                the end of the meals.
Fast-Food Restaurants........  A restaurant that is not a full-service
                                restaurant. This includes restaurants
                                commonly referred to as quick-service
                                restaurants and fast, casual
                                restaurants.
------------------------------------------------------------------------

    The results of this 10-year study period will be used to:
     Develop retail food safety initiatives, policies, and
targeted intervention strategies focused on controlling foodborne
illness risk factors;
     Provide technical assistance to State, local, tribal, and
territorial regulatory professionals;
     Identify FDA retail work plan priorities; and
     Inform FDA resource allocation to enhance retail food
safety nationwide.
    The statutory basis for FDA conducting this study is derived from
the Public Health Service Act (PHS Act) (42 U.S.C. 243, section
311(a)). Responsibility for carrying out the provisions of the PHS Act
relative to food protection was transferred to the Commissioner of Food
and Drugs in 1968 (21 CFR 5.10(a)(2) and (4)). Additionally, the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and the
Economy Act (31 U.S.C. 1535) require FDA to provide assistance to other
Federal, State, and local government bodies.
    The objectives of this study are to:
     Identify the least and most often occurring foodborne
illness risk factors and food safety behaviors/practices in restaurants
within the United States;
     Determine the extent to which Food Safety Management
Systems and the presence of a Certified Food Protection Manager impact
the occurrence of foodborne illness risk factors and food safety
behaviors/practices; and
     Determine whether the occurrence of foodborne illness risk
factors food safety behaviors/practices in delis differs based on an
establishment's risk categorization and status as a single-unit or
multiple-unit operation (e.g., restaurants that are part of an
operation with two or more units).
    The methodology to be used for this information collection is
described as follows. To obtain a sufficient number of observations to
conduct statistically significant analysis, FDA will conduct
approximately 400 data collections in each facility type. This sample
size has been calculated to provide for sufficient observations to be
95 percent confident that the compliance percentage is within 5 percent
of the true compliance percentage.
    A geographical information system database containing a listing of
businesses throughout the United States provides the establishment
inventory for the data collections. FDA samples establishments from the
inventory based on the descriptions in table 1. FDA does not intend to
sample operations that handle only prepackaged food items or conduct
low-risk food preparation activities. The ``FDA Food Code'' contains a
grouping of establishments by risk, based on the type of food
preparation that is normally conducted within the operation (Ref. 5).
The intent

is to sample establishments that fall under risk categories 2 through
4.
    FDA has approximately 25 Retail Food Specialists (Specialists) who
serve as the data collectors for the 10-year study. The Specialists are
geographically dispersed throughout the United States and possess
technical expertise in retail food safety and a solid understanding of
the operations within each of the facility types to be surveyed. The
Specialists are also standardized by FDA's Center for Food Safety and
Applied Nutrition personnel in the application and interpretation of
the FDA Food Code (Ref. 5).
    Sampling zones have been established that are equal to the 175-mile
radius around a Specialist's home location. The sample is selected
randomly from among all eligible establishments located within these
sampling zones. The Specialists are generally located in major
metropolitan areas (i.e., population centers) across the contiguous
United States. Population centers usually contain a large concentration
of the establishments FDA intends to sample. Sampling from the 175-mile
radius sampling zones around the Specialists' home locations provides
three advantages to the study:
    1. It provides a cross-section of urban and rural areas from which
to sample the eligible establishments.
    2. It represents a mix of small, medium, and large regulatory
entities having jurisdiction over the eligible establishments.
    3. It reduces overnight travel and, therefore, reduces travel costs
incurred by the Agency to collect data.
    The sample for each data collection period is evenly distributed
among Specialists. Given that participation in the study by industry is
voluntary and the status of any given randomly selected establishment
is subject to change, substitute establishments have been selected for
each Specialist for cases where the restaurant facility is
misclassified, closed, or otherwise unavailable, unable, or unwilling
to participate.
    Prior to conducting the data collection, Specialists contact the
State or local jurisdiction that has regulatory responsibility for
conducting retail food inspections for the selected establishment. The
Specialist verifies with the jurisdiction that the facility has been
properly classified for the purposes of the study and is still in
operation. The Specialist ascertains whether the selected facility is
under legal notice from the State or local regulatory authority. If the
selected facility is under legal notice, the Specialist will not
conduct a data collection, and a substitute establishment will be used.
An invitation is extended to the State or local regulatory authority to
accompany the Specialist on the data collection visit.
    A standard form is used by the Specialists during each data
collection. The form is divided into three sections: Section 1--
``Establishment Information''; Section 2--``Regulatory Authority
Information''; and Section 3--``Foodborne Illness Risk Factor and Food
Safety Management System Assessment.'' The information in Section 1
``Establishment Information'' of the form is obtained during an
interview with the establishment owner or person in charge by the
Specialist and includes a standard set of questions.
    The information in Section 2 ``Regulatory Authority Information''
is obtained during an interview with the program director of the State
or local jurisdiction that has regulatory responsibility for conducting
inspections for the selected establishment.
    Section 3 includes three parts: Part A for tabulating the
Specialists' observations of the food employees' behaviors and
practices in limiting contamination, proliferation, and survival of
food safety hazards; Part B for assessing the food safety management
system being implemented by the facility; and Part C for assessing the
frequency and extent of food employee handwashing. The information in
Part A is collected from the Specialists' direct observations of food
employee behaviors and practices. Infrequent, nonstandard questions may
be asked by the Specialists if clarification is needed on the food
safety procedure or practice being observed. The information in Part B
is collected by making direct observations and asking follow-up
questions of facility management to obtain information on the extent to
which the food establishment has developed and implemented food safety
management systems. The information in Part C is collected by making
direct observations of food employee handwashing. No questions are
asked in the completion of Section 3, Part C of the form.
    FDA collects the following information associated with the
establishment's identity: Establishment name, street address, city,
State, ZIP Code, county, industry segment, and facility type. The
establishment-identifying information is collected to ensure the data
collections are not duplicative. Other information related to the
nature of the operation, such as seating capacity and number of
employees per shift, is also collected. Data will be consolidated and
reported in a manner that does not reveal the identity of any
establishment included in the study.
    FDA has collaborated with the Food Protection and Defense Institute
to develop a web-based platform in FoodSHIELD to collect, store, and
analyze data for the Retail Risk Factor Study. This platform is
accessible to State, local, territorial, and tribal regulatory
jurisdictions to collect data relevant to their own risk factor
studies. For the 2015-2016 data collection, FDA piloted the use of
hand-held technology for capturing the data onsite during the data
collection visits. The tablets that were made available for the data
collections were part of a broader Agency initiative focused on
internal uses of hand-held technology. The tablets provided for the
data collection presented several technical and logistical challenges
and increased the time burden associated with the data collection as
compared to the manual entry of data collections. For these reasons,
FDA will not be further evaluating hand-held technology in subsequent
data collections during the 10-year study period.
    When a data collector is assigned a specific establishment, he or
she conducts the data collection and enters the information into the
web-based data platform. The interface will support the manual entering
of data, as well as the ability to directly enter information in the
database via a web browser.
    The burden for the 2021-2022 data collection is as follows. For
each data collection, the respondents will include: (1) The person in
charge of the selected facility (whether it be a fast-food or full-
service restaurant); and (2) the program director (or designated
individual) of the respective regulatory authority. In order to provide
the sufficient number of observations needed to conduct a statistically
significant analysis of the data, FDA has determined that 400 data
collections will be required in each of the two restaurant facility
types. Therefore, the total number of responses will be 1,600 (400 data
collections x 2 facility types x 2 respondents per data collection).
    The burden associated with the completion of Sections 1 and 3 of
the form is specific to the persons in charge of the selected
facilities. The burden includes the time it will take the person in
charge to accompany the data collector during the site visit and answer
the data collector's questions. The burden related to the completion of
Section 2 of the form is specific to the program directors (or
designated

