[Federal Register Volume 86, Number 61 (Thursday, April 1, 2021)]
[Rules and Regulations]
[Page 17061]
[FR Doc No: 2021-06677]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 207

[Docket No. FDA-2005-N-0464]
RIN 0910-AA49

Requirements for Foreign and Domestic Establishment Registration
and Listing for Human Drugs, Including Drugs That Are Regulated Under a
Biologics License Application, and Animal Drugs; Corrections

AGENCY: Food and Drug Administration, Department of Health and Human
Services (HHS).

ACTION: Final rule; correcting amendments.

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SUMMARY: On August 31, 2016, the Food and Drug Administration (FDA or
Agency) published an amended final rule that listed inaccurate cross-
references to FDA's drug establishment registration and drug listing
regulations. This document corrects the inaccurate cross-references
used in the final regulations.

DATES: This rule is effective April 1, 2021.

FOR FURTHER INFORMATION CONTACT: Florine Purdie, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6248, Silver Spring, MD 20993-0002, 301-
796-3521.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of October 31, 2016 (81 FR 60170), FDA
published the final rule entitled ``Requirements for Foreign and
Domestic Establishment Registration and Listing for Human Drugs,
Including Drugs That Are Regulated Under a Biologics License
Application, and Animal Drugs.'' That final rule amended current
regulations in part 207 (21 CFR part 207) concerning who must register
establishments and list human drugs, human drugs that are also
biological products, and animal drugs.

II. Description of the Technical Amendments

    FDA is amending its regulations in part 207 to correct inaccurate
cross-references used in the August 31, 2016, final rule. This document
amends the Agency's regulations in part 207 through minor technical
amendments to update references in Sec. Sec.  207.1, 207.3, 207.13,
207.49, and 207.53 (21 CFR 207.1, 207.3, 207.13, 207.49, and 207.53) by
replacing all cross-references to ``Sec.  207.1(b)'' with ``Sec.
207.1''.

III. Notice and Public Comment

    Publication of this document constitutes final action on these
changes under the Administrative Procedure Act (APA) (5 U.S.C. 553).
Section 553 of the APA exempts ``rules of agency organization,
procedure, or practice'' from proposed rulemaking (i.e., notice and
comment rulemaking) (5 U.S.C. 553(b)(3)(A)). Rules are also exempt when
an Agency finds ``good cause'' that notice and comment rulemaking
procedures would be ``impracticable, unnecessary, or contrary to the
public interest'' (5 U.S.C. 553(b)(3)(B).)
    FDA has determined that this rulemaking meets the notice and
comment exemption requirements in 5 U.S.C. 553(b)(3)(A) and (B). FDA's
revisions make only technical changes to correct inaccurate cross-
references. FDA does not believe public comment is necessary for these
minor revisions.
    The APA allows an effective date less than 30 days after
publication as ``provided by the agency for good cause and published
with the rule'' (5 U.S.C. 553(d)(3)). A delayed effective date is
unnecessary in this case because the amendments do not impose any new
regulatory requirements on affected parties. As a result, affected
parties do not need time to prepare before the rule takes effect.
Therefore, FDA finds good cause for the amendments to become effective
on the date of publication of this action.

List of Subjects in 21 CFR Part 207

    Drugs, Reporting and recordkeeping requirements.

    Therefore, under the Federal Food, Drug, and Cosmetic Act, 21 CFR
part 207 is amended as follows:

PART 207--REQUIREMENTS FOR FOREIGN AND DOMESTIC ESTABLISHMENT
REGISTRATION AND LISTING FOR HUMAN DRUGS, INCLUDING DRUGS THAT ARE
REGULATED UNDER A BIOLOGICS LICENSE APPLICATION, AND ANIMAL DRUGS,
AND THE NATIONAL DRUG CODE

0
1. The authority citation for part 207 continues to read as follows:

    Authority:  21 U.S.C. 321, 331, 351, 352, 355, 360, 360b, 371,
374, 381, 393; 42 U.S.C. 262, 264, 271.

Sec.  207.1   [Amended]

0
2. Amend Sec.  207.1 in the definition of Bulk drug substance by
removing ``Sec.  207.1(b)'' and adding in its place ``this section''.

Sec.  207.3   [Amended]

0
3. Amend Sec.  207.3 by removing ``Sec.  207.1(b)'' and adding in its
place ``Sec.  207.1''.

Sec.  207.13   [Amended]

0
4. Amend Sec.  207.13(l)(1) by removing ``Sec.  207.1(b)'' and adding
in its place ``Sec.  207.1''.

Sec.  207.49   [Amended]

0
5. Amend Sec.  207.49(a)(15)(i), (a)(15)(ii)(A) and (B), and
(a)(15)(iii)(A) and (B) by removing ``Sec.  207.1(b)'' and adding in
its place ``Sec.  207.1''.

Sec.  207.53   [Amended]

0
6. Amend Sec.  207.53(d)(1), (d)(2)(i) and (ii), and (d)(3)(i) and (ii)
by removing ``Sec.  207.1(b)'' and adding in its place ``Sec.  207.1''.

    Dated: March 25, 2021.
Xavier Becerra,
Secretary, Department of Health and Human Services.
[FR Doc. 2021-06677 Filed 3-31-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Notices]
[Page 40873]
[FR Doc No: 2022-14581]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34642; File No. 812-15330]

Prospect Capital Corporation, et al.

July 5, 2022.
AGENCY:  Securities and Exchange Commission (``Commission'' or
``SEC'').

ACTION:  Notice.

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    Notice of application for an order (``Order'') under sections 17(d)
and 57(i) of the Investment Company Act of 1940 (the ``Act'') and rule
17d-1 under the Act to permit certain joint transactions otherwise
prohibited by sections 17(d) and 57(a)(4) of the Act and rule 17d-1
under the Act.

Summary of Application:  Applicants request an order to amend a
previous order granted by the Commission that permits certain business
development companies (``BDCs'') and closed-end management investment
companies to co-invest in portfolio companies with each other and with
certain affiliated investment entities.

Applicants:  Prospect Capital Corporation, Priority Income Fund, Inc.,
Prospect Sustainable Income Fund, Inc., Prospect Yield Corporation,
LLC, Prospect Capital Management L.P., Priority Senior Secured Income
Management, LLC, Prospect Capital Funding LLC and National Property
REIT Corp.

Filing Dates:  The application was filed on April 29, 2022, and amended
on June 3, 2022.

Hearing or Notification of Hearing:  An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing on any application by emailing
the SEC's Secretary at [email protected] and serving the
Applicants with a copy of the request by email, if an email address is
listed for the relevant Applicant below, or personally or by mail, if a
physical address is listed for the relevant Applicant below. Hearing
requests should be received by the Commission by 5:30 p.m. on, August
1, 2022, and should be accompanied by proof of service on applicants,
in the form of an affidavit or, for lawyers, a certificate of service.
Pursuant to rule 0-5 under the Act, hearing requests should state the
nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by emailing the Commission's Secretary at
[email protected].

ADDRESSES:  The Commission: [email protected]. Applicants:
Russell Wininger, Prospect Capital Corporation, at
[email protected], and Steven B. Boehm, Esq. and Anne G.
Oberndorf, Esq., Eversheds Sutherland (US) LLP, at
[email protected].

FOR FURTHER INFORMATION CONTACT:  Kieran G. Brown, Senior Counsel, or
Terri Jordan, Branch Chief, at<PHONE_NUMBER> (Division of Investment
Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION:  For Applicants' representations, legal
analysis, and conditions, please refer to Applicants' first amended and
restated application, dated June 3, 2022, which may be obtained via the
Commission's website by searching for the file number at the top of
this document, or for an Applicant using the Company name search field,
on the SEC's EDGAR system. The SEC's EDGAR system may be searched at,
http://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You may
also call the SEC's Public Reference Room at<PHONE_NUMBER>.
    For the Commission, by the Division of Investment Management, under
delegated authority.

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-14581 Filed 7-7-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 10, 2007 (Volume 72, Number 131)]
[Notices]
[Page 37523]
[DOCID:fr10jy07-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-340-001]

Columbia Gas Transmission Corporation; Notice of Compliance
Filing

June 29, 2007.
    Take notice that on June 26, 2007, Columbia Gas Transmission
Corporation (Columbia) tendered for filing as part of its FERC Gas
Tariff, Second Revised Volume No. 1 Sixth Revised Sheet No. 390, with
an effective date of January 1, 2008.
    Columbia states that the filing is being made in compliance with
the Commission's Order in this docket issued June 11, 2007.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed in accordance with the provisions of Section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-13301 Filed 7-9-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Notices]
[Pages 16494-16495]
[FR Doc No: 2015-07085]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Noise Exposure Map: Alexandria International Airport, Alexandria,
Louisiana

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its
determination that the noise exposure maps submitted by the England
Economic and Industrial Development District for Alexandria
International Airport under the provisions of 49 U.S.C. 47503 et. seq
(Aviation Safety and Noise Abatement Act) and 14 CFR part 150 are in
compliance with applicable requirements.

DATES: Effective: The effective date of the FAA's determination on the
noise exposure maps is March 20, 2015.

