[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Proposed Rules]
[Pages 70989-70991]
[FR Doc No: 2021-26979]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-1031; Airspace Docket No. 21-ASO-14]
RIN 2120-AA66

Proposed Amendment and Removal of VOR Federal Airways V-18, V-
115, V-222, V-241, V-245, V-311, V-321, V-325, V-333, V-415, V-417, and
V-463 in the Southeastern United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify 7 VHF Omnidirectional Range
(VOR) Federal Airways, (V-18, V-115, V-222, V-241, V-245, V-321, and V-
333) and remove 5 VOR Federal Airways, (V-311, V-325, V-415, V-417, and
V-463) in association with the Atlanta VOR Minimum Operation Network
(MON) project in the southeastern United States. This action is
necessary due to the planned decommissioning of the following five
ground-based navigational aids (NAVAIDs): Dyersburg, TN, (DYR) VOR and
Tactical Air Navigational System (VORTAC); Crimson, AL, (LDK) VORTAC;
Malden, MO, (MAW) VORTAC; Monticello, AR, (MON) VOR/DME; and the Muscle
Shoals, AL, (MSL) VOR/Distance Measuring Equipment (DME). This proposal
would provide for the safe and efficient use of navigable airspace
within the National Airspace System (NAS) while reducing NAVAID
dependencies throughout the NAS as part of the FAA VOR MON program.

DATES: Comments must be received on or before January 28, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 1
(800) 647-5527 or<PHONE_NUMBER>. You must identify FAA Docket No. FAA-
2021-1031; Airspace Docket No. 21-ASO-14 at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov. FAA Order JO 7400.11F, Airspace Designations and
Reporting Points, and subsequent amendments can be viewed online at
https://www.faa.gov/air_traffic/publications/. For further information,
you can contact the Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>. FAA Order JO 7400.11F is also available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of FAA Order JO 7400.11F at NARA,
email: [email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would modify the VOR Federal airway route structure in
the eastern United States to maintain the efficient flow of air
traffic.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2021-1031; Airspace Docket No. 21-ASO-14) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at https://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped

postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2021-1031; Airspace Docket No. 20-ASO-14.'' The postcard
will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Eastern Service Center, Federal
Aviation Administration, Room 210, 1701 Columbia Ave., College Park, GA
30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, dated August 10, 2021, and effective
September 15, 2021. FAA Order JO 7400.11F is publicly available as
listed in the ADDRESSES section of this proposed rule. FAA Order JO
7400.11F lists Class A, B, C, D, and E airspace areas, air traffic
service routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to modify 7 VOR
Federal airways (V-18, V-115, V-222, V-241, V-245, V-321, V-333) and
remove 5 VOR Federal airways (V-311, V-325, V-415, V-417, V-463). This
action is necessary due to the planned decommissioning of the five
following ground-based NAVAIDs: Dyersburg, TN, (DYR) VORTAC; Crimson,
AL, (LDK) VORTAC; Malden, MO, (MAW) VORTAC; Monticello, AR, (MON) VOR/
DME; and the Muscle Shoals, AL, (MSL) VORTAC. The proposed changes are
described below.
    When new navigation aid radials are proposed in an NPRM, both True
North (T) and Magnetic North (M) values are stated in route
descriptions. Only True North is specified in any subsequent final
rules.
    V-18: V-18 currently extends, in two parts: From Belcher, LA, (EIC)
VORTAC to Vulcan, AL, (VUZ) VORTAC; and, From Colliers, SC, (IRQ)
VORTAC to Charleston, SC, (CHS) VORTAC. The FAA proposes to remove the
segments from the Crimson, AL, (LDK) VORTAC to Vulcan, AL, and the
segment from Colliers, SC, to Charleston, SC. As proposed, V-18 would
extend between the Belcher, LA, (EIC) VORTAC and the Meridian, MS,
(MEI) VORTAC.
    V-115: V-115 currently consists of two parts: From the Crestview,
FL, (CEW) VORTAC, to the Volunteer, TN, (VXV) VORTAC; and From the
Charleston, WV, (HVQ) VOR/DME to the Parkersburg, WV, (JPU) VOR/DME.
The FAA proposes to remove the segments extending from the intersection
of the Montgomery, AL, (MGM) VORTAC 323[deg] and the Vulcan, AL, (VUZ)
VORTAC 177[deg] radials to the Choo Choo, TN, (GQO) VORTAC. Therefore,
the first part of V-115 would extend between the Crestview VORTAC and
the Montgomery VORTAC. A new second route segment would be inserted
from the intersection of the Hinch Mountain, TN, (HCH) VOR/DME
160[deg](T/)162[deg](M) and the Volunteer, TN, 228[deg](T)/231[deg](M)
radials, to the Volunteer VORTAC. Finally, the existing segment of V-
115 from the Charleston VORTAC to the Parkersburg VORTAC would remain
unchanged as a third part of the route.
    V-222: V-222 currently consists of two parts: From the El Paso, TX,
(ELP) VORTAC to the intersection of radials from the Lynchburg, VA,
(LYH) VOR/DME and the Columbus, GA, (CSG) VORTAC; and from the
intersection of radials from the Foothills, SC, (ODF) VOR/DME, and the
Harris, GA, (HRS) VORTAC to Lynchburg, VA. The FAA proposes to remove
the airway segments from the LaGrange, GA, (LGC) VORTAC to the
Lynchburg VOR/DME. Therefore, the proposed amended route would extend
between the El Paso VORTAC and the Montgomery, AL, (MGM) VORTAC.
    V-241: V-241 currently extends between the Semmes, AL, (SJI) VORTAC
and the intersection of the Columbus, GA, (CSG) VORTAC 010[deg] and the
LaGrange, GA, (LGC) VORTAC 048[deg] radials. The FAA proposes to remove
the segment that extends from the Columbus VORTAC to the intersection
of the Columbus 010[deg] and LaGrange 048[deg] radials. Therefore, the
proposed amended route would extend from Semmes VORTAC to the Eufaula,
AL, (EUF) VORTAC.
    V-245: V-245 currently extends from the Alexandria, LA, (AEX)
VORTAC to the Crimson, AL, (LDK) VORTAC. The FAA proposes to remove the
segment that extends from the intersection of the Bigbee, MS, (IGB)
VORTAC 082[deg] and Crimson 304[deg] radials to the Crimson VORTAC. As
proposed, the amended route would extend between the Alexandria VORTAC
and the Bigbee VORTAC.
    V-311: V-311 currently extends between the Hinch Mountain, TN,
(HCH) VOR/DME, and the Charleston, SC, (CHS) VORTAC. The FAA proposes
to remove the entire route.
    V-321: V-321 currently extends from the Pecan, GA, (PZD) VOR/DME to
the Livingston, TN, (LVT) VOR/DME. The FAA proposes to remove the
segment that extends from the Pecan VORTAC to the intersection of the
LaGrange, GA, (LGC) VORTAC 342[deg] and Gadsden, AL, (GAD) VOR/DME
124[deg]radials. Therefore, the proposed amended route would extend
from the Gadsden VOR/DME to the Livingston VOR/DME.
    V-325: V-325 currently extends from the Columbia, SC, (CAE) VORTAC,
to the intersection of the Foothills, SC, (ODF) VOR/DME 222[deg] and
Harris, GA, (HRS) VORTAC 187[deg] radials and then from the
intersection of the Rome, GA, (RMG) VORTAC 133[deg] and Gadsden, AL,
(GAD) VOR/DME 091[deg] radials to the Muscle Shoals, AL, (MSL) VORTAC.
The FAA proposes to remove the entire route.
    V-333: V-333 currently extends from the intersection of the Rome,
GA, (RMG) VORTAC 133[deg] and Gadsden, AL, (GAD) VOR/DME 091[deg]
radials, to the Lexington, KY, (HYK) VOR/DME. The FAA proposes to
remove the segments that extend from the intersection of the Rome, and
Gadsden radials to the Hinch Mountain, TN, (HCH) VOR/DME. The proposed
amended route would extend from the intersection of the Hinch Mountain
010[deg](T)/012[deg](M) and the Livingston, TN, 123[deg](T)/125[deg](M)
radials, to the Lexington VOR/DME.