individuals) of the respective regulatory authorities. The burden
includes the time it will take to answer the data collectors' questions
and is the same regardless of the facility type.
    To calculate the estimate of the hours per response, FDA will use
the average data collection duration for the same facility types during
the 2015-2016 data collection. FDA estimates that it will take the
persons in charge of full-service restaurants and fast-food restaurants
104 minutes (1.73 hours) and 82 minutes (1.36 hours), respectively, to
accompany the data collectors while they complete Sections 1 and 3 of
the form. In comparison, for the 2017-2018 data collection, the burden
estimate was 106 minutes (1.76 hours) in full-service restaurants and
73 minutes (1.21 hours) in fast-food restaurants. FDA estimates that it
will take the program director (or designated individual) of the
respective regulatory authority 30 minutes (0.5 hours) to answer the
questions related to Section 2 of the form. This burden estimate is
unchanged from the last data collection. Hence, the total burden
estimate for a data collection in a full-service restaurant, including
both the program director's and the person in charge's responses, is
134 minutes (104 + 30) (2.23 hours). The total burden estimate for a
data collection in a fast-food restaurant, including both the program
director's and the person in charge's responses, is 112 minutes (82 +
30) (1.86 hours).
    Based on the number of entry refusals from the 2017-2018 data
collection, we estimate a refusal rate of 2 percent for the data
collections within restaurant facility types. The estimate of the time
per non-respondent is 5 minutes (0.08 hours) for the person in charge
to listen to the purpose of the visit and provide a verbal refusal of
entry.
    FDA estimates the burden of this collection of information as
follows:

                                                                         Table 2--Estimated Annual Reporting Burden \1\
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                                                                 Number of                                        Number of
                   Activity                       Number of    responses per   Total annual   Number of  non-   responses per     Total annual       Average burden per  response        Total
                                                 respondents     respondent      responses      respondents     non-respondent   non-responses                                           hours
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2021-2022 Data Collection (Fast Food                     400                1           400  ................  ...............  ...............  1.36................................        544
 Restaurants)--Completion of Sections 1 and 3.
2021-2022 Data Collection (Full-Service                  400                1           400  ................  ...............  ...............  1.73................................        692
 Restaurants)--Completion of Sections 1 and 3.
2021-2022 Data Collection--Completion of                 800                1           800  ................  ...............  ...............  0.5 (30 minutes)....................        400
 Section 2--All Facility Types.
2021-2022 Data Collection--Entry Refusals--All  ............  ...............  ............                16                1               16  0.08 (5 minutes)....................       1.28
 Facility Types.
                                               -------------------------------------------------------------------------------------------------------------------------------------------------
    Total Hours...............................  ............  ...............  ............  ................  ...............  ...............  ....................................   1,637.28
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Based on a review of the information collection since our last
request for OMB approval, we have made no adjustments to our burden
estimate.

II. References

    The following references are on display in the Dockets Management
Staff (see ADDRESSES) and are available for viewing by interested
persons between 9 a.m. and 4 p.m., Monday through Friday; they are also
available electronically at https://www.regulations.gov. FDA has
verified the website addresses, as of the date this document publishes
in the Federal Register, but websites are subject to change over time.

1. FDA, ``Report of the FDA Retail Food Program Database of
Foodborne Illness Risk Factors (2000).'' Available at https://wayback.archive-it.org/7993/20170406023019/https://www.fda.gov/downloads/Food/GuidanceRegulation/UCM123546.pdf
2. FDA, ``FDA Report on the Occurrence of Foodborne Illness Risk
Factors in Selected Institutional Foodservice, Restaurant, and
Retail Food Store Facility Types (2004).'' Available at https://wayback.archive-it.org/7993/20170406023011/https://www.fda.gov/downloads/Food/GuidanceRegulation/RetailFoodProtection/FoodborneIllnessRiskFactorReduction/UCM423850.pdf
3. FDA, ``FDA Report on the Occurrence of Foodborne Illness Risk
Factors in Selected Institutional Foodservice, Restaurant, and
Retail Food Store Facility Types (2009).'' Available at https://wayback.archive-it.org/7993/20170406023004/https://www.fda.gov/Food/GuidanceRegulation/RetailFoodProtection/FoodborneIllnessRiskFactorReduction/ucm224321.htm
4. FDA National Retail Food Team, ``FDA Trend Analysis Report on the
Occurrence of Foodborne Illness Risk Factors in Selected
Institutional Foodservice, Restaurant, and Retail Food Store
Facility Types (1998-2008).'' (2010). Available at https://wayback.archive-it.org/7993/20170406022950/https://www.fda.gov/Food/GuidanceRegulation/RetailFoodProtection/FoodborneIllnessRiskFactorReduction/ucm223293.htm
5. FDA, ``FDA Food Code.'' Available at https://www.fda.gov/FoodCode.

    Dated: March 9, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-05325 Filed 3-15-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Notices]
[Pages 9684-9685]
[FR Doc No: 2013-03013]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP13-498-000.
    Applicants: Midcontinent Express Pipeline LLC.
    Description: Penalty Revenue Crediting Report of Midcontinent
Express Pipeline LLC.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5040.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-499-000.
    Applicants: Kinder Morgan Louisiana Pipeline LLC.
    Description: Penalty Revenue Crediting Report of Kinder Morgan
Louisiana Pipeline LLC.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5042.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-500-000.
    Applicants: Northern Natural Gas Company.
    Description: 20130131 Negotiated Rate to be effective 2/1/2013.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5075.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-501-000.
    Applicants: Millennium Pipeline Company, L.L.C.
    Description: Annual Operations Transactions Report of Millennium
Pipeline Company, L.L.C.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5086.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-502-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: NAESB Copyright Waiver to be effective 3/4/2013.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5103.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-503-000.
    Applicants: Big Sandy Pipeline, LLC.
    Description: NAESB Copyright Waiver to be effective 3/4/2013.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5104.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-504-000.
    Applicants: Bobcat Gas Storage.
    Description: NAESB Copyright Waiver to be effective 3/4/2013.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5105.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-505-000.
    Applicants: East Tennessee Natural Gas, LLC.
    Description: NAESB Copyright Waiver to be effective 3/4/2013.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5106.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-506-000.
    Applicants: Egan Hub Storage, LLC.
    Description: NAESB Copyright Waiver to be effective 3/4/2013.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5121.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-507-000.
    Applicants: Gulfstream Natural Gas System, L.L.C.
    Description: NAESB Copyright Waiver to be effective 3/4/2013.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5128.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-508-000.
    Applicants: Maritimes & Northeast Pipeline, L.L.C.
    Description: NAESB Copyright Waiver to be effective 3/4/2013.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5138.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-509-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: 01/31/13 Negotiated Rates--Barclays (RTS)--7055-35 &
38 to be effective 2/1/2013.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5141.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-510-000.
    Applicants: Ozark Gas Transmission, L.L.C.
    Description: NAESB Copyright Waiver to be effective 3/4/2013.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5144.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-511-000.
    Applicants: Great Lakes Gas Transmission Limited Par.
    Description: Great Lakes Gas Transmission Limited Partnership
Transporter's Use Report.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5145.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-512-000.
    Applicants: Saltville Gas Storage Company L.L.C.
    Description: NAESB Copyright Waiver to be effective 3/4/2013.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5151.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-513-000.