FOR FURTHER INFORMATION CONTACT: DOT/FAA Southwest Region, Tim Tandy,
Environmental Protection Specialist, Louisiana/New Mexico Airports
District Office, ASW-640D, 2601 Meacham Boulevard, Fort Worth, Texas
76137. Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds
that the noise exposure maps submitted for Alexandria International
Airport are in compliance with applicable requirements of Part 150,
effective March 20, 2015. Under 49 U.S.C. 47503 of the Aviation Safety
and Noise Abatement Act (hereinafter referred to as ``the Act''), an
airport operator may submit to the FAA noise exposure maps which meet
applicable regulations and which depict non-compatible land uses as of
the date of submission of such maps, a description of projected
aircraft operations, and the ways in which such operations will affect
such maps. The Act requires such maps to be developed in consultation
with interested and affected parties in the local community, government
agencies, and persons using the airport. An airport operator who has
submitted noise exposure maps that are found by FAA to be in compliance
with the requirements of Federal Aviation Regulations (FAR) Part 150,
promulgated pursuant to the Act, may submit a noise compatibility
program for FAA approval which sets forth the measures the operator has
taken or proposes to take to reduce existing non-compatible uses and
prevent the introduction of additional non-compatible uses.
    The FAA has completed its review of the noise exposure maps and
accompanying documentation submitted by the England Economic and
Industrial Development District. The documentation that constitutes the
``noise exposure maps'' as defined in section 150.7 of Part 150
includes: Figure 3.3, 2013 Existing Conditions North Flow Flight
Tracks; Figure 3.4, 2013 Existing Conditions South Flow Flight Tracks;
Figure 4.1, 2013 Existing Condition Noise Exposure Map; Figure 5.1,
2019 Future Condition North Flow Flight Tracks; Figure 5.2, 2019 Future
Condition South Flow Flight Tracks; Figure 6.1, 2019 Future Condition
Noise Exposure Map; Figure J.1., Existing & Future North Flow Flight
Tracks; Figure J.2, Existing & Future South Flow Flight Tracks; Figure
J.3, 2013 Existing Condition Noise Exposure Map; 2019 Future Condition
Noise Exposure Map; Table 3.1, Historical Annual Operations from ATADS;
Table 3.2, Historical Annual Operations from TFMSC; Table 3.3, Total
Operations from NOP; Table 3.4, Total Number of Operations for 2013;
Table 3.5, Calculated Scaling Factor by Operational Category; Table
3.6, 2013 Runway and Helipad Utilization Rate; Table 4.1, 2013 Existing
Condition Noise Exposure Estimates; Table 5.1, Total Number of
Operations for 2019; Table 5.2, 2019 Runway and Helipad Utilization
Rate; Table 6.1, 2019 Future Condition Noise Exposure Estimates. The
FAA has determined that these noise exposure maps and accompanying
documentation are in compliance with applicable

requirements. This determination is effective on March 20, 2015.
    FAA's determination on an airport operator's noise exposure maps is
limited to a finding that the maps were developed in accordance with
the procedures contained in appendix A of FAR Part 150. Such
determination does not constitute approval of the applicant's data,
information or plans, or a commitment to approve a noise compatibility
program or to fund the implementation of that program. If questions
arise concerning the precise relationship of specific properties to
noise exposure contours depicted on a noise exposure map submitted
under section 47503 of the Act, it should be noted that the FAA is not
involved in any way in determining the relative locations of specific
properties with regard to the depicted noise contours, or in
interpreting the noise exposure maps to resolve questions concerning,
for example, which properties should be covered by the provisions of
section 47506 of the Act. These functions are inseparable from the
ultimate land use control and planning responsibilities of local
government. These local responsibilities are not changed in any way
under Part 150 or through FAA's review of noise exposure maps.
Therefore, the responsibility for the detailed overlaying of noise
exposure contours onto the map depicting properties on the surface
rests exclusively with the airport operator that submitted those maps,
or with those public agencies and planning agencies with which
consultation is required under section 47503 of the Act. The FAA has
relied on the certification by the airport operator, under section
150.21 of FAR Part 150, that the statutorily required consultation has
been accomplished.
    Copies of the full noise exposure map documentation and of the
FAA's evaluation of the maps are available for examination at the
following locations: Federal Aviation Administration, 2601 Meacham
Boulevard, Fort Worth, Texas; Alexandria International Airport, Scott
Gammel, Manager, 1611 Arnold Drive, Alexandria, LA 71303. Questions may
be directed to the individual named above under the heading FOR FURTHER
INFORMATION CONTACT.

    Issued in Fort Worth, Texas, March 20, 2015.
Ignacio Flores,
Manager, Airports Division.
[FR Doc. 2015-07085 Filed 3-26-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Rules and Regulations]
[Pages 21246-21250]
[FR Doc No: 2016-07574]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1426; Directorate Identifier 2013-NM-200-AD;
Amendment 39-18462; AD 2016-07-17]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 97-20-07 for
certain Airbus Model A300 B4-600, B4-600R, and F4-600R series
airplanes, and Model A300 C4-605R Variant F airplanes (collectively
called Model A300-600 series airplanes). AD 97-20-07 required
repetitive inspections to detect fatigue cracking in the left and right
wings in the area where the top skin attaches to the center spar, and
repair or modification of this area if necessary. This new AD reduces
the inspection compliance time and repetitive inspection intervals.
This AD was prompted by a determination that the inspection compliance
time and repetitive inspection interval must be reduced to allow timely
detection of fatigue cracking in the left and right wings in the area
where the top skin attaches to the center spar. We are issuing this AD
to detect and correct this fatigue cracking, which could reduce the
residual strength of the top skin of the wings, and consequently

affect the structural integrity of the airframe.

DATES: This AD becomes effective May 16, 2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 16,
2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
October 30, 1997 (62 FR 50251, September 25, 1997).

ADDRESSES: For service information identified in this final rule,
contact Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; email<EMAIL_ADDRESS>Internet
http://www.airbus.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
1426.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
1426; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 97-20-07, Amendment 39-10145 (62 FR 50251,
September 25, 1997) (``AD 97-20-07''). AD 97-20-07 applied to certain
Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and
Model A300 C4-605R Variant F airplanes (collectively called Model A300-
600 series airplanes). The NPRM published in the Federal Register on
June 5, 2015 (80 FR 32058) (``the NPRM''). The NPRM was prompted by a
determination that the inspection compliance time and repetitive
inspection interval must be reduced to allow timely detection of
fatigue cracking in the left and right wings in the area where the top
skin attaches to the center spar. The NPRM proposed to continue to
require repetitive inspections to detect fatigue cracking in the left
and right wings in the area where the top skin attaches to the center
spar, and repair or modification of this area if necessary. The NPRM
also proposed to reduce the inspection compliance time and repetitive
inspection intervals. We are issuing this AD to detect and correct this
fatigue cracking, which could reduce the residual strength of the top
skin of the wings, and consequently affect the structural integrity of
the airframe.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2013-0221, dated September 19, 2013 (referred
to after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Airbus Model
A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4-
605R Variant F airplanes (collectively called Model A300-600 series
airplanes). The MCAI states:

    During fatigue tests conducted in the early 1990's, cracks were
found on the top skin of the wing at the centre spar joint between
ribs 1 and 7.
    Consequently, Airbus developed production mod. 10089 and issued
Service Bulletin (SB) A300-57-6041, involving installation of a
reinforcing plate on the affected area. Despite this improvement,
subsequent cases of cracks were reported by operators.
    This condition, if not detected and corrected, could adversely
affect the structural integrity of the aeroplane.
    To address this potential unsafe condition, Airbus issued SB
A300-57-6044 and DGAC [Direction G[eacute]n[eacute]rale de
l'Aviation Civile] France issued * * * [an airworthiness directive]
(later revised twice) to require repetitive inspections of the
affected area and, depending on findings, accomplishment of
applicable corrective action(s).
    Since [the French] * * * [airworthiness directive] [which
corresponds to FAA AD 97-20-07, Amendment 39-10145 (62 FR 50251,
September 25, 1997)] was issued, a fleet survey and updated Fatigue
and Damage Tolerance Analyses were performed in order to
substantiate the second A300-600 Extended Service Goal (ESG2)
exercise. The results of these analyses have shown that the
inspection thresholds and intervals must be reduced to allow timely
detection of these cracks and accomplishment of an applicable
corrective action. Prompted by these findings, Airbus issued SB
A300-57-6044 Revision 04 [dated August 19, 2011].
    For the reasons described above, this [EASA] AD retains the
requirements of [the French AD] * * * which is superseded, but
requires the repetitive inspections to be accomplished at reduced
thresholds and intervals and, depending on findings, corrective
actions.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
1426.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Changes Made to This Final Rule

    Paragraph (m)(2) of the proposed AD inadvertently included the
corrective action for the low frequency eddy current (LFEC) inspections
for cracking specified in paragraphs (k) and (l) of the proposed AD;
however, the corrective action in paragraph (m)(2) of this AD applies
only to the new high frequency eddy current (HFEC) inspections required
by this AD. We have revised paragraph (m)(2) of this AD to specify the
corrective action for the HFEC inspections for cracking specified in
paragraphs (i), (j), and (m)(1) of this AD. We have added new paragraph
(m)(4) of this AD to specify the corrective actions for the LFEC
inspections specified in paragraphs (k) and (l) of this AD.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting this AD with the changes described
previously and minor editorial changes. We have determined that these
changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A300-57-6044, Revision 04, dated
August 19, 2011, including Appendix 01, Revision 04, dated August 19,
2011. The service information describes procedures for inspections to
detect fatigue cracking in the left and right wings in the area where
the top skin attaches to the center spar, and repair or modification of
this area. This service information is reasonably available

because the interested parties have access to it through their normal
course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 47 airplanes of U.S. registry.
    The actions required by AD 97-20-07, and retained in this AD take
about 3 work-hours per product, at an average labor rate of $85 per
work-hour. Based on these figures, the estimated cost of the actions
that were required by AD 97-20-07 is $255 per product.
    We also estimate that it will take about 5 work-hours per product
to comply with the new basic requirements of this AD. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
of this AD on U.S. operators to be $19,975, or $425 per product
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have 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.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
97-20-07, Amendment 39-10145 (62 FR 50251, September 25, 1997), and
adding the following new AD:

2016-07-17 Airbus: Amendment 39-18462. Docket No. FAA-2015-1426;
Directorate Identifier 2013-NM-200-AD.