    V-415: V-415 currently extends from the Montgomery, AL, (MGM)
VORTAC to the intersection of the Spartanburg, SC, (SPA) VORTAC
101[deg] and Charlotte, NC, (CLT) VOR/DME 229[deg] radials. The FAA
proposes to remove the entire route.
    V-417: V-417 currently extends from the Meridian, MS, (MEI) VORTAC
to the Charleston, SC, (CHS) VORTAC. The FAA proposes to remove the
entire route.
    V-463: V-463 currently extends from the intersection of the Harris,
GA, (HRS) VORTAC 179[deg] and Foothills, SC, (ODF) VOR/DME 222[deg]
radials, to the Harris VORTAC. The FAA proposes to remove the entire
route.
    Domestic VOR Federal airways are published in paragraph 6010(a) of
FAA Order JO 7400.11F, dated August 10, 2021, and effective September
15, 2021, which is incorporated by reference in 14 CFR 71.1. The VOR
Federal airways listed in this document would be subsequently published
in FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this proposed rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-18 [Amended]

    From Belcher, LA; Monroe, LA; Magnolia, MS; Meridian, MS.
* * * * *

V-115 [Amended]

    From Crestview, FL; INT Crestview 001[deg] and Montgomery, AL,
204[deg] radials; to Montgomery. From INT Hinch Mountain, TN,
160[deg](T)/162[deg](M) and Volunteer, TN, 228[deg](T)/231[deg](M)
radials; Volunteer. From Charleston, WV; to Parkersburg, WV.
* * * * *

V-222 [Amended]

    From El Paso, TX, via Salt Flat, TX; Fort Stockton, TX; 20 miles,
116 miles, 55 MSL, Junction, TX; Stonewall, TX; INT Stonewall 113[deg]
and Industry, TX, 267[deg] radials; Industry; INT Industry 101[deg] and
Humble 259[deg] radials; Humble; Beaumont, TX; Lake Charles, LA;
McComb, MS; Eaton, MS; Monroeville, AL; to Montgomery, AL.
* * * * *

V-241 [Amended]

    From Semmes, AL, via Crestview, FL; INT Crestview 076[deg] and
Wiregrass, AL, 232[deg] radials; Wiregrass; to Eufaula, AL.
* * * * *

V-245 [Amended]

    From Alexandria, LA, via Natchez, MS; Magnolia, MS; to Bigbee, MS.
* * * * *

V-311 [Removed]

* * * * *

V-321 [Amended]

    From Gadsden, AL; INT Gadsden 333[deg] and Rocket, AL, 149[deg]
radials; Rocket, Shelbyville, TN; Livingston, TN.
* * * * *

V-325 [Removed]

* * * * *

V-333 [Amended]

    From INT Hinch Mountain, TN, 010[deg](T)/012[deg](M) and
Livingston, KY, 123[deg](T)/125[deg](M) radials; to Lexington, KY.
* * * * *

V-415 [Removed]

* * * * *

V-417 [Removed]

* * * * *

V-463 [Removed]

* * * * *

    Issued in Washington, DC, on December 7, 2021.
Margaret C. Flategraff,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2021-26979 Filed 12-13-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 22, 2009 (Volume 74, Number 98)]
[Rules and Regulations]
[Page 23941-23949]
[DOCID:fr22my09-3]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 730, 734, 738, 740, 742, 743, 744, 746, 772 and 774

[Docket No.<PHONE_NUMBER>-7104-01]
RIN 0694-AD71

Revisions to License Requirements and License Exception
Eligibility for Certain Thermal Imaging Cameras and Foreign Made
Military Commodities Incorporating Such Cameras

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This rule imposes a license requirement for certain exports
and reexports of military commodities manufactured outside the United
States that are not subject to the International Traffic in Arms
Regulations, regardless of the level of U.S. origin content, if those
military commodities incorporate certain thermal imaging cameras that
are subject to the Export Administration Regulations. This rule also
removes Commerce Control List (CCL) based export and reexport license
requirements with respect to 36 destinations for certain thermal
imaging cameras when they are not incorporated into military
commodities and if they are not being exported or reexported to be
embedded in a civil product. It imposes a semi-annual reporting
requirement on the transactions from which it removes the CCL based
license requirements. This rule limits use of License Exception APR for
reexports of certain cameras controlled by Export Control
Classification Number 6A003.b.4.b and certain foreign made military
commodities incorporating such cameras. This rule imposes a license
requirement for software used to increase the frame rate of certain
cameras. BIS is making these changes in recognition of the emerging
availability of these cameras around the world, the export licensing
practices of other governments and the potential use of these cameras
in military applications.

DATES: Effective Date: This rule is effective May 22, 2009.

    Compliance Date: All reexports made ineligible for License
Exception APR by this rule and exports or reexports for which this rule
imposes a new license requirement must be in compliance with this rule
no later than June 22, 2009.