    Applicants: Steckman Ridge, LP.
    Description: NAESB Copyright Waiver to be effective 3/4/2013.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5163
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-514-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Texas Eastern Transmission, LP submits tariff filing
per 154.204: NAESB Copyright Waiver to be effective 3/4/2013.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5174.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-515-000.
    Applicants: Southeast Supply Header, LLC.
    Description: NAESB Copyright Waiver to be effective 3/4/2013.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5191.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-516-000.
    Applicants: Big Sandy Pipeline, LLC.
    Description: Big Sandy Fuel Filing effective 3-1-13.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5209.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-517-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: ConocoPhillips 2-1-2013 Negotiated Rate to be
effective 2/1/2013.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5220.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-518-000.
    Applicants: Central New York Oil and Gas, L.L.C.
    Description: Central New York Oil and Gas Company, LLC--Restoration
of Accepted Tari--Clone to be effective 12/1/2012.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5257.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-519-000.
    Applicants: Gas Transmission Northwest LLC.
    Description: Gas Transmission Northwest LLC Annual Report on
Deferred Revenue Recovery Mechanism and Revenue Reconciliation for the
Medford Lateral.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5280.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-520-000.
    Applicants: Great Lakes Gas Transmission Limited Par.
    Description: Michigan Consolidated FT Agmts to be effective 3/4/
2013.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5289.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-521-000.
    Applicants: ANR Pipeline Company.
    Description: 16 Non-Conforming Agreements to be effective 3/4/2013.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5330.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-522-000.
    Applicants: Dominion Transmission, Inc.
    Description: DTI--January 31, 2013 Negotiated Rate Agreements to be
effective 2/1/2013.
    Filed Date: 1/31/13.
    Accession Number: 20130131-5352.
    Comments Due: 5 p.m. ET 2/12/13.

    Docket Numbers: RP13-523-000.
    Applicants: Equitrans, L.P.
    Description: Revised Negotiated Rate Service Agreement--Rice
Drilling B LLC to be effective 2/1/2013.
    Filed Date: 2/1/13.
    Accession Number: 20130201-5034.
    Comments Due: 5 p.m. ET 2/13/13.

    Docket Numbers: RP13-524-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Non-conforming Agreements Cleanup Filing--Feb 2013 to
be effective 3/4/2013.
    Filed Date: 2/1/13.
    Accession Number: 20130201-5041.
    Comments Due: 5 p.m. ET 2/13/13.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service can be found at:
http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other
information, call<PHONE_NUMBER> (toll free). For TTY, call (202) 502-
8659.

    Dated: February 1, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-03013 Filed 2-8-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Rules and Regulations]
[Pages 43087-43089]
[FR Doc No: 2021-16813]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0146]
RIN 1625-AA08

Special Local Regulation; Delaware Bay, Lower Township, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a special local regulation for
certain navigable waters of the Delaware Bay. This action is necessary
to provide safety of life on these navigable waters near Lower
Township, NJ, during a swimming competition on August 29, 2021. This
regulation prohibits persons and vessels from entering, transiting, or
remaining within the regulated area unless authorized by the Captain of
the Port Delaware Bay or a designated representative.

DATES: This rule is effective from 6:30 a.m. through 9:30 a.m. on
August 29, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0146 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Jennifer Padilla, U.S. Coast Guard, Sector
Delaware Bay, Waterways Management Division; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good

cause finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule because it is
impracticable and contrary to the public interest to do so. Notice to
the Coast Guard did not provide sufficient time to allow for a
reasonable comment period prior to the event. The rule must be in force
by August 29, 2021. We are taking immediate action to ensure the safety
of spectators and the general public from hazards associated with a
large number of persons participating in a swimming competition.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Delaware Bay (COTP) has determined that
potential hazards associated with the swimming competition will be a
safety concern due to vessel traffic operating in proximity to a large
number of swimmers. This rule is needed to protect personnel, vessels,
and the public within the regulated area during the swimming
competition.

IV. Discussion of the Rule

    This rule establishes a special local regulation on all navigable
waters of the Delaware Bay in Lower Township, NJ, bounded by a line
drawn from: Latitude 39[deg]0'57'' N, longitude 074[deg]56'56'' W in
Villas, NJ, thence west to latitude 39[deg]00'59'' N, longitude
074[deg]57'15'' W, thence south to latitude 38[deg]58'08'' N, longitude
074[deg]58'11'' W, thence east to latitude 38[deg]58'04'' N, longitude
074[deg]57'54'' W in North Cape May, NJ, thence north along the
shoreline to the point of origin. The rule will be enforced from 6:30
a.m. to 9:30 a.m. on August 29, 2021. No person or vessel will be
permitted to enter, transit through, anchor in, or remain within the
regulated area without obtaining permission from the COTP Delaware Bay
or a designated representative. If authorization to enter, transit
through, anchor in, or remain within the regulated area is granted by
the COTP Delaware Bay or a designated representative, all persons and
vessels receiving such authorization must comply with the instructions
of the COTP Delaware Bay or a designated representative. The Coast
Guard will provide public notice of the regulated area by Broadcast
Notice to Mariners and by on-scene actual notice from designated
representatives.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on size, time of day,
and duration of the regulated area, which would impact a small
designated area of the Delaware Bay for three and one half hours. The
regulated area does not include any marinas, piers, or other areas used
to launch vessels. The Coast Guard will issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the status of the regulated
area. This regulatory action determination is based on the following
considerations: (1) Vessel traffic will be able to safely transit
around this safety zone which would impact a small designated area of a
Lower Township, NJ, for three and a half hours during the event; (2)
persons and vessels will still be able to enter, transit through,
anchor in, or remain within the regulated area if authorized by the
COTP Delaware Bay or a designated representative; and (3) the Coast
Guard will provide advance notification of the safety zone to the local
maritime community by Broadcast Notice to Mariners, or by on-scene
actual notice from designated representatives.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
V above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination

with Indian Tribal Governments, because it does not have a substantial
direct effect on one or more Indian tribes, on the relationship between
the Federal Government and Indian tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
special local regulation that will prohibit persons and vessels from
entering, transiting through, anchoring in, or remaining within a
limited area on the navigable water on a portion of the Delaware Bay in
Lower Township, NJ, during a swimmimg competition lasting approximately
three and one half hours. It is categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-

0
2. Add Sec.  100.T05-0146 to read as follows:

Sec.  100.T05-0146;  Special Local Regulation; Delaware Bay, Lower
Township, NJ.