(a) Effective Date

    This AD becomes effective May 16, 2016.

(b) Affected ADs

    This AD replaces AD 97-20-07, Amendment 39-10145 (62 FR 50251,
September 25, 1997) (``AD 97-20-07'').

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs
(c)(1) through (c)(4) of this AD, certificated in any category, all
manufacturer serial numbers except those on which Airbus
Modification 10160 has been done in production.
    (1) Airbus Model A300 B4-601, B4-603, B4-620, and B4-622
airplanes.
    (2) Airbus Model A300 B4-605R and B4-622R airplanes.
    (3) Airbus Model A300 F4-605R and F4-622R airplanes.
    (4) Airbus Model A300 C4-605R Variant F airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by a determination that the inspection
compliance time and repetitive inspection interval must be reduced
to allow timely detection of fatigue cracking in the left and right
wings in the area where the top skin attaches to the center spar. We
are issuing this AD to detect and correct this fatigue cracking,
which could reduce the residual strength of the top skin of the
wings, and consequently affect the structural integrity of the
airframe.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Retained Repetitive Inspections and Corrective Actions, With
Revised Service Information

    This paragraph restates the requirements of paragraph (a) of AD
97-20-07, with revised service information. For airplanes on which
Airbus Modification 10089 has not been installed: Prior to the
accumulation of 18,000 total landings, or within 1,500 landings
after October 30, 1997 (the effective date of AD 97-20-07),
whichever occurs later, conduct either a detailed visual inspection
or a high frequency eddy current (HFEC) inspection to detect fatigue
cracking in the left and right wings in the area where the top skin
attaches to the center spar between ribs 1 and 7, in accordance with
Airbus Service Bulletin A300-57-6044, Revision 2, dated September 6,
1995, including Appendix 1, Revision 1, dated November 25, 1994; or
Airbus Service Bulletin A300-57-6044, Revision 04, dated August 19,
2011, including Appendix 01, Revision 04, dated August 19, 2011. As
of the effective date of this AD, use only Airbus Service Bulletin
A300-57-6044, Revision 04, dated August 19, 2011, including Appendix
01, Revision 04, dated August 19, 2011. Accomplishment of the
inspection required by paragraph (i) of this AD terminates the
inspection requirements of this paragraph.
    (1) If no cracking is detected, conduct repetitive inspections
thereafter at the following intervals:
    (i) If the immediately preceding inspection was conducted using
detailed visual inspection techniques, conduct the next inspection
within 5,000 landings.
    (ii) If the immediately preceding inspection was conducted using
HFEC techniques, conduct the next inspection within 9,500 landings.
    (2) If any cracking is detected or suspected during any detailed
visual inspection required by the introductory text of paragraph
(g), paragraph (g)(1), or paragraph (g)(3)(i) of this AD, prior to
further flight, confirm this finding and the length of this cracking
by conducting an HFEC inspection, in accordance with Airbus Service
Bulletin A300-57-6044, Revision 2, dated September 6, 1995,
including Appendix 1, Revision 1, dated November 25, 1994; or Airbus
Service Bulletin A300-57-6044, Revision 04, dated August 19, 2011,
including Appendix 01, Revision 04, dated August 19, 2011. As of the
effective date of this AD, use only Airbus Service Bulletin A300-57-
6044, Revision 04, dated August 19, 2011, including Appendix 01,
Revision 04, dated August 19, 2011. If no cracking is confirmed
during the HFEC inspection, accomplish the repetitive inspection
required by paragraph (g)(1)(ii) of this AD at the time specified in
that paragraph.

    (3) If any cracking is detected or confirmed during any HFEC
inspection required by the introductory text of paragraph (g),
paragraph (g)(1), or paragraph (g)(2) of this AD:
    (i) If the cracking is 75 millimeters (mm) or less per rib bay,
prior to further flight, repair in accordance with Airbus Service
Bulletin A300-57-6044, Revision 2, dated September 6, 1995,
including Appendix 1, Revision 1, dated November 25, 1994; or Airbus
Service Bulletin A300-57-6044, Revision 04, dated August 19, 2011,
including Appendix 01, Revision 04, dated August 19, 2011. As of the
effective date of this AD, use only Airbus Service Bulletin A300-57-
6044, Revision 04, dated August 19, 2011, including Appendix 01,
Revision 04, dated August 19, 2011. Thereafter, conduct repetitive
detailed visual inspections of the repaired area at intervals not to
exceed 50 landings, in accordance with Airbus Service Bulletin A300-
57-6044, Revision 2, dated September 6, 1995, including Appendix 1,
Revision 1, dated November 25, 1994; or Airbus Service Bulletin
A300-57-6044, Revision 04, dated August 19, 2011, including Appendix
01, Revision 04, dated August 19, 2011. As of the effective date of
this AD, use only Airbus Service Bulletin A300-57-6044, Revision 04,
dated August 19, 2011, including Appendix 01, Revision 04, dated
August 19, 2011.
    (ii) If the cracking exceeds 75 mm per rib bay, prior to further
flight, install Airbus Modification 10089, in accordance with Airbus
Service Bulletin A300-57-6044, Revision 2, dated September 6, 1995,
including Appendix 1, Revision 1, dated November 25, 1994; or Airbus
Service Bulletin A300-57-6044, Revision 04, dated August 19, 2011,
including Appendix 01, Revision 04, dated August 19, 2011. As of the
effective date of this AD, use only Airbus Service Bulletin A300-57-
6044, Revision 04, dated August 19, 2011, including Appendix 01,
Revision 04, dated August 19, 2011. Thereafter, conduct a low
frequency eddy current (LFEC) inspection in accordance with the
requirements of paragraph (h) of this AD.

    Note 1 to paragraph (g) of this AD:  Airbus Service Bulletin
A300-57-6044, Revision 2, dated September 6, 1995, including
Appendix 1, Revision 1, dated November 25, 1994, references Airbus
Service Bulletin A300-57-6041, Revision 4, dated November 16, 1995,
as an additional source of guidance for installing Airbus
Modification 10089.

(h) Retained Repetitive Inspections and Corrective Actions for Certain
Airplanes, With Revised Service Information and Repair Instructions

    This paragraph restates the requirements of paragraph (b) of AD
97-20-07, with revised service information and repair instructions.
For airplanes on which Airbus Modification 10089 has been installed:
Prior to the accumulation of 22,000 total landings after this
modification has been installed, or within 1,500 landings after
October 30, 1997 (the effective date of AD 97-20-07), whichever
occurs later, conduct a LFEC inspection to detect fatigue cracking
in the inboard and rear edges of the top skin reinforcing plates, in
accordance with Airbus Service Bulletin A300-57-6044, Revision 2,
dated September 6, 1995, including Appendix 1, Revision 1, dated
November 25, 1994; or Airbus Service Bulletin A300-57-6044, Revision
04, dated August 19, 2011, including Appendix 01, Revision 04, dated
August 19, 2011. As of the effective date of this AD, use only
Airbus Service Bulletin A300-57-6044, Revision 04, dated August 19,
2011, including Appendix 01, Revision 04, dated August 19, 2011.
Accomplishment of the inspection required by paragraph (k) of this
AD terminates the inspection requirements of this paragraph.
    (1) If no cracking is detected, repeat this inspection
thereafter at intervals not to exceed 11,000 landings.
    (2) If any cracking is detected, prior to further flight, repair
in accordance with a method approved by the Manager, Standardization
Branch, ANM-113, Transport Airplane Directorate, FAA. As of the
effective date of this AD, repair using a method approved by the
Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA; or the European Aviation Safety Agency (EASA); or
Airbus's EASA Design Organization Approval (DOA). Thereafter, repeat
this inspection at intervals not to exceed 11,000 landings.

(i) New Requirement of This AD: Initial Inspections

    For airplanes on which Airbus Modification 10089 has not been
installed: At the applicable time specified in paragraphs (i)(1) and
(i)(2) of this AD, do either a detailed visual inspection or an HFEC
inspection to detect fatigue cracking in the left and right wings in
the area where the top skin attaches to the center spar between ribs
1 and 7, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A300-57-6044, Revision 04, dated August 19,
2011, including Appendix 01, Revision 04, dated August 19, 2011.
Accomplishment of the inspection required by this paragraph
terminates the inspection requirements of paragraph (g) of this AD.
    (1) For airplanes whose flight time average is equal to or more
than 1.5 hours, at the later of the times specified in paragraphs
(i)(1)(i) and (i)(1)(ii) of this AD.
    (i) Before the accumulation of 14,000 total flight cycles or
30,300 total flight hours, whichever occurs first.
    (ii) Within 1,500 flight cycles or 3,200 flight hours after the
effective date of this AD, whichever occurs first.
    (2) For airplanes whose flight time average is less than 1.5
hours, at the later of the times specified in paragraphs (i)(2)(i)
and (i)(2)(ii) of this AD.
    (i) Before the accumulation of 15,100 total flight cycles or
22,700 total flight hours, whichever occurs first.
    (ii) Within 1,600 flight cycles or 2,500 flight hours after the
effective date of this AD, whichever occurs first.