FOR FURTHER INFORMATION CONTACT: John Varesi, Sensors and Aviation
Division, Office of National Security and Technology Transfer Controls
(202) 482-1114 or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Export Administration Regulations (EAR) impose license
requirements on, among other things, imaging cameras incorporating non-
space-qualified, non-linear (2-dimensional) infrared focal plane
arrays, based on microbolometer material having individual elements
with an unfiltered response in the wavelength range equal to or
exceeding 8,000 nm but not exceeding 14,000 nm. Prior to publication of
this rule, these cameras were listed on the Commerce Control List (CCL)
with national security (NS column 2), regional stability (RS column 1),
antiterrorism (AT column 1) and United Nations embargo (UN) reasons for
control. The RS column 1 reason for control is the most restrictive of
these controls, imposing a license requirement on exports and reexports
to all destinations other than Canada. Prior to publication of this
rule, all of these cameras were also eligible under License Exception
APR for reexport from Country Group A:1 and cooperating countries to
Country Group D:1, and for reexport to Country Group A:1 and
cooperating countries as identified in Supplement No. 1 to part 740 of
the EAR.
    In light of the potential for these cameras to be used in military
applications as well as the growing number of foreign suppliers and the
export license policies of other governments with respect to the
destinations that form major markets for thermal imaging cameras, a
revision of CCL based license requirements on certain cameras is
warranted.
    These cameras have the potential for military application,
including incorporation into military commodities in ways that
significantly enhance the capabilities of the military commodity.
Therefore, in this rule, BIS is asserting licensing jurisdiction over
military commodities manufactured outside the United States that
incorporate certain cameras that are listed on the CCL. This rule
adopts a definition of military commodity that is based on the
Munitions List that is published by the Wassenaar Arrangement on Export
Controls for Conventional Arms and Dual-Use Goods and Technologies
(WAML) and the United States Munitions List (22 CFR Part 121). However,
to prevent redundant coverage, this military commodity provision does
not apply to items that are controlled by Export Control Classification
Numbers (ECCNs) that end in the numerals ``018'' because such ECCNs
apply to items on the WAML and are already subject to the EAR. This
rule also revises controls based on camera performance level as
measured by the number of elements in the camera's focal plane array,
its frame rate and whether the camera is being exported or reexported
to be embedded in a civil product. A camera that incorporates a focal
plane array with more elements generally can record more detail about
an image than can an otherwise identical camera that incorporates an
array with fewer elements. A camera with a higher frame rate generally
can capture more detail about the path of a moving object and depict
the motion of objects more smoothly than can an otherwise identical
camera with a lower frame rate. Cameras that will be embedded in a
civil product pose concerns that are difficult to resolve without
knowing the type of civil product into which the camera will be
embedded.

Changes Being Made by This Rule

Application of EAR to Military Commodities Not Otherwise Subject to the
EAR or to the ITAR That Incorporate Certain Infrared Cameras

    This rule makes the de minimis provisions of the EAR inapplicable
to military commodities made outside the United States that are not
subject to the International Traffic in Arms Regulations (ITAR) (22 CFR
Parts 120--130) and that incorporate cameras that are described in ECCN
6A003.b.4.b.
    The rule also imposes a regional stability (RS column 1) license
requirement on such military commodities for reexport, thereby
requiring a license to any destination other than Canada. However, this
license requirement does not apply if the export or reexport is part of
a military deployment by any unit of the government of Australia,
Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark,
Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland,
Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, the Netherlands,
New Zealand, Norway, Poland, Portugal, Romania, Slovakia, Slovenia,
South Africa, South Korea, Spain, Sweden, Switzerland, Turkey, the
United Kingdom or the United States. Applications to reexport such
military commodities will be reviewed in a manner that is consistent
with the policies for similar military commodities that are subject to
the ITAR.
    The rule accomplishes these changes by revising Sec.  734.4 to make
foreign made military commodities containing ECCN 6A003.b.4.b cameras
ineligible for de minimis treatment, by revising Sec.  742.6(a)(2) to
apply the RS column 1 license requirement and United States Munitions
List licensing policy to military commodities controlled by ECCN 0A919,
by revising Sec.  772.1 adding a definition of ``military commodity,''
and by revising Supplement No. 1 to part 774 to create a new ECCN 0A919
to apply to military commodities made outside the United States that
are not subject to the ITAR. This rule also imposes anti-terrorism (AT
Column 1) and United Nations (arms embargo, Rwanda) license
requirements and licensing policy to military commodities controlled by
ECCN 0A919.
    This rule also revises the treatment of thermal imaging cameras
that incorporate focal plane arrays as described below.

Retention of Current License Requirements and License Application
Review Policy for the Higher Frame Rates and Number of Elements in the
Cameras' Focal Plane Arrays and for Cameras Being Exported or
Reexported To Be Embedded in a Civil Product

    Thermal imaging cameras described in ECCN 6A003.b.4.b that have a
frame rate greater than 60 Hz or that incorporate a focal plane array
with more than 111,000 elements or that are being exported or
reexported to be embedded in a civil product continue to be subject to
NS column 2, RS column 1, AT column 1 and UN reasons for control. These
cameras generally will continue to require a license based on CCL
license requirements for all destinations other than Canada. This rule
retains this license requirement through revised language to the RS
column 1 license requirement paragraph in ECCN 6A003, applying that
requirement to cameras in ECCN 6A003.b.4.b that have a frame rate
greater than 60 Hz or a focal plane array with more than 111,000
elements or that are being exported or reexported to be embedded in a
civil product. However, pursuant to this rule, BIS may issue licenses
that remove the RS column 1 license requirement for cameras that are
fully-packaged for use as consumer-

ready civil products for exports or reexports to Australia, Austria,
Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland,
France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan,
Latvia, Lithuania, Luxembourg, Malta, the Netherlands, New Zealand,
Norway, Poland, Portugal, Romania, Slovakia, Slovenia, South Africa,
South Korea, Spain, Sweden, Switzerland, Turkey, and the United
Kingdom.