    (a) Location. The following location is a regulated area. All
navigable waters of the Delaware Bay in Lower Township, NJ, bounded by
a line drawn from: Latitude 39[deg]0'57'' N, longitude 074[deg]56'56''
W in Villas, NJ, thence west to latitude 39[deg]00'59'' N, longitude
074[deg]57'15'' W, thence south to latitude 38[deg]58'08'' N, longitude
074[deg]58'11'' W, thence east to latitude 38[deg]58'04'' N, longitude
074[deg]57'54'' W in North Cape May, NJ, thence north along the
shoreline to the point of origin.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard petty
officer, warrant or commissioned officer on board a Coast Guard vessel
or on board a federal, state, or local law enforcement vessel assisting
the Captain of the Port (COTP), Delaware Bay in the enforcement of the
regulated area.
    (c) Regulations. (1) The COTP Delaware Bay or a designated
representative may forbid and control movement of all vessels and
persons, including event participants, in the regulated area. When
hailed or signaled by an official patrol, a vessel or person in the
regulated area shall immediately comply with the directions given by
the patrol. Failure to do so may result in the Coast Guard expelling
the person or vessel from the area, issuing a citation for failure to
comply, or both. The COTP Delaware Bay or a designated representative
may terminate the event, or a participant's operations at any time the
COTP Delaware Bay or designated representative believes it necessary to
do so for the protection of life or property.
    (2) To seek permission to enter or remain in the regulated area,
contact the COTP or the COTP's representative via VHF-FM channel 16 or
215-271-4807. Those in the regulated area must comply with all lawful
orders or directions given to them by the COTP or the COTP's designated
representative.
    (3) This section applies to all vessels except those engaged in law
enforcement, aids to navigation servicing, and emergency response
operations.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the regulated area by Federal, State, and local
agencies.
    (e) Enforcement period. This zone will be enforced from 6:30 a.m.
through 9:30 a.m. on August 29, 2021.

    Dated: August 3, 2021.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2021-16813 Filed 8-5-21; 8:45 am]
BILLING CODE 9110-04-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

								Served: August 5, 2004

NOTICE

U.S.-China Charter Flights

By this Notice we notify U.S. carriers of procedures to distribute the
newly available charter opportunities between the United States and the
People’s Republic of China (PRC).

On June 18, 2004, the United States and the People’s Republic of China
initialed a protocol amending the U.S.-PRC aviation agreement.  The
amended agreement greatly expands the opportunities for the air carriers
of both countries, including the opportunities for charters.  In this
regard, (among other things) under the new agreement, each Party shall
approve applications by the airlines of the other Party for 75 one-way
charter flights annually from August 1 of each year, between points in
China Zone 1 and  U.S. points on city pairs served by Chinese
carriers’ scheduled services of the same type (combination or
all-cargo) as the proposed charter flight, and 75 one-way charter
flights annually from August 1 of each year, between points in China
Zone 2 and U.S. points on city pairs served by Chinese carriers’
scheduled services of the same type (combination or all-cargo) as the
proposed charter flight.  These rights are available August 1, 2004,
under the terms of the agreement.

By Notice dated July 16, 2004, we granted Kalitta Air’s request for 29
charter flights in China Zone 1 for services in the Shanghai-Chicago
market.  In awarding this authority to Kalitta, we stated that “we
intend, on an expedited basis, to address by subsequent separate action
the question of procedures for allocating the remaining numerically
limited charter opportunities available.”

We find that the public interest warrants our placing the remaining 46
charters for Zone 1, and the 75 charters for Zone 2, into a charter pool
for distribution on a first-come, first-

											2

served basis, consistent with procedures we have used in other similar
markets with limited charter opportunities.  The late summer/autumn is
the peak season for U.S.-China cargo traffic, and U.S. carriers
interested in operating the remaining available charters should be
accorded as much time as possible, with as little procedural delay as
possible, to be able to plan and implement their services.  Thus, in
order for U.S. carriers to make immediate use of these valuable rights,
we have, as noted above, structured the procedures for this charter year
to be similar to those that we have used for charter pools in other
limited charter markets.  The carriers are familiar with those
procedures and can thus use them without delay.

Under the first-come, first-served procedures, as soon as arrangements
are firm for operating a charter flight to or from China that is subject
to the numerical limitation, carriers should so advise the U.S. Air
Carrier Licensing Division (X-44), Office of

International Aviation, 400 Seventh Street, SW, Washington, DC 20590.
We will provide the carrier with a Notice of Consistency acknowledging
its right to perform the

charter operation.  Applications must identify the type of charter
(passenger or cargo); the date of each one-way flight; the charterer(s);
the city-pair markets; whether the requested charters fall within China
Zone 1 or China Zone 2 (applicants should also identify the specific
Chinese carrier scheduled services associated with the Zone 1 or Zone 2
determination); the type of aircraft to be used; the type of cargo
transported (for cargo charters); and a statement affirming that the
carrier has firm plans to use the charters.  Applicants may request
confidentiality under Rule 12 of our procedural regulations (14 CFR
302.12).  Carriers receiving a Notice of Consistency shall, in writing,
return to the U.S. Air Carrier Licensing Division immediately any
flight(s) that they will not use.

Applicants should be aware that the information requested here does not
relieve U.S. carriers of their obligation to file a separate
notification of proposed charter flights with the Chinese authorities.
In notifying the Chinese authorities, U.S. carriers should also submit a
copy of the Notice of Consistency showing Departmental approval of the
charter flights.

U.S. carriers holding scheduled combination or all-cargo authority in
the U.S.-China market will not be eligible applicants until the last two
months of the charter year when the pool will be available to all
carriers with no restrictions.  It has been our general policy where
charter opportunities are limited to reserve the available flights for
carriers that have no other access to the market.  We have made
exceptions to this policy only 											3

where there are special needs for cargo shipments (such as livestock
charters) that could

not be accommodated by scheduled services.  Should such special needs
arise, we would be prepared to consider them on a case-by-case basis.

In terms of reporting, each U.S. carrier granted U.S.-China charters is
to report, in writing, to the U.S. Air Carrier Licensing Division, on
its operations for the preceding month by the tenth day of each month.

We will also impose the reporting and return requirements established
above on the 29 charters awarded to Kalitta Air by Notice of Action
Taken dated July 16, 2004.

The Director of the Office of International Aviation is assigned the
authority to administer distribution of flights from the charter pool
for this and subsequent charter years, and, where deemed in the public
interest, to waive the restrictions on the charter pool.

Given our interest in deriving maximum benefit for U.S. carriers,
travelers, and shippers, we seek to assure that Notices of Consistency
are given to direct air carriers for flights actually to be operated.
To this end, the Department reserves the right to require operating
carriers to produce contracts or other additional information about the
flights they propose to operate.

We will serve this notice on all U.S. certificated air carriers.