(j) New Requirement of This AD: Repetitive Inspections

    Repeat the inspections specified in paragraph (i) of this AD
thereafter at the applicable interval specified in paragraphs (j)(1)
and (j)(2) of this AD.
    (1) For airplanes whose flight time average is equal to or more
than 1.5 hours, at the applicable interval specified in paragraphs
(j)(1)(i) and (j)(1)(ii) of this AD.
    (i) For a detailed visual inspection, at intervals not to exceed
3,900 flight cycles or 8,400 flight hours, whichever occurs first.
    (ii) For an HFEC inspection, at intervals not to exceed 7,400
flight cycles or 16,000 flight hours, whichever occurs first.
    (2) For airplanes whose flight time average is less than 1.5
hours, at the applicable interval specified in paragraphs (j)(2)(i)
and (j)(2)(ii) of this AD.
    (i) For a detailed visual inspection, at intervals not to exceed
4,200 flight cycles or 6,300 flight hours, whichever occurs first.
    (ii) For an HFEC inspection, at intervals not to exceed 8,000
flight cycles or 11,900 flight hours, whichever occurs first.

(k) New Requirement of This AD: Initial Inspection for Certain
Airplanes

    For airplanes on which Airbus Modification 10089 has been
installed: At the applicable time specified in paragraphs (k)(1) and
(k)(2) of this AD, do an LFEC inspection to detect fatigue cracking
in the inboard and rear edges of the top skin reinforcing plates, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A300-57-6044, Revision 04, dated August 19, 2011, including
Appendix 01, Revision 04, dated August 19, 2011. Accomplishment of
the inspection required by this paragraph terminates the inspection
requirements of paragraph (h) of this AD.
    (1) For airplanes whose flight time average is equal to or more
than 1.5 hours, at the later of the times specified in paragraphs
(k)(1)(i) and (k)(1)(ii) of this AD.
    (i) Before the accumulation of 17,000 total flight cycles or
37,100 total flight hours, whichever occurs first.
    (ii) Within 1,500 flight cycles or 3,200 flight hours after the
effective date of this AD, whichever occurs first.
    (2) For airplanes whose flight time average is less than 1.5
hours, at the later of the times specified in paragraphs (k)(2)(i)
and (k)(2)(ii) of this AD.
    (i) Before the accumulation of 18,500 total flight cycles or
27,800 total flight hours, whichever occurs first.
    (ii) Within 1,600 flight cycles or 2,500 flight hours after the
effective date of this AD, whichever occurs first.

(l) New Requirement of This AD: Repetitive Inspections for Certain
Airplanes

    Repeat the inspection specified in paragraph (k) of this AD
thereafter at the applicable interval specified in paragraphs (l)(1)
and (l)(2) of this AD.
    (1) For airplanes whose flight time average is equal to or more
than 1.5 hours, at intervals not to exceed 8,500 flight cycles or
18,500 flight hours, whichever occurs first.
    (2) For airplanes whose flight time average is less than 1.5
hours, at intervals not to exceed 9,200 flight cycles or 13,700
flight hours, whichever occurs first.

(m) New Requirement of This AD: Corrective Actions

    (1) If any cracking is detected or suspected during any detailed
inspection required by paragraph (i) or (j) of this AD: Before
further flight, confirm this finding and the length of

this cracking by conducting an HFEC inspection, in accordance with
the Accomplishment Instructions of Airbus Service Bulletin A300-57-
6044, Revision 04, dated August 19, 2011, including Appendix 01,
Revision 04, dated August 19, 2011, except as specified in paragraph
(o) of this AD. If no cracking is confirmed during the HFEC
inspection, accomplish the applicable repetitive inspections
required by paragraphs (j) and (l) of this AD at the applicable time
specified in those paragraphs.
    (2) If any cracking is found during any HFEC inspection required
by paragraph (i), (j), or (m)(1) of this AD: Before further flight,
do the applicable actions specified in paragraphs (m)(2)(i) and
(m)(2)(ii) of this AD.
    (i) If the cracking is 75 mm or less per each rib bay: Before
further flight, repair the cracking, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A300-57-6044,
Revision 04, dated August 19, 2011, including Appendix 01, Revision
04, dated August 19, 2011, except as specified in paragraph (o) of
this AD. Do repetitive detailed inspections of the repaired area
thereafter at intervals not to exceed 50 flight cycles or 110 flight
hours, whichever occurs first, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A300-57-6044, Revision 04,
dated August 19, 2011, including Appendix 01, Revision 04, dated
August 19, 2011. Within 250 flight cycles or 550 flight hours,
whichever occurs first after doing the temporary repair, do a
permanent repair of the repaired area, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A300-57-6044,
Revision 04, dated August 19, 2011, including Appendix 01, Revision
04, dated August 19, 2011.
    (ii) If the cracking exceeds 75 mm per any rib bay: Before
further flight, install Airbus Modification 10089, in accordance
with the Accomplishment Instructions of Airbus Service Bulletin
A300-57-6044, Revision 04, dated August 19, 2011, including Appendix
01, Revision 04, dated August 19, 2011. Do an LFEC inspection
thereafter at the intervals specified in paragraph (l) of this AD.
    (3) If any cracking is found during any inspection required by
this AD at fastener hole 1A, 1, or 2: Before further flight, repair
the cracking, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A300-57-6044, Revision 04, dated August 19,
2011, including Appendix 01, Revision 04, dated August 19, 2011.
    (4) If any cracking is found during any LFEC inspection required
by paragraph (k) or (l) of this AD: Before further flight, repair
using a method approved by the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or EASA; or Airbus's EASA
DOA.

(n) Credit for Previous Actions

    This paragraph provides credit for actions required by
paragraphs (i) through (l) of this AD, if those actions were
performed before the effective date of this AD using Airbus Service
Bulletin A300-57-6044, Revision 03, dated April 7, 1999, including
Appendix 01, Revision 03, dated April 7, 1999, which is not
incorporated by reference in this AD.

(o) Exception to Service Information Specification

    Although Airbus Service Bulletin A300-57-6044, Revision 04,
dated August 19, 2011, including Appendix 01, Revision 04, dated
August 19, 2011, specifies to submit information to Airbus, this AD
does not require that submission.

(p) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or EASA; or Airbus's EASA DOA. If
approved by the DOA, the approval must include the DOA-authorized
signature.

(q) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2013-0221, dated September 19,
2013, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2015-1426.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (r)(5) and (r)(6) of this AD.

(r) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
May 16, 2016
    (i) Airbus Service Bulletin A300-57-6044, Revision 04, dated
August 19, 2011, including Appendix 01, Revision 04, dated August
19, 2011.
    (ii) Reserved.
    (4) The following service information was approved for IBR on
October 30, 1997 (62 FR 50251, September 25, 1997).
    (i) Airbus Service Bulletin A300-57-6044, Revision 2, dated
September 6, 1995, including Appendix 1, Revision 1, dated November
25, 1994. Pages 1 through 8 of this document are identified as
Revision 2, dated September 6, 1995; pages 9 and 10 are identified
as original, dated March 1, 1993. Page 1 of Appendix 1 is identified
as Revision 1, dated November 25, 1994; and pages 2 through 6 are
identified as original, dated March 1, 1993.
    (ii) Reserved.
    (5) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (6) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on March 24, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-07574 Filed 4-8-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 185 (Tuesday, September 24, 2019)]
[Notices]
[Pages 50026-50027]
[FR Doc No: 2019-20622]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-1818-018.
    Applicants: Public Service Company of Colorado.
    Description: Supplement to January 11, 2019 Triennial MBR Update
(Treatment of TRM/CBM in SIL Study) of Public Service Company of
Colorado.
    Filed Date: 9/17/19.
    Accession Number: 20190917-5140.
    Comments Due: 5 p.m. ET 10/8/19.

    Docket Numbers: ER15-1456-008; ER10-2959-015; ER11-3859-019; ER19-
967-002; ER15-748-005; ER16-999-009; ER11-4634-008; ER10-2934-014;
ER19-968-002; ER18-920-004; ER17-436-007; ER14-1699-009; ER10-2615-013;
ER11-2335-014; ER10-1933-006; ER15-1457-008; ER19-464-001.
    Applicants: Beaver Falls, L.L.C., Chambers Cogeneration, Limited
Partnership, Dighton Power, LLC, Fairless Energy, L.L.C., Garrison
Energy Center LLC, Greenleaf Energy Unit 1 LLC, Hazleton Generation
LLC, Logan Generating Company, L.P., Manchester Street, L.L.C., Marco
DM Holdings, L.L.C., Marcus Hook Energy, L.P., Milford Power, LLC, Plum
Point Energy Associates, LLC, Plum Point Services Company, LLC, RockGen
Energy, LLC, Syracuse, L.L.C., Vermillion Power, L.L.C.
    Description: Supplement to August 8, 2019 Notice of Change in
Status of the SEG MBR Entities, et al.
    Filed Date: 9/11/19.
    Accession Number: 20190911-5143.
    Comments Due: 5 p.m. ET 10/2/19.

    Docket Numbers: ER17-802-006.
    Applicants: Exelon Generation Company, LLC.
    Description: Compliance filing: Informational Filing Regarding
Mothballing of SE Chicago Energy Project Units to be effective N/A.
    Filed Date: 9/18/19.
    Accession Number: 20190918-5076.
    Comments Due: 5 p.m. ET 10/9/19.

    Docket Numbers: ER18-1266-002.
    Applicants: Moxie Freedom LLC.
    Description: Report Filing: Refund Report to be effective N/A.
    Filed Date: 9/18/19.
    Accession Number: 20190918-5125.
    Comments Due: 5 p.m. ET 10/9/19.

    Docket Numbers: ER19-470-002.
    Applicants: ISO New England Inc., Eversource Energy Service
Company.
    Description: Compliance filing: Update Eff Date of Previously Filed
Revisions Implementing Trans. Chrg Exemption to be effective 12/1/2019.
    Filed Date: 9/18/19.
    Accession Number: 20190918-5139.
    Comments Due: 5 p.m. ET 10/9/19.