Removal of Commerce Control List Based License Requirements for 36
Countries and Revision of License Application Review Policy for Certain
Other Countries for Cameras With Lower Frame Rates and Number of
Elements in the Cameras' Focal Plane Arrays That Are Not Being Exported
or Reexported To Be Embedded in a Civil Product

    This rule removes all CCL based license requirements for cameras
described in ECCN 6A003.b.4.b that incorporate focal plane arrays with
not more than 111,000 elements and that have a frame rate of 60 Hz or
less and that are not being exported or reexported to be embedded in a
civil product when being exported or reexported to Australia, Austria,
Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland,
France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan,
Latvia, Lithuania, Luxembourg, Malta, the Netherlands, New Zealand,
Norway, Poland, Portugal, Romania, Slovakia, Slovenia, South Africa,
South Korea, Spain, Sweden, Switzerland, Turkey, and the United
Kingdom. Exports and reexports of the cameras to Canada will continue
to have no Commerce Control List based license requirements.
    In addition, pursuant to this rule, BIS may issue licenses that
remove the RS column 1 license requirement for exports and reexports to
authorized companies as named in the license for the purpose of
embedding such camera into a completed product that will be distributed
only in Australia, Austria, Belgium, Bulgaria, Cyprus, Czech Republic,
Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland,
Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, the
Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Slovakia,
Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland,
Turkey, and the United Kingdom.
    This rule also revises license application review policy for
cameras described in ECCN 6A003.b.4.b that incorporate focal plane
arrays with not more than 111,000 elements and that have a frame rate
of 60 Hz or less and that are not being exported or reexported to be
embedded in a civil product when such cameras are being exported or
reexported to most destinations for which a license is required for
regional stability reasons. Applications to export or reexport cameras
incorporating a focal plane array with not more than 111,000 elements
and a frame rate of 60 Hz or less and that are not being exported or
reexported to be embedded in a civil product will be evaluated under
the regional stability policy (RS column 2) set forth in Sec.
742.6(b)(2) of the EAR, i.e., ``will generally be considered favorably
on a case-by-case basis unless there is evidence that the export or
reexport would contribute significantly to the destabilization of the
region to which the equipment is destined.''

Imposition of Reporting Requirement

    This rule imposes a new reporting requirement with respect to
exports for which this rule's revision or removal of regional stability
as a reason for control results in the removal of all CCL based license
requirements. Exporters of cameras described in ECCN 6A003.b.4.b will
have to report semiannually to BIS by e-mail the name, address and
telephone number of the exporter; the date of each export; the name,
address and telephone number of the consignee or end user; the model
number(s); the serial number of each exported camera that has a serial
number; and the quantity of each model number of camera exported
without a license to Australia, Austria, Belgium, Bulgaria, Cyprus,
Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece,
Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg,
Malta, the Netherlands, New Zealand, Norway, Poland, Portugal, Romania,
Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden,
Switzerland, Turkey, and the United Kingdom. BIS will use the
information in these reports to verify that the cameras subject to this
regulation are continuing to be sold to appropriate end-users and that
the changes in controls are not jeopardizing U.S. national security or
foreign policy interests. The rule imposes this reporting requirement
by adding a new Sec.  743.3--Thermal Imaging Camera Reporting.

Limitation on Use of License Exception APR for Cameras in ECCN
6A003.b.4.b

    This rule limits use of License Exception APR for cameras described
in ECCN 6A003.b.4.b by making such cameras ineligible for reexport
under paragraph (a) of License Exception APR, and limits their reexport
under paragraph (b) to destinations and for purposes for which they
would not have a CCL based license requirement if exported from the
United States. BIS is making this change to enable BIS to inform, via
license conditions, the recipients of the reexports of the need to
obtain a license for further reexports.

Revised Treatment of Cambodia and Laos With Respect to Paragraph (a) of
License Exception APR

    This rule revises the treatment of Cambodia and Laos as eligible
destinations under License Exception APR. Although both countries are
in Country Group D:1 and not in Country Group B, prior to publication
of this rule, for purposes of License Exception APR, paragraph (a) they
were treated as if the were in Country Group B (the items eligible for
reexport under paragraph (a) of License Exception APR vary based on the
country group in which the destination is located). Upon publication of
this rule, they will be treated in the a same manner as other members
of Country Group D:1 BIS is making this change because current national
security interests of the United States do not support such disparate
treatment of countries in Country Group D:1.

New End-User and End-Use License Requirements

    In recognition of the fact that these cameras could be used in
military activities, this rule imposes a license requirement on exports
and reexports to all destinations other than Canada, when the exporter
or reexporter knows, at the time of export or reexport, that the item
will be used by a military end-user or will be incorporated into a
military commodity described in ECCN 0A919 as created by this rule. The
rule defines military end-user as national armed services (army, navy,
marine, air force, or coast guard), as well as the national guard and
national police, government intelligence or reconnaissance
organizations, or any person or entity whose actions or functions are
intended to support ``military end-uses'' as defined in Sec.
744.17(d).
    This rule also imposes a license requirement if BIS informs an
exporter or reexporter, either individually by specific notice or
through amendment to the EAR, that a license is required for export or
reexport of items described in ECCN 6A003.b.4.b to specified end-users,
because BIS has determined that there is an unacceptable risk of
diversion to military end-users. Amendments to the EAR informing
parties of such risk are in the form of amendments to the Entity List

(Supplement No. 4 to part 744 of the EAR).

Addition of Certain Cameras to the List of Items That Require a License
for Export, Reexport or Transfer to Certain Military End Uses in China

    Supplement No. 2 to part 744 of the EAR lists items for which Sec.
744.21 of the EAR requires a license for the export, reexport or
transfer to certain military end-uses in the People's Republic of
China. This rules adds cameras controlled by ECCN 6A993 to Supplement
No. 2 to part 744. BIS is taking this action consistent with United
States Government policy of not supporting China's military
modernization efforts.

Imposition of License Requirement for Software To Raise the Frame Rate
of Cameras Above 9 Hz

    This rule adds a new ECCN 6D994 to apply RS column 1 licensing
requirement to software that is capable of increasing to more than 9
Hz, the frame rate of cameras that incorporate focal plane arrays
controlled by 6A002.a.3.f. This new ECCN will allow BIS to impose a
license requirement on software that could be used to raise the frame
rate of previously exported cameras to a level equivalent to that of
cameras that require a license for export.

Rulemaking Requirements

    1. This rule is not a significant rule for purposes of Executive
Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to nor 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 regulation contains
a collection previously approved by the OMB under control numbers 0694-
0088, (Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748.
Miscellaneous and recordkeeping activities account for 12 minutes per
submission. BIS estimates that this rule will reduce the total burden
hours associated with this collection by 1,750 annually.
    The reporting requirement for exports of cameras described in ECCN
6A3.b.4.b, imposed by this rule is a new collection of information.
This new collection has been approved by OMB under control number 0694-
0133. The estimated burden associated with this new collection is 60
hours annually.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military or foreign affairs function
of the United States (see 5 U.S.C. 553(a)(1)). Further, no other law
requires that a notice of proposed rulemaking and an opportunity for
public comment be given for this rule. 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.

List of Subjects

15 CFR Part 730

    Administrative practice and procedure, Advisory committees,
Exports, Reporting and recordkeeping requirements, Strategic and
critical materials.

15 CFR Part 734

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

15 CFR Part 740

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

15 CFR Parts 738 and 772

    Exports.

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 743

    Administrative practice and procedure, Reporting and recordkeeping
requirements.

15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

15 CFR Parts 746 and 774

    Exports, Reporting and recordkeeping requirements.