By:

KARAN K. BHATIA

Assistant Secretary

for Aviation and International Affairs

Dated: August 5, 2004

(SEAL)

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

SERVICE LIST

Marshall S Sinick			Joanne Young/David Kirstein	Carl Nelson Jr

Alaska Airlines			North American, World Airways,	American Airlines &

Aloha Airlines			   & America West		TWA LLC

Florida West			Baker & Hostetler, Suite 1100	Suite #600

Suite 500			1050 Connecticut Ave NW	1101 17th Street NW

1201 Pennsylvania Ave NW	Washington DC 20036		Washington DC 20036

Washington DC 20004

Brian T Hunt			Aaron Goerlich			Robert E. Cohn

American Trans Air		Sunworld International		Delta Air Lines

7337 West Washington St		Garafalo, Goerlich, Hainbach	Midway Air Lines

Indianapolis IN 46251		1200 New Hampshire Ave NW	Shaw Pittman

	Washington DC 20036		2300 N Street NW

								Washington DC 20037

Ed Faberman			R Bruce Keiner Jr		Lorraine Halloway

MN Airlines			Continental Airlines		Continental Micronesia/

Ungaretti & Harris		Crowell & Moring		Air Micronesia

1500 K Street NW #250		1001 Pennsylvania Ave NW	1001 Pennsylvania Ave NW

Washington DC 20005		Washington DC 20004		Washington DC 20004

Jonathan B Hill			Jeffrey Manley			Howard Kass

Hawaiian Airlines		United Air Lines 			US Airways

Dow Lohnes & Albertson		Wilmer Cutler Pickering		2345 Crystal Drive

Suite 800			   Hale and Dorr LLP		Arlington, VA 22227

1200 New Hampshire NW		2445 M Street NW

Washington DC 20036		Washington DC 20037-1420

Nathaniel Breed			Megan Rosia 			Robert P Silverberg

Pan American Airways		Northwest Airlines Inc.		ABX Air, Kitty Hawk

Zuckert Scoutt & Rasenberger	901 15th Street NW #310		  & Midwest
Airlines

888 Seventeenth Street NW	Washington DC 20005		Silverberg Goldman

Washington DC 20006-3309					  & Bikoff

						1101 30th Street NW

						Washington DC  20007

Gary Garafalo			David E Vaughan			Kevin Montgomery

Air Transport Intl			United Parcel Service		Polar Air Cargo

1200 New Hampshire Ave NW	Kelley Drye & Warren		1747 Pennsylvania Ave NW

Washington DC 20036		1200 19th St NW #500		Suite 875

		Washington DC 20036		Washington DC 20006

Steve Lachter			John L Richardson		Russ Pommer

ASTAR Air Cargo		Amerijet International		Atlas Air

1150 Connecticut Av NW		John L Richardson PLLC		1747 Pennsylvania Ave NW

Washington DC 20036		1156 15TH St NW #1105		Suite 875

				Washington DC 20005		Washington DC 20006

									Service page 2

Tom Lydon	 		Moffett Roller			Mark W Atwood       .

Evergreen International		Gemini Air Cargo		Custom Air Transport &

1401 New York Ave NW		Roller & Bauer			   Kalitta Air

Washington DC 20005-2147	1020 19th St NW #400		Sher & Blackwell

		Washington DC 20036		1850 M Street NW #900

						Washington DC  20036

Nancy Sparks			Stephen Alterman		Lawrence Wasko

Federal Express			Northern Air Cargo & Horizon	Arrow Air

1101 Pennsylvania Ave NW	Meyers & Alterman		1150 Connecticut Ave NW

Washington DC 20004		1220 19th Street NW		Washington DC  20036

				Washington DC 20036-2438

Pierre Murphy			Air Transport Association		National Air Carrier Assn.
Brendan Airways				International Department		1000 Wilson Blvd

d/b/a USA3000			Suite 1100			Suite 1700

1200 New Hampshire NW		1301 Pennsylvania Ave NW	Arlington, VA 22209

Washington DC 20036		Washington DC 20004-1707

 China Zone 1 consists of Shanghai, Beijing, and Guangzhou.

 China Zone 2 consists of Anhui, Fujian, Guangdong (except Guangzhou),
Hebei, Henan, Hubei, Hunan, Jiangsu, Jiangxi, Shandong, Shanxi, Tianjin,
and Zhejiang.

 An electronic version of this Notice is available on the World Wide Web
at: http://dms.dot.gov//reports/reports_aviation.asp.

 Notice, at 2.  Subsequent to this action, by letters dated July 23 and
July 26, Polar Air Cargo and Kalitta Air each requested an allocation of
U.S.-China cargo charters in China Zone 1.  Evergreen and Kalitta filed
answers to Polar’s request, and Polar filed a reply.  We will address
these requests by subsequent separate actions under the procedures set
forth in this Notice.

 See Orders 98-4-19 and 98-6-14 (Brazil) and Orders 92-6-32 and 92-9-21
(Japan).

 Because of security procedures in place at DOT involving incoming mail,
we urge carriers to send these requests by fax to<PHONE_NUMBER> or
202-366-3694.

 This notification must be received within two business days of the
carrier’s determination that an allocated flight or flights will not
operate.

 We will post an electronic version of the Notice of Consistency on the
World Wide Web at: http://dms.dot.gov//reports/reports_aviation.asp.

 See, e.g., Order 98-4-19.


[Federal Register Volume 77, Number 118 (Tuesday, June 19, 2012)]
[Proposed Rules]
[Pages 36419-36423]
[FR Doc No: 2012-14473]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 120426028-1028-01]
RIN 0694-AF68

Feasibility of Enumerating ``Specially Designed'' Components

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Advanced notice of proposed rulemaking (ANPRM).

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

SUMMARY: As part of the President's Export Control Reform (ECR)
Initiative, this ANPRM requests comments on the feasibility of
positively identifying ``specially designed'' ``components'' on the
Commerce Control List (CCL) so as to decrease the use of the term,
which appears extensively throughout the CCL,

and thereby facilitate enhanced public compliance with the Export
Administration Regulations. Specifically, the Bureau of Industry and
Security (BIS) is evaluating whether it is feasible to create
exhaustive lists of the ``specially designed'' ``components'' referred
to in certain Export Control Classification Numbers on the CCL that
currently use ``specially designed'' catch-all paragraphs, and seeks
public input to assist in this evaluation. If BIS ultimately determines
that such lists might be beneficial, it intends to submit these
findings to the appropriate multilateral export control regimes in the
normal course of list proposal changes. The request for comments in
this ANPRM is part of Commerce's retrospective plan under EO 13563
completed in August 2011. Commerce's full plan can be accessed at:
http://open.commerce.gov/news/2011/08/23/commerce-plan-retrospective-analysis-existing-rules.

DATES: Comments must be received by BIS no later than September 17,
2012.

ADDRESSES: Comments on this advanced notice of proposed rulemaking may
be submitted to the Federal rulemaking portal (www.regulations.gov).
The regulations.gov ID for this rule is: BIS-2012-0022. Written
comments on this advanced notice of proposed rulemaking may also be
submitted via email to<EMAIL_ADDRESS>or on paper to
Regulatory Policy Division, Bureau of Industry and Security, Room
2099B, U.S. Department of Commerce, 14th St. and Pennsylvania Ave. NW.,
Washington, DC 20230. Please refer to RIN 0694-AF68 in all comments and
in the subject line of email comments. All comments must be in writing.
All comments (including any personal identifiable information) will be
available for public inspection and copying. Those wishing to comment
anonymously may do so by submitting their comment via regulations.gov
and leaving the fields for identifying information blank.