    Docket Numbers: ER19-2276-001.
    Applicants: New York Independent System Operator, Inc.
    Description: Tariff Amendment: NYISO response to deficiency letter
re: June 27, 2019 DER filing to be effective 5/1/2020.
    Filed Date: 9/18/19.
    Accession Number: 20190918-5138.
    Comments Due: 5 p.m. ET 10/9/19.

    Docket Numbers: ER19-2825-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Western Area Power
Administration Contract Services Agreement Amendment to be effective
11/16/2019.
    Filed Date: 9/17/19.
    Accession Number: 20190917-5115.
    Comments Due: 5 p.m. ET 10/8/19.

    Docket Numbers: ER19-2826-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to WMPA SA No.
5128, Queue No. AD1-156 to be effective 6/15/2018.
    Filed Date: 9/17/19.
    Accession Number: 20190917-5121.
    Comments Due: 5 p.m. ET 10/8/19.

    Docket Numbers: ER19-2827-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2987R1 Associated Electric/
PSC of OK/KAMO Electric Inter Agr to be effective 9/16/2019.
    Filed Date: 9/18/19.
    Accession Number: 20190918-5010.
    Comments Due: 5 p.m. ET 10/9/19.

    Docket Numbers: ER19-2828-000.
    Applicants: AEP Ohio Transmission Company, Inc., Ohio Power
Company, PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: AEP Ohio submits Revised
ILDSA, SA No. 1336 and 8 Facilities Agreements to be effective 8/21/
2019.
    Filed Date: 9/18/19.
    Accession Number: 20190918-5059.
    Comments Due: 5 p.m. ET 10/9/19.

    Docket Numbers: ER19-2829-000.
    Applicants: Phalanx Energy Services, LLC.
    Description: Tariff Cancellation: Notice of Cancellation to be
effective 9/19/2019.
    Filed Date: 9/18/19.
    Accession Number: 20190918-5075.
    Comments Due: 5 p.m. ET 10/9/19.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES19-55-000.
    Applicants: ITC Great Plains, LLC.
    Description: Application under Section 204 of the Federal Power Act
for Authorization to Extend Maturity of Revolving Credit Facility of
ITC Great Plains, LLC.
    Filed Date: 9/18/19.
    Accession Number: 20190918-5110.
    Comments Due: 5 p.m. ET 10/9/19.

    Docket Numbers: ES19-56-000.
    Applicants: ITC Midwest LLC.
    Description: Application under Section 204 of the Federal Power Act
for Authorization to Extend Maturity of Revolving Credit Facility of
ITC Midwest LLC.
    Filed Date: 9/18/19.
    Accession Number: 20190918-5113.
    Comments Due: 5 p.m. ET 10/9/19.

    Docket Numbers: ES19-57-000.
    Applicants: International Transmission Company.
    Description: Application under Section 204 of the Federal Power Act
for Authorization to Extend Maturity of Revolving Credit Facility of
International Transmission Company.
    Filed Date: 9/18/19.
    Accession Number: 20190918-5124.
    Comments Due: 5 p.m. ET 10/9/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    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.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings 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<PHONE_NUMBER>.

    Dated: September 18, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-20622 Filed 9-23-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Rules and Regulations]
[Pages 12150-12155]
[FR Doc No: 2023-03930]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 734 and 746

[Docket No.<PHONE_NUMBER>]
RIN 0694-AJ12

Export Control Measures Under the Export Administration
Regulations (EAR) To Address Iranian Unmanned Aerial Vehicles (UAVs)
and Their Use by the Russian Federation Against Ukraine

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Final rule.

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

SUMMARY: This rule amends the Export Administrations Regulations (EAR)
to impose new export control measures on Iran. These measures address
the use of Iranian Unmanned Aerial Vehicles (UAVs) by the Russian
Federation (Russia) in its ongoing war against Ukraine, contrary to
U.S. national security and foreign policy interests. Although UAVs are
also known as Unmanned Aircraft Systems (UASs), for purposes of
consistency with the Missile Technology Control Regime (MTCR) they are
referred to as UAVs in the EAR. These amendments to the EAR target
Iran's supply of UAVs to Russia to enhance Russia's defense industrial
base and its military efforts against Ukraine and build on prior EAR
amendments, including the addition of Iranian entities to the Entity
List as Russian `military end users.' Specifically, these controls
impose license requirements for a subset of EAR99 items that are
destined to Iran, regardless of whether a U.S. person is involved in
the transaction. Such items are identified by Harmonized Tariff
Schedule (HTS)-6 Codes in a new supplement added to the EAR, which will
allow BIS and other relevant U.S. Government agencies to track and
quantify these exports. This rule also identifies certain foreign-
produced items as subject to the EAR by adding a new foreign direct
product (FDP) rule specific to Iran that applies to items in certain
categories of the Commerce Control List (CCL) and the EAR99 items
identified in this new supplement. This rule similarly revises the
EAR's existing Russia/Belarus FDP rule to reference these EAR99 items.
Together with a separate rule published in the same issue of the
Federal Register adding export controls for Russia and Belarus, these
changes impose license requirements on additional exports from abroad
and reexports to Iran, Russia, and Belarus, with the purpose of
degrading the Iranian UAV program and Russia's use of such UAVs against
Ukraine.

DATES: This rule is effective on February 24, 2023.

FOR FURTHER INFORMATION CONTACT: For general questions on this final
rule, contact Eileen Albanese, Director, Office of National Security
and Technology Transfer Controls, Bureau of Industry and Security,
Department of Commerce, Phone:<PHONE_NUMBER>, Email: [email protected].
For emails, include ``Iran UAVs-RIN 0694-AJ12'' in the subject line.

SUPPLEMENTARY INFORMATION:

I. Background

    In response to Russia's February 2022 further invasion of Ukraine,
BIS imposed extensive export controls on Russia under the EAR (15 CFR
parts 730 through 774) as part of the final rule Implementation of
Sanctions Against Russia Under the Export Administration Regulations
(EAR) (the Russia Sanctions Rule), effective on February 24, 2022, and
published on March 3, 2022 (87 FR 12226). Since the publication of the
Russia Sanctions Rule, BIS has published several other final rules
imposing stringent export controls on Russia. The new restrictions
included two new Russia (and Belarus)-specific Foreign-Direct Product
rules. See Sec.  734.9(f)(1)(i) and (ii). U.S. allies have implemented
substantially similar measures against Russia. The BIS actions reflect
the U.S. Government's position that Russia's further invasion of
Ukraine and Belarus' complicity in such invasion flagrantly violated
international law, is contrary to U.S. national security and foreign
policy interests, and undermines global order, peace, and security.
    Consistent with the U.S. Government's and its allies' commitment to
further strengthening the impact of export control measures in response
to Russia's aggression, this rule amends the EAR to impose new controls
to address the use of Iranian UAVs in ways that are contrary to U.S.
national security and foreign policy interests, specifically, by Russia
against Ukraine. Iran has been supplying Iranian UAVs to Russia to
enhance Russia's defense industrial base in the country's ongoing
military assault in Ukraine. BIS and U.S. Government allies and
partners have taken additional actions to restrict Iran's ability to
obtain ``items'' required to manufacture UAVs, such as the blocking
restrictions put in place by the European Union (EU) on identified
Iranian drone companies and export restrictions on relevant low-level
items where there is knowledge the items are ultimately destined to
Russia. On January 31, 2023, BIS added seven Iranian entities involved
in the manufacture of UAVs to the Entity List as Russian `Military End
Users,' thereby subjecting them to some of the most comprehensive
export restrictions under the EAR, including on foreign-produced items
under the Russia/Belarus-Military End User FDP rule (see Sec.  734.9(g)
of the EAR). 88 FR 6621 (Feb. 1, 2023). Recent investigations indicate
that pieces of Iranian UAVs have been found on the battlefield in
Ukraine, in some cases with U.S.-branded ``parts'' and ``components.''
    Iran is already subject to comprehensive export restrictions under
U.S. law, including pursuant to Sec.  746.7 of the EAR. This rule
builds on recent efforts to target Russian activity involving Iran-
supplied UAVs by imposing new destination-based controls on Iran. These
new controls impose export and reexport license requirements on a
subset of EAR99 items, i.e., items not specified on the Commerce
Control List (supplement no. 1 to part 774 of the EAR) if destined to
Iran, regardless of whether a U.S. person, is involved in the
transaction. Such items are identified by HTS-6 Codes in a new
supplement for Iran that is being added to the EAR by this rule and
require a license for exports and reexports to Iran. This rule also
adds a new FDP rule specific to Iran for items in certain categories of
the CCL. The new FDP rule also covers certain other items identified in
this new supplement to render additional foreign-produced items subject
to the EAR. This rule similarly revises the existing Russia/Belarus FDP
rule to reference these foreign-produced items to ensure that the items
described in this supplement will be similarly controlled to Russia and
Belarus when they are also the ``direct product'' of certain U.S.-
origin ``technology'' or ``software,'' or are produced by a plant or a
`major component' of a plant which is itself the ``direct product'' of
certain U.S.-origin ``technology'' or ``software.'' Together, with a
separate rule published in the same issue of the Federal Register
adding export controls for Russia and Belarus, these changes impose
license requirements on additional exports from abroad and reexports to
Iran, Russia, and Belarus, with the purpose of substantially degrading
the Iranian UAV program and Russia's use of such UAVs against Ukraine.
Some of the items added to supplement no. 7 to part 746 already
required a license for exports,

reexports, and transfers (in-country) to Russia and Belarus prior to
this rule because they were already identified on supplement no. 4 or 5
to part 746. The separate rule published in the same issue of the
Federal Register is adding the remaining items added by this rule to
supplement no. 7 to part 746 to supplement no. 4 or 5 to impose a
license requirement for exports and reexports and transfers within
Russia and Belarus and to align those other controls with U.S. allies.