0
For the reasons set forth in the preamble, the Export Administration
Regulations (15 CFR parts 730-774) are amended as follows:

PART 730--[AMENDED]

0
1. The authority citation for part 730 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151
note; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s),
185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C.
app. 466c; 50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
E.O. 11912, 41 FR 15825, 3 CFR, 1976 Comp., p. 114; E.O. 12002, 42
FR 35623, 3 CFR, 1977 Comp., p. 133; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12214, 45 FR 29783, 3 CFR, 1980 Comp., p.
256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12854,
58 FR 36587, 3 CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR 28205, 3
CFR, 1994 Comp., p. 899; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp.,
p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O.
12981, 60 FR 62981, 3 CFR, 1995 Comp., p. 419; 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. 13099, 63 FR 45167, 3 CFR, 1998 Comp.,
p.208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O.
13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; E.O. 13338, 69 FR
26751, May 13, 2004; Notice of July 23, 2008, 73 FR 43603 (July 25,
2008); Notice of November 10, 2008, 73 FR 67097 (November 12, 2008).

0
2. Supplement No. 1 to part 730 is amended by adding to the table
immediately following the entry for collection number 0694-0132 and
immediately preceding the entry for 0964-0134, the following new entry.

Supplement No. 1 to Part 730--Information Collection Requirements Under
the Paperwork Reduction Act: OMB Control Numbers

* * * * *

------------------------------------------------------------------------
                                                           Reference in
         Collection No.                   Title               the EAR
------------------------------------------------------------------------

                              * * * * * * *
0694-0133......................  Thermal Imaging Camera     Sec.   743.3
                                  Reporting.

                              * * * * * * *
------------------------------------------------------------------------

PART 734--[AMENDED]

0
3. The authority citation for part 734 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 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; Notice of July 23, 2008, 73 FR 43603 (July 25, 2008); Notice of
November 10, 2008, 73 FR 67097 (November 12, 2008).

0
4. Section 734.4 is amended by redesignating paragraph (a)(5) as
paragraph (a)(6) and adding a new paragraph (a)(5) to read as follows:

Sec.  734.4  De Minimis U.S. content.

    (a) * * *
    (5) There is no de minimis level for foreign made military
commodities that incorporate cameras classified under ECCN 6A003.b.4.b
if such cameras would be subject to the EAR as separate items and if
the foreign made military commodity is not subject to the International
Traffic in Arms Regulations (22 U.S.C. Parts 120-130).
* * * * *

PART 738--[AMENDED]

0
5. The authority citation for part 738 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5;
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; Notice of July 23, 2008, 73 FR 43603 (July 25, 2008).

0
6. In Supplement No. 1 to part 738, The Commerce Country Chart, add:
0
a. References to footnote number 2 in the rows for Cyprus, Malta and
South Africa,
0
b. References to footnote number 3 in the rows for Australia, Austria,
Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland,
France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan,
Korea, South, Latvia, Lithuania, Luxembourg, Malta, Netherlands, New
Zealand, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, South
Africa, Spain, Sweden, Switzerland, Turkey, and United Kingdom.
0
c. References to footnote number 4 in rows for the countries Austria,
Cyprus, Finland, Ireland, Korea, South, Malta, South Africa, Sweden,
and Switzerland; and
0
d. New footnotes 2 through 4 to the table to read as follows:

Supplement No. 1 to Part 738--Commerce Country Chart

* * * * *
    \2\ See Sec.  742.4(a) for special provisions that apply to
exports and reexports to these countries of certain thermal imaging
cameras.
    \3\ See Sec.  742.6(a)(3) for special provisions that apply to
military commodities that are subject to ECCN 0A919.
    \4\ See Sec.  742.6(a)(2) and (4)(ii) regarding special
provisions for exports and reexports of certain thermal imaging
cameras to these countries.

PART 740--[AMENDED]

0
7. The authority citation for part 740 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
Sec. 901-911, Public Law 106-387; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of July 23, 2008, 73 FR 43603 (July 25, 2008).

0
8. Section 740.2 is amended by adding paragraph (a)(11) to read as
follows:

Sec.  740.2  Restrictions on all License Exceptions.

    (a) * * *
    (11) The item is a ``military commodity'' subject to ECCN 0A919,
except that such military commodities may be reexported in accordance
with Sec.  740.11(b)(2)(ii) (official use by personnel and agencies of
the U.S. Government).
* * * * *

0
9. Section 740.16 is amended by revising paragraph (a)(2), paragraph
(a)(3)(i), paragraph (a)(3)(ii) and paragraph (b) to read as follows:

Sec.  740.16  Additional permissive reexports (APR).

* * * * *
    (a) * * *
    (2) The commodities being reexported are not controlled for NP, CB,
MT, SI or CC reasons and are not military commodities described in ECCN
0A919 or cameras described in ECCN 6A003.b.4.b; and
    (3) * * *
    (i) A country in Country Group B that is not also included in
Country Group D:2, D:3, or D:4; and the commodity being reexported is
both controlled for national security reasons and not controlled for
export to Country Group A:1; or
    (ii) A country in Country Group D:1 (National Security) (see
Supplement No. 1 to part 740), other than North Korea and the commodity
being reexported is controlled for national security reasons.
    (b) Reexports to and among specified countries. (1) Commodities
that are not controlled for nuclear nonproliferation or missile
technology reasons and that are not listed in paragraph (b)(2) or
(b)(3) of this section may be reexported to and among Country Group A:1
and cooperating countries, provided that eligible commodities are for
use or consumption within a Country Group A:1 (see Supplement No. 1 to
part 740) or cooperating country, or for reexport from such country in
accordance with other provisions of the EAR.* * *
    (2) Except as provided in paragraph (b)(3) of this section, cameras
described in ECCN 6A003.b.4.b and ``military commodities'' described in
ECCN 0A919 may not be exported under this paragraph (b).
    (3) Cameras described in ECCN 6A003.b.4.b may be exported or
reexported to and among: Australia, Austria, Belgium, Bulgaria, Canada,
Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany,
Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania,
Luxembourg, Malta, the Netherlands, New Zealand, Norway, Poland,
Portugal, Romania, Slovakia, Slovenia, South Africa, South Korea,
Spain, Sweden, Switzerland, Turkey, and the United Kingdom if:
    (i) Such cameras are fully packaged for use as consumer ready civil
products; or, (ii) Such cameras with not more than 111,000 elements are
to be embedded in civil products.
* * * * *

PART 742--[AMENDED]

0
10. The authority citation for 15 CFR part 742 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; Sec 1503, Public Law 108-11, 117 Stat. 559; E.O. 12058,
43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3
CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp.,
p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential
Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003;
Notice of July 23, 2008, 73 FR 43603 (July 25, 2008); Notice of
November 10, 2008, 73 FR 67097 (November 12, 2008).