FOR FURTHER INFORMATION CONTACT: Timothy Mooney, Regulatory Policy
Division, Bureau of Industry and Security, Department of Commerce,
Phone:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION

Background

    This ANPRM requests comments on a longer-term project involving
minimizing the use of the term ``specially designed'' on the current
Commerce Control List (CCL) by specifically identifying ``components.''
Specifically listing ``components,'' with multilateral agreement where
appropriate, would make the CCL a more positive list.
    As part of the implementation of the Export Control Reform (ECR)
Initiative, the Departments of Commerce and State published rules that
proposed, as much as possible, a common definition of the term
``specially designed.'' A common definition of ``specially designed''
would protect and enhance U.S. national security interests because the
term ``specially designed'' would be used in the ``600 series'' that
would be created to control United States Munitions List (USML) items
moved to the CCL. In addition, the term ``specially designed'' is used
widely on the current CCL.
    The request for comments in this ANPRM is part of Commerce's
retrospective plan under EO 13563 completed in August 2011. Commerce's
full plan can be accessed at: http://open.commerce.gov/news/2011/08/23/commerce-plan-retrospective-analysis-existing-rules.

Request for Comments on the Feasibility of Enumerating ``Specially
Designed'' ``Components''

    This ANPRM requests comments on the use of the term ``specially
designed'' when applied to ``components'' outside of the ``600 series''
on the CCL. Specifically, the Bureau of Industry and Security is
evaluating whether it is feasible to create exhaustive lists of the
``specially designed'' ``components'' in certain Export Control
Classification Numbers on the CCL that currently use ``specially
designed'' catch-all paragraphs. BIS does not believe a similar
approach is needed for ``parts'' controlled on the CCL, but BIS also
requests public comments regarding whether a similar approach should
also be evaluated for ``parts'' controlled on the CCL.
    Ultimately, any changes to multilaterally-controlled CCL entries
would be made in cooperation with the multilateral export control
regimes. This longer-term project may result eventually in a reduction
in the use of the term ``specially designed'' outside of the ``600
series'' on the CCL if exhaustive lists of such ``components'' can be
identified and specified. To assist the public, BIS has identified the
set of ECCN entries that are the best candidates for taking this
approach.
    Most of the public comments and concerns about the July 15 proposed
``specially designed'' definition included in the rule, Proposed
Revisions to the Export Administration Regulations (EAR): Control of
Items the President Determines No Longer Warrant Control Under the
United States Munitions List (USML) (76 FR 41958) revolved around
references in the application of the definition to existing CCL
controls on ``components'' ``specially designed'' for a particular
``end item'' or purpose. Minimizing use of the term ``specially
designed'' by specifically listing controlled ``components'' may
address some of these concerns.
    As described below, BIS parsed the CCL and removed all text that
does not directly describe controls on ``components'' ``specially
designed'' for an end item or purpose. To make the analysis easier and
more relevant to the proposed definition of ``specially designed,'' BIS
has not included in this ANPRM references to such controls in ECCNs
that are controlled for only anti-terrorism reasons, because the number
of circumstances where a licensing determination would be affected by
whether a component is EAR99 or AT-only controlled is relatively small.
    BIS has also not included in this ANPRM the ECCNs where a component
is solely or primarily controlled for Missile Technology (MT) reasons
or where the MT controls overlap other controls, such as National
Security (NS) controls. Because the EAR has adopted the Missile
Technology Control Regime's definition of the term for such controls,
BIS needs to further evaluate whether those ECCNs controlled for MT
reasons would also be good candidates for specifically identifying
``components.'' In responding to this ANPRM, the public may also submit
comments regarding whether they believe a similar approach would also
be feasible for items controlled for MT reasons, which BIS will factor
into the evaluation for the scope of this review project going forward.
    Unlike the USML, the CCL does not contain a broad catch-all control
on essentially all ``components'' ``specially designed'' for any other
item identified on the CCL. You must carefully read each heading and
each subparagraph. Some catch-all controls are in the heading and apply
by reference to all items described in the subparagraphs, such as in
ECCN 3B001. Other headings merely refer to the fact that some of the
subparagraphs contain catch-all controls ``as follows,'' such as ECCN
2B001 where only its subparagraph ``f'' contains controls on
``specially designed'' ``components.'' (The fact that a ``specially
designed'' ``component'' control exists in some of an ECCN's
subparagraphs means, by negative implication, that such controls do not
exist in the other subparagraphs in the

same ECCN.) Some ECCN headings do not refer to catch-all controls but
individual subparagraphs do, such as in ECCN 8A002.a. Some ECCNs refer
to specific types of ``components'' ``specially designed'' for other
items in that ECCN, such as 2B005, which limits its ``component''
controls to ``specially designed automated handling, positioning,
manipulation and control components.''
    Finally, a few ECCNs, such as 3A292, contain a specific, positive
list of the types of components that are within the scope of that
ECCN's controls on ``specially designed'' ``components.'' Specifically,
3A292 contains a ``note'' stating that ``[s]pecially designed
components controlled by this item are the following, for analog
oscilloscopes: 1. Plug-in units; 2. External amplifiers; 3. Pre-
amplifiers; 4. Sampling devices; 5. Cathode ray tubes.'' Thus, only
those particularly identified components are controlled in that ECCN.
Another example is ECCN 6A002. ECCN 6A002.a.2 controls ``components''
``specially designed'' for ``image intensifier tubes'' described in
ECCN 6A002.a.2.a. These components are described in three subparagraphs
that specify the specially designed components under paragraph a.2.b,
as follows: 1. Microchannel plates having a hole pitch (center-to-
center spacing) of 12 [micro]m or less; 2. GaAs or GaInAs
photocathodes; and 3. Other III-V compound semiconductor photocathodes.
To further refine what are considered specially designed components, a
``note'' specifies that ``6A002.a.2.b.3 does not control compound
semiconductor photocathodes with a maximum radiant sensitivity of 10
mA/W or less.''

Request for Comments

    BIS seeks the advice and suggestions of the public regarding
whether identifying the specific types of ``components'' controlled by
the ECCNs identified below would be of assistance to exporters. If so,
BIS requests public comment regarding the ``components'' that should be
identified in a positive list within the scope of the ``specially
designed'' controls of the ECCNs identified below. In addition to the
ECCNs identified below, the public may also submit public comments on
other ``specially designed'' ``component'' references on the CCL where
the public believes a similar approach of identifying the specific
types of ``components'' would be feasible. If a list of such components
could be created, the United States could consider developing proposals
for the relevant multilateral export control regimes to control only
those ``components'' within the scope of the relevant ECCNs. BIS does
not believe a similar approach is needed for ``parts'' controlled on
the CCL, but BIS also requests public comments regarding whether a
similar approach should also be evaluated for ``parts'' controlled on
the CCL.
    BIS is particularly interested in comments from those with
technical expertise related to or experience with classifying items
identified below to provide advice on those items. The identified
``components'' should be those that have specific performance
parameters or functions which make them particularly suitable for use
in the controlled items. They should also include those ``components''
that are the essence of the controlled end item.