II. Overview of New Controls

    For the reasons stated above, this rule takes four actions
targeting Iranian UAVs.
    First, BIS is creating a list of items used in Iranian UAVs. This
rule identifies these items using HTS-6 codes in a new supplement no. 7
to part 746 of the EAR.
    Second, this rule, in conjunction with a separate rule in the same
issue of the Federal Register adding export controls for Russia and
Belarus, expands the Russia/Belarus FDP rule and adds an Iran FDP rule
to ensure that foreign-produced items identified in new supplement no.
7 to part 746 are subject to the EAR when they are destined to Russia,
Belarus, or Iran, and that certain foreign-produced items specified in
any ECCN in Categories 3 through 5 or 7 on the CCL are subject to the
EAR when they are destined for Iran.
    Third, this rule expands the license requirements for Iran in Sec.
746.7 of the EAR to include requirements for exports and reexports of
items identified in new supplement no. 7 to part 746 (including
foreign-made items subject to the EAR under the new Iran FDP rule
described in Sec.  734.9(j)).
    Fourth, this rule exempts countries identified in supplement no. 3
to part 746 (Countries Excluded from Certain License Requirements,
pursuant to Sec.  746.8), from some of the new controls on foreign-
produced items described in new supplement no. 7 to part 746.

III. Amendments to the Export Administration Regulations (EAR)

    This rule imposes new export controls on Iran in connection with
its UAV program in order to degrade Iran's ability to support Russia's
military aggression in Ukraine, as described below:
    A. Imposition of additional license requirements for Iran covering
items used in UAVs that are identified by HTS-6 codes in new supplement
no. 7 to part 746.
    In part 746, this rule adds a new supplement no. 7 to part 746--
Items that Require a License under Sec.  746.7 When Destined for Iran
and under Sec.  746.8 When Destined to Russia or Belarus. This rule
adds these items because they are useful in Iran's UAV program and
Russia has used such UAVs in its further invasion of Ukraine. New
supplement no. 7 to part 746 consists of two columns: HTS-6 Code and
the HTS Description. This rule adds twelve entries to the new
supplement. These HTS-6 codes cover a greater range of items than those
described in existing Export Control Classification Numbers (ECCNs) on
the CCL, and will consequently capture items that are designated EAR99
(i.e., not specifically described on the CCL).
    This rule adds a paragraph (a) to the introductory text of the
supplement to explain the origin of the HTS-6 codes and descriptions in
this list, i.e., the United States International Trade Commission
(USITC's) HTS of the United States (2023). Similar to introductory text
set forth in the supplement no. 4 to part 746, this paragraph specifies
that the items described in supplement no. 7 to part 746 include any
modified or designed ``components,'' ``parts,'' ``accessories,'' and
``attachments'' therefor to the items listed in the supplement
regardless of the HTS Code or HTS Description of the ``components,''
``parts,'' ``accessories,'' and ``attachments,'' except that any
``part'' or minor ``component'' that is a fastener (e.g., screw, bolt,
nut, nut plate, stud, insert, clip, rivet, pin), washer, spacer,
insulator, grommet, bushing, spring, wire, or solder is excluded. New
paragraph (a) also advises exporters with general questions on HTS
codes to contact an import specialist at U.S. Customs and Border
Protection at the nearest port of export. Exporters with questions on
how to classify an item on the CCL or whether a particular
``component,'' ``part,'' accessory,'' or ``attachment'' therefor is
``modified or designed'' for an item listed in supplement no. 7 to part
746 should contact BIS.
    This rule also adds a paragraph (b) to the introductory text of the
supplement to specify that the items identified in the HTS-6 Code
column of supplement no. 7 to part 746 are subject to the license
requirements under Sec. Sec.  746.7(a)(1)(ii) and (iii) and
746.8(a)(2). Paragraph (b) clarifies that the HTS Description column is
intended to assist exporters with their Automated Export System (AES)
filing responsibilities. BIS clarifies here that a subjective
interpretation of the HTS Description does not determine whether an
item is subject to the license requirements under Sec. Sec.
746.7(a)(1)(ii) and (iii) and 746.8(a)(2). If an item is classified
under any 10-digit Schedule B, or 8-digit HTS code beginning with the
HTS-6 Code indicated in supplement no. 7 to part 746, then it is
subject to the license requirements under Sec. Sec.  746.7(a)(1)(ii)
and (iii) and 746.8(a)(2), regardless of how the HTS Description is
interpreted. For example, if an exporter, reexporter, or transferor
``knows'' their item is classified under an HTS-6 Code in supplement
no. 7 to part 746, but disagrees that their item matches the HTS
Description in supplement no. 7 to part 746, in that scenario, then the
HTS-6 Code is still controlling for determining the license requirement
under Sec. Sec.  746.7(a)(1)(ii) and (iii) and 746.8(a)(2), even if
someone believes their item could potentially meet the description of
more than one HTS Description. As noted above, the HTS Description is
intended to assist exporters with their AES filing responsibilities,
but is not determinative for whether an item is identified under
supplement no. 7 to part 746.
    The use of the HTS-6 Code to identify the license requirements for
these items will ease compliance burdens on exporters and reexporters
because the HTS-6 Code is more precise than the HTS Description. The
use of the HTS-6 Code for identifying the license requirement will also
help to enhance the enforcement of these items because the HTS-6 Code
will be easier to identify in the Electronic Export Information (EEI)
in AES.
    BIS estimates the addition of supplement no. 7 to part 746 will not
result in any additional license applications submitted to BIS
annually, because the export and reexport to Iran of items newly
subject to the EAR will be subject to the regulatory authority of the
U.S. Department of the Treasury's Office of Foreign Assets Control
(OFAC) to the extent the export or reexport is prohibited by 31 CFR
560.204 or 560.205 of the Iranian Transactions and Sanctions
Regulations, 31 CFR part 560 (ITSR); such exports and reexports
therefore will be subject to the licensing jurisdiction of OFAC and
eligible for general or specific licenses issued--pursuant to the ITSR
for purposes of these destination-based license requirements for Iran.
Any export, reexport, or transfer (in-country) subject to a part 744
end-use or end-user license requirements will still require a separate
authorization from BIS.
    B. Expansion of Russia/Belarus FDP rule and addition of new Iran
FDP rule for items identified in new supplement no. 7 to part 746.
    This rule makes two changes to Sec.  734.9 Foreign-Direct Product
(FDP)