0
11. Section 742.4 is amended by revising the third sentence of
paragraph (a) and by adding a new sentence immediately following that
third sentence to read as follows:

Sec.  742.4  National security.

    (a) * * * A license is required to all destinations except Country
Group A:1 and cooperating countries (see Supplement No. 1 to part 740),
Bulgaria, Czech Republic, Estonia, Hungary, Iceland, Latvia, Lithuania,
Poland, Romania, Slovakia, and Slovenia for all items in ECCNs on the
CCL that include NS column 2 in the Commerce Country Chart column of
the ``License Requirements'' section except those cameras in ECCN
6A003.b.4.b that have a focal plane array with 111,000 or fewer
elements and a frame rate of 60 Hz or less. A license is required to
all destinations except Australia, Austria, Belgium, Bulgaria, Canada,
Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany,
Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania,
Luxembourg, Malta, the Netherlands, New Zealand, Norway, Poland,
Portugal, Romania, Slovakia, Slovenia, South Africa, South Korea,
Spain, Sweden, Switzerland, Turkey, and the United Kingdom for those
cameras in ECCN 6A003.b.4.b that have a focal plane array with 111,000
or fewer elements and a frame rate of 60 Hz or less and for cameras
being exported or reexported pursuant to an authorization described in
Sec.  742.6(a)(2)(iii) or (v) of the EAR.* * *
* * * * *

0
12. Section Sec.  742.6 is amended by revising paragraph (a) and
paragraph (b)(1) and paragraph (b)(2) to read as follows:

Sec.  742.6  Regional stability.

    (a) License requirements. The following controls are maintained in
support of U.S. foreign policy to maintain regional stability:
    (1) RS Column 1 License Requirements in General. As indicated in
the CCL and in RS column 1 of the Commerce Country Chart (see
Supplement No. 1 to part 738 of the EAR), a license is required to all
destinations, except Canada, for items described on the CCL under ECCNs
6A002.a.1, a.2, a.3, .c, or .e; 6A003.b.3, and b.4.a; 6A008.j.1;
6A998.b; 6D001 (only ``software'' for the ``development'' or
``production'' of items in 6A002.a.1, a.2, a.3, .c; 6A003.b.3 and .b.4;
or 6A008.j.1); 6D002 (only ``software'' for the ``use'' of items in
6A002.a.1, a.2, a.3, .c; 6A003.b.3 and .b.4; or 6A008.j.1); 6D991 (only
``software'' for the ``development,'' ``production,'' or ``use'' of
equipment controlled by 6A002.e or 6A998.b); 6E001 (only technology''
for ``development'' of items in 6A002.a.1, a.2, a.3 (except
6A002.a.3.d.2.a and 6A002.a.3.e for lead selenide focal plane arrays),
and .c or .e, 6A003.b.3 and b.4, or 6A008.j.1); 6E002 (only
``technology'' for ``production'' of items in 6A002.a.1, a.2, a.3, .c,
or .e, 6A003.b.3 or b.4, or 6A008.j.1); 6E991 (only ``technology'' for
the ``development,'' ``production,'' or ``use'' of equipment controlled
by 6A998.b); 6D994; 7A994 (only QRS11-00100-100/101 and QRS11-0050-443/
569 Micromachined Angular Rate Sensors); 7D001 (only ``software'' for
``development'' or ``production'' of items in 7A001, 7A002, or 7A003);
7E001 (only ``technology'' for the ``development'' of inertial
navigation systems, inertial equipment, and specially designed
components therefor for civil aircraft); 7E002 (only ``technology'' for
the ``production'' of inertial navigation systems, inertial equipment,
and specially designed components therefor for civil aircraft); 7E101
(only ``technology'' for the ``use'' of inertial navigation systems,
inertial equipment, and specially designed components for civil
aircraft).
    (2) Special RS Column 1 license requirements applicable to certain
thermal imaging cameras.
    (i) As indicated in the CCL and in RS Column 1 of the Commerce
Country Chart, cameras described in 6A003 b.4.b require a license to
all destinations other than Canada if such cameras have a frame rate
greater than 60 Hz.
    (ii) Except as noted in paragraph (a)(2)(iii) of this section, as
indicated in the CCL and in RS Column 1 of the Commerce Country Chart,
cameras described in 6A003 b.4.b require a license to all destinations
other than Canada if such cameras incorporate a focal plane array with
more than 111,000 elements and a frame rate of 60 Hz or less, or
cameras described in 6A003 b.4.b that are being exported or reexported
to be embedded in a civil product.
    (iii) BIS may issue licenses for cameras subject to the license
requirement of paragraph (a)(2)(ii) of this section that are fully-
packaged for use as consumer-ready civil products that, in addition to
the specific transactions authorized by such license, authorize exports
and reexports of such cameras without a license to any civil end-user
to whom such exports or reexport are not otherwise prohibited by U.S.
law in Australia, Austria, Belgium, Bulgaria, Cyprus, Czech Republic,
Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland,
Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, the
Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Slovakia,
Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland,
Turkey, and the United Kingdom. The license requirements of this
paragraph (a)(2) shall not apply to exports or reexports so authorized.
In this paragraph, the term ``civil end-user'' means any entity that is
not a national armed service (army, navy, marine, air force, or coast
guard), national guard, national police, government intelligence
organization or government reconnaissance organization, or any person
or entity whose actions or functions are intended to support ``military
end-uses'' as defined in 744.17(d).
    (iv) Except as noted in paragraph (a)(2)(v) of this section, as
indicated in the CCL and in RS Column 1 of the Commerce Country Chart,
cameras described in 6A003 b.4.b require a license to all destinations
other than Canada if such cameras incorporate a focal plane array with
111,000 elements or less and a frame rate of 60 Hz or less and are
being exported or reexported to be embedded in a civil product.
    (v) BIS may also issue licenses for the cameras described in
paragraph (a)(2)(iv) that, in addition to the specific transactions
authorized by such license, authorize exports and reexports to
authorized companies described in the license for the purpose of
embedding such cameras into a completed product that will be
distributed only in Australia, Austria, Belgium, Bulgaria, Cyprus,
Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece,
Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg,
Malta, the Netherlands, New Zealand, Norway, Poland, Portugal, Romania,
Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden,
Switzerland, Turkey, and the United Kingdom. The