CCL Entries Where the U.S. Government Is Evaluating the Feasibility of
Enumerating ``Specially Designed'' ``Components''

    In the following list, BIS identifies ECCNs containing a control on
a generic ``component'' ``specially designed'' for another item. The
list does not include any references to any explanatory notes that may
be germane to classifying an item against the ECCN. Thus, when
preparing your suggested positive list of components for BIS to
consider inserting into the ECCN, please read the whole ECCN for
context.
    For purposes of this ANPRM, BIS is using the definition of
``component'' from the July 15 proposed rule, as follows:
    ``Component.'' This is an item that is useful only when used in
conjunction with an ``end item.'' Components are also commonly referred
to as assemblies. For purposes of this definition an assembly and a
component are the same. There are two types of ``components'': ``Major
components'' and ``minor components.'' A ``major component'' includes
any assembled element which forms a portion of an ``end item'' without
which the end item is inoperable. For example, for an automobile,
components will include the engine, transmission, and battery. If you
do not have all those items, the automobile will not function, or
function as effectively. A ``minor component'' includes any assembled
element of a ``major component.'' ``Components'' consist of `parts.' ''
References in the CCL to ``components'' include both ``major
components'' and ``minor components.''

List of ECCN ``Specially Designed'' Paragraphs

    1. ECCN 1A004.a controls ``components'' ``specially designed'' for
``gas masks, filter canisters and decontamination equipment therefor,
designed or modified for defense against'' (1) ``biological agents
`adapted for use in war;' '' (2) ``radioactive materials `adapted for
use in war;' '' (3) ``chemical warfare (CW) agents;'' or (4) specific
``riot control agents'' listed in ECCN 1A004.a.4.
    2. ECCN 1A004.c controls ``components'' ``specially designed'' for
``[d]etection systems, specially designed or modified for detection or
identification of'' (1) ``[b]iological agents `adapted for use in war;'
'' (2) ``[r]adioactive materials `adapted for use in war;' '' or (3)
``[c]hemical warfare (CW) agents.''
    3. ECCN 1A006 controls ``components'' ``specially designed'' for
``remotely operated vehicles'' and ``disruptors'' ``specially designed
or modified for the disposal of improvised explosive devices.''
    4. ECCN 1A008.b controls ``components'' ``specially designed'' for
``linear shaped cutting charges'' that have ``an explosive load greater
than 40 g/m'' and ``a width of 10 mm or more.''
    5. ECCN 1B001.e controls ``components'' ``specially designed'' for
``[e]quipment for producing prepregs controlled by 1C010.e by the hot
melt method.''
    6. ECCN 1B001.f controls ``components'' ``specially designed'' for
``[n]on-destructive inspection equipment specially designed for
`composite' materials'' as described in ECCN 1B001.f.1 and f.2.
    7. ECCN 1B003.c controls ``components'' ``specially designed'' for
``[t]ools, dies, molds or fixtures, for `superplastic forming' or
`diffusion bonding' titanium, aluminum or their alloys, specially
designed for the manufacture of'' ``airframe or aerospace structures''
or ``aerospace engines.''
    8. ECCN 2B003 controls ``components'' ``specially designed'' for `
``[n]umerically controlled' or manual machine tools * * * specially
designed for the shaving, finishing, grinding or honing of hardened
(Rc = 40 or more) spur, helical and double-helical gears
with a pitch diameter exceeding 1,250 mm and a face width of 15% of
pitch diameter or larger finished to a quality of AGMA 14 or better
(equivalent to ISO 1328 class 3).''
    9. ECCN 3A001.c controls ``components'' ``specially designed'' for
``[a]coustic wave devices'' that have any of the characteristics
described in 3A001.c.1.a., c.1.b., c.1.c, c.2 or c.3.