Rules related to the new supplement no. 7 to part 746.
    1. Expansion of Russia/Belarus FDP rule. This rule revises the
existing Russia/Belarus FDP rule in paragraphs (f)(1)(i)(B) and
(f)(1)(ii)(B) of Sec.  734.9 to reference new supplement no. 7 to part
746, which expands the product scope of the Russia/Belarus FDP rule to
include items identified in new supplement no. 7 to part 746, even if
such items are designated EAR99 when they meet the FDP criteria under
paragraph (f). The items this rule adds to supplement no. 7 to part 746
includes ``parts'' and ``components'' that are used in UAVs that have
been found on the battlefield in Ukraine. As detailed above, Russia has
been relying on Iran's UAVs for use in strikes against Ukraine. Many of
the ``parts'' and ``components'' found in such UAVs are branded as U.S.
or U.S.-origin, including by referring to U.S. manufacturers. However,
such branding does not definitively indicate that such items were
produced in the United States. Thus, expanding the foreign direct
product rule to cover these items will help ensure that such products
are not available for shipment to Iran for use in the manufacture of
UAVs that are being used by Russia in Ukraine.
    This rule also revises paragraph (f)(1)(i)(B) and (f)(1)(ii)(B) of
Sec.  734.9 to remove the term ``identified'' and adds in its place the
phrase ``specified in any ECCN on the CCL.'' This rule also removes the
phrase ``or is not designated EAR99,'' because the phrase is no longer
needed with the other revisions made to these two paragraphs. These
changes will align the text more closely with the same type of text
used in the other FDP rules in Sec.  734.9.
    This rule also revises paragraph (f)(2) of Sec.  734.9 to remove
the phrase ``not designated EAR99'' and adding in its place the phrase
``specified in any ECCN on the CCL or in supplement no. 6 or 7.'' The
revision to add ``specified in any ECCN'' is a clarification and the
addition of ``supplement no. 6 or 7'' is a conforming change to reflect
the current scope of the Russia/Belarus FDP rule.
    BIS estimates these changes to Sec.  734.9(f) will not result in
any additional license applications submitted to BIS annually, because
even though this rule will add items subject to the EAR, the license
review policy of denial generally discourages applicants from
submitting licenses.
    2. Addition of new Iran FDP rule. This rule adds a new foreign
direct product rule under paragraph (j) (Iran FDP rule) of Sec.  734.9
of the EAR. This Iran FDP rule is generally modeled after the Russia/
Belarus FDP rule in Sec.  734.9(f), but with slight differences to make
the Iran FDP rule more narrowly targeted at Iran's UAV activities of
concern. The Iran FDP rule establishes jurisdiction over foreign-
produced items that are the direct product of U.S.-origin software or
technology classified in Categories 3 through 5 and 7 of the CCL, or
are produced by a plant or major component of a plant which itself is
the ``direct product'' of such software or technology. The product
scope is limited to foreign-produced items identified in supplement no.
7 to part 746--including items designated EAR99--and to items
classified in any ECCN in Categories 3 through 5 or 7 of the CCL.
    As further described below, transactions from or within countries
identified in supplement no. 3 to part 746 are exempted from the
license requirements for items subject to this new FDP rule.
    BIS estimates that the addition of paragraph (j) to Sec.  734.9
will result in an additional five license applications submitted to BIS
annually.
    C. Expansion of Iran controls under part 746 to impose license
requirements for items identified in new supplement no. 7 to part 746
and for foreign-produced items made subject to the EAR under the new
Iran FDP rule.
    In Sec.  746.7--Iran, this rule revises the fourth sentence of the
introductory text to the section to add a reference to new licensing
requirement paragraphs in Sec.  746.7. This rule also revises paragraph
(a) (License Requirements) for Iran by redesignating the existing text
of paragraph (a)(1) (apart from the paragraph (a)(1) heading) as new
paragraph (a)(1)(i) (CCL-based license requirements). This rule adds a
new license requirement to Sec.  746.7 under new paragraph (a)(1)(ii)
(Supplement no. 7 to part 746 of the EAR license requirements) for
export or reexport of items identified in new supplement no. 7 to part
746, and adds a new license requirement for the export from abroad or
reexport of foreign-produced items subject to the EAR because of the
new Iran FDP rule under new paragraph (a)(1)(iii). This rule also adds
new paragraph (a)(1)(iv) to exempt certain exports from abroad and
reexports from countries identified in supplement no. 3 to part 746
from the license requirement in paragraph (a)(1)(iii) and adds new
paragraph (a)(1)(v) to exempt items designated EAR99 and identified in
supplement no. 7 to part 746 from consideration as U.S.-origin
controlled content when incorporated into a foreign-made item exported
or reexported from a country identified in supplement no. 3 to part
746. The exemptions in paragraphs (a)(1)(iv) and (v) are similar in
regulatory construction to those that apply to the same countries for
purposes of export controls on Russia and Belarus in Sec.  746.8 of the
EAR.
    As a conforming change, this final rule also revises supplement no.
2 to part 734--Guidelines for De Minimis Rules, by revising the third
sentence of paragraph (a)(1), which specifies that exporters must use
the license requirements in part 746 for identifying U.S.-origin
controlled content for de minimis purposes (excluding U.S.-origin
content that meets the criteria in Sec.  746.8(a)(5)). This final rule
revises this parenthetical phrase to specify that U.S.-origin
controlled content that meets the criteria in Sec.  746.7(a)(1)(v) is
also excluded from de minimis calculations when identifying controlled
U.S.-origin content.
    As currently stated in Sec.  746.7 of the EAR, and as applied to
the new license requirements added by this rule, if a transaction is
authorized by the U.S. Department of the Treasury, Office of Foreign
Assets Control (OFAC), separate authorization from BIS is not required.
However, BIS authorization will generally be required for transactions
that require a license from BIS under the new Iran license requirements
added by this rule but that are not subject to the ITSR, unless an
exemption applies (e.g., exports of foreign-produced items subject to
the new Iran FDP rule that do not involve U.S. persons and that would
not qualify for an OFAC general license if subject to the ITSR).
    BIS adds a sentence to the end of new paragraph (a)(1)(iii) under
Sec.  746.7 to specify that reexports and exports from abroad of
foreign-produced items that would have otherwise met all of the terms
and conditions of an OFAC general license if the transactions had been
subject to OFAC license requirements are exempt from BIS license
requirements in paragraph (a)(1)(iii). This exemption was added because
of the potential for the Iran FDP rule to reach certain items that may
be used in applications other than to develop or produce Iran UAVs,
such as use in medical devices or communications devices authorized for
export or reexport to Iran under the ITSR. To the extent that foreign-
produced items subject to the EAR under the Iran FDP rule fall outside
the scope of OFAC jurisdiction, BIS will treat transactions involving
such foreign-produced items consistently with comparable transactions
that are eligible for OFAC general licenses if they were conducted by
U.S. persons or

involved reexports of items exported from the United States. Questions
about whether a transaction is exempt because it is comparable to a
transaction that would be authorized if subject to the ITSR should be
directed to OFAC.
    D. Conforming change to expand the scope of supplement no. 3 to
part 746 to reflect allied countries' exclusion from the new Iran FDP
rule.
    In supplement no. 3 to part 746--Countries Excluded from Certain
License Requirements, pursuant to Sec.  746.8, this rule revises the
heading of the supplement to add a reference to the Iran export
controls section under Sec.  746.7. This rule also adds a new second
sentence to the introductory text of the supplement to specify that the
countries in the supplement are excluded from certain requirements
related to Iran in Sec.  746.7 of the EAR, as described in Sec.
746.7(a)(1)(iv) and (v).

Savings Clause

    Shipments of items removed from eligibility for a License Exception
or export, reexport, or transfer (in-country) without a license (NLR)
as a result of this regulatory action that were en route aboard a
carrier to a port of export, reexport, or transfer (in-country), on
February 24, 2023, pursuant to actual orders for export, reexport, or
transfer (in-country) to or within a foreign destination, may proceed
to that destination under the previous eligibility for a License
Exception or export, reexport, or transfer (in-country) without a
license (NLR), provided the export, reexport, or transfer (in-country)
is completed no later than on March 27, 2023.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (codified, as
amended, at 50 U.S.C. 4801-4852). ECRA provides the legal basis for
BIS's principal authorities and serves as the authority under which BIS
issues this rule. To the extent it applies to certain activities that
are the subject of this rule, the Trade Sanctions Reform and Export
Enhancement Act of 2000 (TSRA) (codified, as amended, at 22 U.S.C.
7201-7211) also serves as authority for this rule.

Rulemaking Requirements

    1. This final rule is not a ``significant regulatory action''
because it ``pertain[s]'' to a ``military or foreign affairs function
of the United States'' under sec. 3(d)(2) of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number.
    This rule involves the following OMB-approved collections of
information subject to the PRA:
     0694-0088, ``Multi-Purpose Application,'' which carries a
burden hour estimate of 29.4 minutes for a manual or electronic
submission;
     0694-0096 ``Five Year Records Retention Period,'' which
carries a burden hour estimate of less than 1 minute; and
     0607-0152 ``Automated Export System (AES) Program,'' which
carries a burden hour estimate of 3 minutes per electronic submission.
    BIS estimates that these new controls on Iran under the EAR will
result in an increase of five license applications submitted annually
to BIS. However, the additional burden falls within the existing
estimates currently associated with these control numbers. Additional
information regarding these collections of information--including all
background materials--can be found at https://www.reginfo.gov/public/do/PRAMain by using the search function to enter either the title of
the collection or the OMB Control Number.
    3. This rule does not contain policies with federalism implications
as that term is defined in Executive Order 13132.
    4. Pursuant to section 1762 of the Export Control Reform Act of
2018 (50 U.S.C. 4821) (ECRA), this action is exempt from the
Administrative Procedure Act (APA) (5 U.S.C. 553) requirements for
notice of proposed rulemaking, opportunity for public participation,
and delay in effective date. While section 1762 of ECRA provides
sufficient authority for such an exemption, this action is also
independently exempt from these APA requirements because it involves a
military or foreign affairs function of the United States (5. U.S.C.
553(a)(1)).
    5. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required and none
has been prepared.

List of Subjects

15 CFR Part 734

    Administrative practice and procedure, Exports, Inventions and
patents, Research, Science and technology.

15 CFR Part 746

    Exports, Reporting and recordkeeping requirements.

    For the reasons stated in the preamble, parts 734 and 746 of the
Export Administration Regulations (15 CFR parts 730 through 774) are
amended as follows:

PART 734--SCOPE OF THE EXPORT ADMINISTRATION REGULATIONS

0
1. The authority citation for 15 CFR part 734 continues to read as
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp.,
p. 223; Notice of November 8, 2022, 87 FR 68015 (November 10, 2022).

0
2. Section 734.9 is amended by revising paragraphs (f)(1)(i)(B),
(f)(1)(ii)(B), and (f)(2) and adding paragraph (j) to read as follows:

Sec.  734.9  Foreign-Direct Product (FDP) Rules.

* * * * *
    (f) * * *
    (1) * * *
    (i) * * *
    (B) The foreign-produced item is specified in any ECCN on the CCL
or in supplement no. 6 or 7 to part 746 of the EAR; or
    (ii) * * *
    (B) The foreign-produced item is specified in any ECCN on the CCL
or in supplement no. 6 or 7 to part 746 of the EAR.
    (2) Destination scope of the Russia/Belarus FDP rule. A foreign-
produced item meets the destination scope of this paragraph (f)(2) if
there is ``knowledge'' that the foreign-produced item is destined to
Russia or Belarus or will be incorporated into or used in the
``production'' or ``development'' of any ``part,'' ``component,'' or
``equipment'' specified in any ECCN on the CCL or in supplement no. 6
or 7 to part 746 of the EAR and produced in or destined to Russia or
Belarus.
* * * * *
    (j) Iran FDP rule. A foreign-produced item is subject to the EAR if
it meets both the product scope in paragraph

(j)(1) of this section and the destination scope in paragraph (j)(2) of
this section. See Sec.  746.7 of the EAR for license requirements,
license review policy, and license exceptions applicable to foreign-
produced items that are subject to the EAR pursuant to this paragraph
(j).
    (1) Product scope of Iran FDP rule. The product scope applies if a
foreign-produced item meets the conditions of either paragraph
(j)(1)(i) or (ii) of this section.
    (i) ``Direct product'' of ``technology'' or ``software.'' A
foreign-produced item meets the product scope of this paragraph
(j)(1)(i) if the foreign-produced item meets both of the following
conditions:
    (A) The foreign-produced item is the ``direct product'' of U.S.-
origin ``technology'' or ``software'' subject to the EAR that is
specified in any ECCN in product groups D or E in Categories 3 through
5 or 7 of the CCL; and
    (B) The foreign-produced item is identified in supplement no. 7 to
part 746 of the EAR or is specified in any ECCN on the CCL in
Categories 3 through 5 or 7 of the CCL; or
    (ii) Product of a complete plant or 'major component' of a plant
that is a ``direct product.'' A foreign-produced item meets the product
scope of this paragraph (j)(1)(ii) if it meets both of the following
conditions:
    (A) The foreign-produced item is produced by any plant or 'major
component' of a plant that is located outside the United States, when
the plant or 'major component' of a plant, whether made in the United
States or a foreign country, itself is a ``direct product'' of U.S.-
origin ``technology'' or ``software'' subject to the EAR that is
specified in any ECCN in product groups D or E in Categories 3 through
5 or 7 of the CCL; and
    (B) The foreign-produced item is identified in supplement no. 7 to
part 746 of the EAR or is specified in any ECCN on the CCL in
Categories 3 through 5 or 7 of the CCL.
    (2) Destination scope of the Iran FDP rule. A foreign-produced item
meets the destination scope of this paragraph (j)(2) if there is
``knowledge'' that the foreign-produced item is destined to Iran or
will be incorporated into or used in the ``production'' or
``development'' of any ``part,'' ``component,'' or ``equipment,''
including any modified or designed ``components,'' ``parts,''
``accessories,'' and ``attachments'' therefor, identified in supplement
no. 7 to part 746 of the EAR or is specified in any ECCN on the CCL in
Categories 3 through 5 or 7 of the CCL that is located in or destined
to Iran.