license requirements of this paragraph (a)(2) shall not apply to
exports or reexports so authorized. In this paragraph, the term
``authorized companies'' means companies that have been previously
licensed for export, are not the subject of relevant negative
intelligence or open source information, have not been the subject of a
Department of Commerce or Department of State enforcement action within
the past two years, have demonstrable production capacity, and do not
pose an unacceptable risk of diversion.
    (3) Special RS Column 1 license requirement applicable to military
commodities. A license is required for reexports to all destinations
except Canada for items classified under ECCN 0A919 except when such
items are being reexported as part of a military deployment by a unit
of the government of Australia, Austria, Belgium, Bulgaria, Canada,
Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany,
Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania,
Luxembourg, Malta, the Netherlands, New Zealand, Norway, Poland,
Portugal, Romania, Slovakia, Slovenia, South Africa, South Korea,
Spain, Sweden, Switzerland, Turkey, the United Kingdom or the United
States.
    (4) RS Column 2 license requirements.
    (i) License Requirements Applicable to Most RS Column 2 Items. As
indicated in the CCL and in RS Column 2 of the Commerce Country Chart
(see Supplement No. 1 to part 738 of the EAR), a license is required to
any destination except Australia, Japan, New Zealand, and countries in
the North Atlantic Treaty Organization (NATO) for items described on
the CCL under ECCNs 0A918, 0E918, 2A983, 2D983, 2E983, 8A918, and for
military vehicles and certain commodities (specially designed) used to
manufacture military equipment, described on the CCL in ECCNs 0A018.c,
1B018.a, 2B018, 9A018.a and .b, 9D018 (only software for the ``use'' of
commodities in ECCN 9A018.a and .b), and 9E018 (only technology for the
``development'', ``production'', or ``use'' of commodities in 9A018.a
and .b).
    (ii) Special RS Column 2 license requirements applicable only to
certain cameras. As indicated by the CCL, and RS column 2 and footnote
number 4 to the Commerce Country Chart, a license is required to any
destination except Australia, Austria, Belgium, Bulgaria, Canada,
Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany,
Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania,
Luxembourg, Malta, the Netherlands, New Zealand, Norway, Poland,
Portugal, Romania, Slovakia, Slovenia, South Africa, South Korea,
Spain, Sweden, Switzerland, Turkey, and the United Kingdom for fully-
packaged thermal imaging cameras for use as consumer-ready civil
products controlled by 6A003.b.4.b when incorporating ``focal plane
arrays'' that have not more than 111,000 elements and a frame rate of
60 Hz or less and that are not being exported or reexported to be
embedded in a civil product.
    (5) RS requirements that apply to Iraq. As indicated on the CCL, a
license is required for the export or reexport to Iraq or transfer
within Iraq of the following items controlled for RS reasons on the
CCL: 0B999, 0D999, 1B999, 1C992, 1C995, 1C997, 1C999 and 6A992. The
Commerce Country Chart is not designed to determine RS licensing
requirements for these ECCNs.
    (6) RS requirement that applies to Hong Kong. A license is required
to export or reexport to Hong Kong any item controlled in ECCN
6A003.b.4.b
    (b) * * *
    (1) Applications for exports and reexports described in paragraph
(a)(1), (a)(2) or (a)(6) of this section will be reviewed on a case-by-
case basis to determine whether the export or reexport could contribute
directly or indirectly to any country's military capabilities in a
manner that would alter or destabilize a region's military balance
contrary to the foreign policy interests of the United States.
Applications for reexports of items described in paragraph (a)(3) of
this section will be reviewed applying the policies for similar
commodities that are subject to the International Traffic in Arms
Regulations (22 CFR Parts 120-130).
    (2) Applications to export and reexport commodities described in
paragraph (a)(4) of this section will generally be considered favorably
on a case-by-case basis unless there is evidence that the export or
reexport would contribute significantly to the destabilization of the
region to which the equipment is destined.
* * * * *

PART 743--[AMENDED]

0
13. The authority citation for part 743 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; Public Law 106-508; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of July 23, 2008, 73 FR 43603 (July 25, 2008).

0
14. Add Sec.  743.3 to read as follows:

Sec.  743.3  Thermal imaging camera reporting.

    (a) General requirement. Exports of thermal imaging cameras must be
reported to BIS as provided in this section.
    (b) Transactions to be reported. Exports that are not authorized by
an individually validated license of thermal imaging cameras controlled
by ECCN 6A003.b.4.b to Australia, Austria, Belgium, Bulgaria, Cyprus,
Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece,
Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg,
Malta, the Netherlands, New Zealand, Norway, Poland, Portugal, Romania,
Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden,
Switzerland, Turkey, or the United Kingdom must be reported to BIS.
    (c) Party responsible for reporting. The exporter as defined in
Sec.  772.1 of the EAR must ensure the reports required by this section
are submitted to BIS.
    (d) Information to be included in the reports. For each export
described in paragraph (b) of this section, the report must identify:
the name, address, and telephone number of the exporter; the date of
each export; the name, address and telephone number of the consignee or
end user; the model number(s) of each camera exported; the serial
number of each exported camera that has a serial number; and the
quantity of each model number of camera exported. (Note: Technical
specifications may be requested on an as needed basis and must be
provided to BIS after any such request.)
    (e) Where to submit reports. Submit the reports via e-mail to
<EMAIL_ADDRESS>    (d) Reporting periods and due dates. This reporting requirement
applies to exports made on or after May 22, 2009. Exports must be
reported within one month of the reporting period in which the export
takes place. The first reporting period begins on May 22, 2009 and runs
through June 30, 2009. Subsequent reporting periods shall begin on
January 1 and July 1 of each year, and shall run through June 30, and
December 31 respectively. Exports in each reporting period must be
reported to BIS no later than the last day of the month following the
month in which the reporting period ends.

PART 744--[AMENDED]

0
15. The authority citation for part 744 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,

1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947,
60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp.,
p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O.
13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of July 23,
2008, 73 FR 43603 (July 25, 2008); Notice of November 10, 2008, 73
FR 67097 (November 12, 2008).

0
16. Add Sec.  744.9 to read as follows:

Sec.  744.9  Restrictions on certain exports and reexports of cameras
controlled by ECCN 6A003.b.4.b.