    10. ECCN 3A003 controls ``components'' ``specially designed'' for
``[s]pray cooling thermal management systems employing closed loop
fluid handling and reconditioning equipment in a sealed enclosure where
a dielectric fluid is sprayed onto electronic components using
specially designed spray nozzles that are designed to maintain
electronic components within their operating temperature range.''
    11. ECCN 3A292.d controls ``components'' ``specially designed'' for
``[d]igital oscilloscopes and transient recorders, using analog-to-
digital conversion techniques, capable of storing transients by
sequentially sampling single-shot inputs at successive intervals of
less than 1 ns (greater than 1 giga-sample per second), digitizing to 8
bits or greater resolution and storing 256 or more samples.''
    12. ECCN 3B001.a controls ``components'' ``specially designed'' for
``equipment designed for epitaxial growth as follows:'' (1)
``[e]quipment capable of producing a layer of any material other than
silicon with a thickness uniform to less than 2.5% across a
distance of 75 mm or more;'' (2) ``Metal Organic Chemical Vapor
Deposition (MOCVD) reactors specially designed for compound
semiconductor crystal growth by the chemical reaction between materials
controlled by 3C003 or 3C004;'' or (3) ``[m]olecular beam epitaxial
growth equipment using gas or solid sources.''
    13. ECCN 3B001.b. controls ``components'' ``specially designed''
for ``[e]quipment designed for ion implantation and having any of the
following:'' (1) ``[a] beam energy (accelerating voltage) exceeding
1MeV;'' (2) ``[b]eing specially designed and optimized to operate at a
beam energy (accelerating voltage) of less than 2 keV;'' (3) ``[d]irect
write capability;'' or (4) ``beam energy of 65 keV or more and a beam
current of 45 mA or more for high energy oxygen implant into a heated
semiconductor material `substrate.' ''
    14. ECCN 3B001.c. controls ``components'' ``specially designed''
for ``[a]nisotropic plasma dry etching equipment'' having all the
following: (1) ``[d]esigned or optimized to produce critical dimensions
of 65 nm or less;'' and (2) ``[w]ithin wafer non-uniformity equal to or
less than 10% 3[sigma] measured with an edge exclusion of 2 mm or
less.''
    15. ECCN 3B001.e controls ``components'' ``specially designed'' for
``[a]utomatic loading multi-chamber central wafer handling systems''
having (1) ``[i]nterfaces for wafer input and output, to which more
than two functionally different `semiconductor process tools'
controlled by 3B001.a, 3B001.b, 3B001.c or 3B001.d are designed to be
connected;'' and (2) ``[d]esigned to form an integrated system in a
vacuum environment for `sequential multiple wafer processing.' ''
    16. ECCN 3B001.f.1 controls ``components'' ``specially designed''
for ``[l]ithography equipment'' that ``[a]lign[s] and expose[s] step
and repeat (direct step on wafer) or step and scan (scanner) equipment
for wafer processing using photo-optical or X-ray methods and having''
any of the following (a) ``light source wavelength shorter than 245
nm;'' or (b) ``[c]apable of producing a pattern with a `Minimum
Resolvable Feature size' (MRF) of 95 nm or less.''
    17. ECCN 3B001.f.2 controls ``components'' ``specially designed''
for ``[i]mprint lithography equipment capable of production features of
95 nm or less'' described in ECCN 3B001.f.2.
    18. ECCN 3B001.f.3 controls ``components'' ``specially designed''
for ``[e]quipment specially designed for mask making or semiconductor
device processing using direct writing methods, having'' all the
characteristics described in ECCN 3B001.f.3.a. and any of the
characteristics described in .b.
    19. ECCN 3B002 controls ``components'' ``specially designed'' for
``[t]est equipment specially designed for testing finished or
unfinished semiconductor devices as follows * * *'' (1) ``[f]or testing
S-parameters of transistor devices at frequencies exceeding 31.8 GHz;''
or (2) ``[f]or testing microwave integrated circuits controlled by
3A001.b.2.''
    20. ECCN 4A003.c controls `` `[e]lectronic assemblies' specially
designed or modified to be capable of enhancing performance by
aggregation of processors so that the `APP' of the aggregation exceeds
the limit in 4A003.b.''
    21. ECCN 4A003.e controls ``components'' ``specially designed'' for
``[e]quipment performing analog-to-digital conversions exceeding the
limits in 3A001.a.5.''
    22. ECCN 4A003.g controls ``components'' ``specially designed'' for
``[e]quipment specially designed for aggregating the performance of
`digital computers' by providing external interconnections which allow
communications at unidirectonal data rates exceeding 2.0 Gbyte/s per
link.''
    23. ECCN 4A004 controls ``components'' ``specially designed'' for
(a) ``[s]ystolic array computers;'' (b) ``[n]eural computers;'' and (c)
``[o]ptical computers.''
    24. ECCN 5A001.b controls ``components'' ``specially designed'' for
``telecommunication systems and equipment, having any of
``characteristics, functions or features'' described in ECCN 5A001.b.1,
b.2, b.3, b.4, b.5, or b.6.
    25. ECCN 5A001.e controls ``components'' ``specially designed'' for
radio direction finding equipment operating at frequencies above 30 MHz
and having (1) `` `instantaneous bandwidth' of 10 MHz or more;'' and
(2) ``capable of finding a Line Of Bearing (LOB) to non-cooperating
radio transmitters with a signal duration of less than 1 ms.''
    26. ECCN 5A001.f controls ``components'' ``specially designed'' for
``[j]amming equipment specially designed or modified to intentionally
and selectively interfere with, deny, inhibit, degrade or seduce mobile
telecommunication services and'' (1) ``simulate the functions of Radio
Access Network (RAN) equipment;'' (2) ``detect and exploit specific
characteristics of the mobile telecommunications protocol employed
(e.g., GSM);'' or (3) ``exploit specific characteristics of the mobile
telecommunications protocol employed (e.g., GSM).''
    27. ECCN 5B001.a controls ``components'' ``specially designed'' for
``equipment * * * specially designed for the `development',
`production' or `use' of equipment, functions or features, controlled
by 5A001.''
    28. ECCN 5B001.b controls ``components'' ``specially designed'' for
``equipment * * * specially designed for the `development' of any of
the following telecommunication transmission or switching equipment''
``employing a `laser' '' and (a) having ``a transmission wavelength
exceeding 1750 nm;'' (b) ``performing `optical amplification' using
Praseodymium-Doped Fluoride Fiber Amplifiers (PDFFA);'' (c) ``employing
coherent optical transmission or coherent optical detection techniques
(also called optical heterodyne or homodyne techniques);'' or (d)
``employing analog techniques and having a bandwidth exceeding 2.5
GHz.''
    29. ECCN 5B001.b also controls ``components'' ``specially
designed'' for ``equipment * * * specially designed for the
`development' of any of the following telecommunication transmission or
switching equipment'' (a) ``radio equipment employing Quadrature-
Amplitude-Modulation (QAM) techniques above level 256;'' or (b)
``equipment employing `common channel signaling' operating in non-
associated mode of operation.''

    30. ECCN 5A002.a controls ``components'' ``specially designed'' for
``systems, equipment, application specific `electronic assemblies',
modules and integrated circuits for `information security' '' if they
were also ``specially designed for `information security.' ''
    31. ECCN 6A001.a.1 controls ``components'' ``specially designed''
for ``marine acoustic systems'' that are within the scope of ECCN
6A001.a.1.a, a.1.b, a.1.c., a.1.d, or a.1.e.
    32. ECCN 6A001.a.2 controls ``components'' ``specially designed''
for ``passive systems'' described in 6A001.a.2.a, a.2.b, a.2.c., a.2.d,
a.2.e, or a.2.f.
    33. ECCN 6A004.a.1 controls ``components'' `` `specially designed'
for `deformable mirrors' having either continuous or multi-element
surfaces * * * capable of dynamically repositioning portions of the
surface of the mirror at rates exceeding 100 Hz.''
    34. ECCN 6A005.e.2. controls ``components'' (optical mirrors,
transmissive or partially transmissive optical or electro-optical
components) ``specially designed'' for use with controlled lasers.
    35. ECCN 6A203.a controls ``components'' ``specially designed'' for
``mechanical rotating mirror cameras'' that are (1) ``framing cameras
with recording rates greater than 225,000 frames per second;'' or (2)
``streak cameras with writing speeds greater than 0.5 mm per
microsecond.''
    36. ECCN 6A998.a controls ``components'' ``specially designed'' for
``airborne radar equipment, n.e.s.''
    37. ECCN 6A998.b controls ``components'' ``specially designed for
`` `space-qualified' `laser' radar or Light Detection and Ranging
(LIDAR) equipment specially designed for surveying or for
meteorological observation.''
    38. ECCN 7A008 controls ``components'' ``specially designed'' for
``underwater sonar navigation systems using Doppler velocity or
correlation velocity logs integrated with a heading source and having a
positioning accuracy of equal to or less (better) than 3% of distance
traveled `Circular Error Probable' (`CEP').''
    39. ECCN 8A002.a controls ``components'' ``specially designed'' for
``submersible vehicles and designed to operate at depths exceeding
1,000 m'' that have (1) ``pressure housings or pressure hulls with a
maximum inside chamber diameter exceeding 1.5 m,'' (2) ``direct current
propulsion motors or thrusters,'' (3) ``umbilical cables, and
connectors therefor, using optical fiber and having synthetic strength
members,'' and (4) ``components manufactured from material specified by
ECCN 8C001.''
    40. ECCN 9A002 controls ``components'' ``specially designed'' for
`` `marine gas turbine engines' with an ISO standard continuous power
rating of 24,245 kW or more and a specific fuel consumption not
exceeding 0.219 kg/kWh in the power range from 35 to 100%.''
    41. ECCN 9A003.a controls ``components'' and ``assemblies'' that
``incorporat[e] any of the `technologies' controlled by 9E003.a,
9E003.h or 9E003.i'' and were ``specially designed'' for gas turbine
engines ``controlled by ECCN 9A001.''
    42. ECCN 9A003.b controls ``components'' and ``assemblies'' that
``incorporat[e] any of the `technologies' controlled by 9E003.a,
9E003.h or 9E003.i'' and ``whose design or production origins are
either countries in Country Group D:1 or unknown to the manufacturer.''
    Comments should be submitted to BIS as described in the ADDRESSES
section of this notice by September 17, 2012.

    Dated: June 6, 2012.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2012-14473 Filed 6-15-12; 11:15 am]
BILLING CODE 3510-33-P