0
3. Supplement no. 2 to part 734 is amended by revising the third
sentence of paragraph (a)(1) to read as follows:

Supplement No. 2 to Part 734--Guidelines for De Minimis Rules

    (a) * * *
    (1) * * * For purposes of identifying U.S.-origin controlled
content, you should consult the Commerce Country Chart in supplement
no. 1 to part 738 of the EAR and controls described in part 746 of the
EAR (excluding U.S.-origin content that meets the criteria in
Sec. Sec.  746.7(a)(1)(v) and 746.8(a)(5)). * * *
* * * * *

PART 746--EMBARGOES AND OTHER SPECIAL CONTROLS

0
4. The authority citation for 15 CFR part 746 is revised to read as
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503, Pub. L. 108-11, 117
Stat. 559; 22 U.S.C. 2151 note; 22 U.S.C. 6004; 22 U.S.C. 7201 et
seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p.
614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3
CFR, 2004 Comp., p 168; Presidential Determination 2003-23, 68 FR
26459, 3 CFR, 2004 Comp., p. 320; Presidential Determination 2007-7,
72 FR 1899, 3 CFR, 2006 Comp., p. 325; Notice of May 9, 2022, 87 FR
28749 (May 10, 2022).

0
5. Section 746.7 is amended by revising the fourth sentence of the
introductory text and paragraph (a)(1) to read as follows:

Sec.  746.7  Iran.

    * * * In addition, BIS maintains licensing requirements on exports
and reexports to or from Iran under the EAR as described in paragraphs
(a)(1)(i) through (iii) of this section or elsewhere in the EAR (see,
e.g., Sec.  742.8).
    (a) * * *
    (1) EAR license requirements--(i) CCL-based license requirements. A
license is required under the EAR to export or reexport to Iran any
item on the CCL containing a CB Column 1, CB Column 2, CB Column 3, NP
Column 1, NP Column 2, NS Column 1, NS Column 2, MT Column 1, RS Column
1, RS Column 2, CC Column 1, CC Column 2, CC Column 3, AT Column 1 or
AT Column 2 in the Country Chart Column of the License Requirements
section of an ECCN or classified under ECCNs 0A503, 0A980, 0A982,
0A983, 0E982, 1C355, 1C395, 1C980, 1C982, 1C983, 1C984, 2A994, 2D994,
2E994, 5A001.f.1, 5A980, 5D001 (for 5A001.f.1or for 5E001.a (for
5A001.f.1, or for 5D001.a (for 5A001.f.1)), 5D980, 5E001.a (for
5A001.f.1, or for 5D001.a (for 5A001.f.1)) or 5E980.
    (ii) Supplement no. 7 to part 746 of the EAR license requirements.
A license is required under the EAR to export or reexport to Iran any
item identified in supplement no. 7 to part 746 of the EAR when such
item is subject to the EAR for any reason other than Sec.  734.9(j) of
the EAR.
    (iii) Foreign-produced items subject to the EAR under Sec.
734.9(j) of the EAR (Iran FDP rule). Except as described in paragraph
(a)(1)(iv) of this section, a license is required to reexport or export
from abroad to Iran any foreign-produced item subject to the EAR under
the Iran FDP rule that is located in or destined to Iran. A Department
of Commerce license is not required for transactions described in this
paragraph (a)(1)(iii) that would have otherwise met all of the terms
and conditions of an OFAC general license if the transactions had been
subject to OFAC jurisdiction.
    (iv) Exclusion from license requirements under paragraph
(a)(1)(iii) of this section. Exports from abroad or reexports from the
countries described in supplement no. 3 to this part from the countries
described in supplement no. 3 are not subject to the license
requirements described in paragraph (a)(1)(iii) of this section, unless
a limit to the exclusion is described in the ``Scope'' column in
supplement no. 3.
    (v) Exclusion from scope of U.S.-origin controlled content under
paragraph (a)(1) of this section. For purposes of determining U.S.-
origin controlled content under supplement no. 2 to part 734 of the EAR
when making a de minimis calculation for reexports and exports from a
country described in supplement no. 3 to this part to Iran, the license
requirements in paragraph (a)(1)(ii) of this section are not used to
determine controlled U.S.-origin content in a foreign-made item,
provided the U.S.-origin content is identified in supplement no. 7 to
this part and is designated EAR99 and is not otherwise excluded from
the applicable ``Scope'' column in supplement no. 3 to this part.
* * * * *

0
6. Supplement no. 3 to part 746 is amended by:
0
a. Revising the heading of the supplement; and
0
b. Adding a sentence after the first sentence of the introductory text.
    The revision and addition read as follows:

Supplement No. 3 to Part 746--Countries Excluded From Certain License
Requirements of Sec. Sec.  746.7 and 746.8

    * * * In addition, these countries are excluded from the license
requirements related to Iran in Sec.  746.7, as described in Sec.
746.7(a)(1)(iv) and (v). * * *
* * * * *

0
7. Supplement no. 7 to part 746 is added to read as follows:

Supplement No. 7 to Part 746--Items That Require a License Under Sec.
746.7 When Destined to Iran and Under Sec.  746.8 When Destined to
Russia or Belarus

    The items identified in this supplement are a subset of items that
are identified in specific Export Control Classification Numbers or
designated as EAR99 under the Commerce Control List (CCL) in supplement
no. 1 to part 774 of the EAR. Also see paragraph (f) of Sec.  734.9 of
the EAR for the Russia/Belarus Foreign Direct Product (FDP) rule and
paragraph (j) for the Iran FDP rule. Both of these FDP rules include
the items identified in this supplement as part of the criteria for
what foreign made items are subject to the EAR.
    (a) The source for the Harmonized Tariff Schedule (HTS)-6 codes and
descriptions in this list is the United States International Trade
Commission (USITC's) Harmonized Tariff Schedule of the United States
(2023). The items described in this supplement include any modified or
designed ``components,'' ``parts,'' ``accessories,'' and
``attachments'' therefor regardless of the HTS Code or HTS Description
of the ``components,'' ``parts,'' ``accessories,'' and ``attachments,''
apart from any ``part'' or minor ``component'' that is a fastener
(e.g., screw, bolt, nut, nut plate, stud, insert, clip, rivet, pin),
washer, spacer, insulator, grommet, bushing, spring, wire, or solder.
This supplement includes two columns consisting of the HTS Code and HTS
Description to assist exporters, reexporters, and transferors in
identifying the products in this supplement. For information on HTS
codes in general, you may contact a local import specialist at U.S.
Customs and Border Protection at the nearest port.
    (b) The items classified under the provisions identified in the
HTS-6 Code column of this supplement are subject to the license
requirements under Sec. Sec.  746.7(a)(1)(ii) and (iii) and
746.8(a)(2). The other column--HTS Description--is intended to assist
exporters with their AES filing responsibilities. The license
requirements extend to HTS Codes at the 8 and 10 digit level when those
HTS-8 and HTS-10 codes begin with the HTS-6 Codes as the first 6
numbers of those longer HS Codes.

------------------------------------------------------------------------
       HTS-6 codes                        HTS description
------------------------------------------------------------------------
840710...................  Aircraft spark-ignition reciprocating or
                            rotary internal combustion piston engines.
840890...................  Compression-ignition internal combustion
                            piston engines (diesel or semi-diesel
                            engines), NESOI.
840910...................  Parts for spark-ignition or rotary internal
                            combustion piston engines or compression-
                            ignition internal combustion piston engines,
                            for aircraft.
847150...................  Processing units other than those of
                            subheading 8471.41 or 8471.49, whether or
                            not containing in the same housing one or
                            two of the following types of unit: storage
                            units, input units, output units.
851762...................  Machines for the reception, conversion and
                            transmission or regeneration of voice,
                            images or other data, including switching
                            and routing apparatus.
852691...................  Radio navigational aid apparatus.
853221...................  Tantalum capacitors.
853224...................  Fixed capacitors NESOI, multilayer ceramic
                            dielectric.
854231...................  Processors and controllers, whether or not
                            combined with memories, converters, logic
                            circuits, amplifiers, clock and timing
                            circuits, or other circuits.
854232...................  Memories.
854233...................  Amplifiers.
854239...................  Other electronic integrated circuits.
------------------------------------------------------------------------

Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2023-03930 Filed 2-24-23; 8:45 am]
BILLING CODE 3510-JT-P