    (a) General prohibitions. In addition to the applicable license
requirements for national security, regional stability, anti-terrorism
and United Nations embargo reasons in Sec. Sec.  742.4, 742.6, 742.8,
746.3 and 746.8 of the EAR, a license is required to export or reexport
to any destination other than Canada cameras described in ECCN
6A003.b.4.b if at the time of export or reexport, the exporter or
reexporter knows or is informed that the item will be or is intended to
be:
    (1) Used by a ``military end-user,'' as defined in paragraph (d) of
this section; or
    (2) Incorporated into a ``military commodity'' controlled by ECCN
0A919.
    (b) Additional prohibition on exporters or reexporters informed by
BIS. BIS may inform an exporter or reexporter, either individually by
specific notice or through amendment to the EAR, that a license is
required for the export or reexport of items described in ECCN
6A003.b.4.b to specified end-users, because BIS has determined that
there is an unacceptable risk of diversion to the users or unauthorized
incorporation into the ``military commodities'' described in paragraph
(a) of this section. Specific notice is to be given only by, or at the
direction of, the Deputy Assistant Secretary for Export Administration.
When such notice is provided orally, it will be followed by a written
notice within two working days signed by the Deputy Assistant Secretary
for Export Administration.
    (c) License review standard. Applications for licenses required by
this section will be reviewed by applying the policies that would be
applied under the International Traffic in Arms Regulations (22 CFR
Parts 120-130).
    (d) Military end-user. In this section, the term ``military end-
user'' means the national armed services (army, navy, marine, air
force, or coast guard), as well as the national guard and national
police, government intelligence or reconnaissance organizations, or any
person or entity whose actions or functions are intended to support
``military end-uses'' as defined in Sec.  744.17(d).
    (e) Exception. Shipments subject to the prohibitions in paragraphs
(a) and (b) of this section that are consigned to and for the official
use of the U.S. Government authorized pursuant to Sec.
740.11(b)(2)(ii) of the EAR may be made under License Exception GOV. No
other license exceptions apply to the prohibitions described in
paragraphs (a) and (b) of this section.

0
17. In Supplement No. 2 to part 744, add a paragraph (6)(iii) to read
as follows:

Supplement No. 2 to Part 744--List of Items Subject to the Military
End-Use License Requirement of Sec.  744.21

* * * * *
    (6) Category 6--Sensors and Lasers * * *
    (iii) 6A993 Cameras, not controlled by 6A003 or 6A203 as follows
(see List of Items Controlled). * * *

PART 746--[AMENDED]

0
18. The authority citation for part 746 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 287c; Sec 1503, Public Law 108-11, 117 Stat. 559; 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, 3 CFR, 2001 Comp., p. 783;
Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May
16, 2003; Presidential Determination 2007-7 of December 7, 2006, 72
FR 1899 (January 16, 2007); Notice of July 23, 2008, 73 FR 43603
(July 25, 2008).

0
19. Section 746.8, paragraph (b)(1) is amended by adding a new sentence
immediately following the existing third sentence to read as follows:

Sec.  746.8  Rwanda.

* * * * *
    (b) * * *
    (1) * * * Any U.S. person needs a license to reexport any item
controlled by ECCN 0A919 to Rwanda. * * *
* * * * *

PART 772--[AMENDED]

0
21. The authority citation for 15 CFR part 772 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of July
23, 2008, 73 FR 43603 (July 25, 2008).

0
22. Section 772.1 is amended by adding, in alphabetical order, a
definition for ``military commodity'' to read as follows:

Sec.  772.1  Definitions of terms as used in the Export Administration
Regulations (EAR).

* * * * *
    Military commodity. As used in Sec.  734.4(a)(5), Supplement No. 1
to part 738 (footnote No. 3), Sec.  740.2(a)(11), Sec.  740.16(a)(2),
Sec.  740.16(b)(2), Sec.  742.6(a)(3), Sec.  744.9(a)(2), Sec.
744.9(b), ECCN 0A919 and ECCN 6A003 (Related Controls), ``military
commodity'' or ``military commodities'' means an article, material or
supply except software or technology that is described on the United
States Munitions List (22 CFR Part 121) or on the Munitions List that
is published by the Wassenaar Arrangement on Export Controls for
Conventional Arms and Dual-Use Goods and Technologies, but does not
include any item listed in any Export Control Classification Number for
which the last three numerals are 018.
* * * * *

PART 774--[AMENDED]

0
23. The authority citation for 15 CFR part 774 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5;
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; Notice of July 23, 2008, 73 FR 43603 (July 25, 2008).

0
24. In Supplement No. 1 to part 774, Category 0, immediately following
Export Control Classification Number 0A918 and immediately preceding
Export Control Classification Number 0A978 add an Export Control
Classification Number 0A919 to read as follows:

0A919 ``Military commodities'' as follows (see list of items
controlled).

License Requirements

    Reasons for Control: RS, AT, UN.

               Control(s)                         Country chart

RS applies to entire entry.............  RS Column 1.
AT applies to entire entry.............  AT Column 1.
UN applies to entire entry.............  Rwanda Sec.   746.7 of the EAR.

License Exceptions

    LVS: N/A.
    GBS: N/A.
    CIV: N/A.

List of Items Controlled

    Unit: $ value.

    Related Controls: (1) Military commodities are subject to the
export licensing jurisdiction of the Department of State if they
incorporate items that are subject to the International Traffic in
Arms Regulations (ITAR) (22 CFR Parts 120-130). (2) Military
commodities described in this paragraph are subject to the export
licensing jurisdiction of the Department of State if such
commodities are described on the United States Munitions List (22
CFR Part 121) and are in the United States. (3) The furnishing of
assistance (including training) to foreign persons, whether in the
United States or abroad in the design, development, engineering,
manufacture, production, assembly, testing, repair, maintenance,
modification, operation, demilitarization, destruction, processing,
or use of defense articles that are subject to the ITAR; or the
furnishing to foreign persons of any technical data controlled under
22 CFR 121.1 whether in the United States or abroad are under the
licensing jurisdiction of the Department of State. (4) Brokering
activities (as defined in 22 CFR 129.9) of military commodities that
are subject to the ITAR are under the licensing jurisdiction of the
Department of State.
    Related Definitions: N/A.
    Items: ``Military commodities'' with all of the following
characteristics:
    a. Described on either the United States Munitions List (22 CFR
Part 121) or the Munitions List that is published by the Wassenaar
Arrangement on Export Controls for Conventional Arms and Dual-Use
Goods and Technologies (as set out on its Web site at http://
www.wassenaar.org), but not any item listed in any Export Control
Classification Number for which the last three characters are 018;
    b. Produced outside the United States;
    c. Not subject to the International Traffic in Arms Regulations
(22 CFR Parts 120-130) for a reason other than presence in the
United States; and
    d. Incorporate one or more cameras controlled under ECCN
6A003.b.4.b.

0
25. In Supplement No. 1 to part 774, Category 6, Export Control
Classification Number 6A003, revise the ``Reason for Control'' and the
``Related Controls'' paragraphs to read as follows:

6A003 Cameras.

License Requirements

    Reason for Control: NS, NP, RS, AT, UN.

                 Control(s)                                              Country chart

NS applies to entire entry..................  NS Column 2.
NP applies to items controlled in paragraphs  NP Column 1.
 6A003.a.2, a.3 and a.4.
RS applies to items controlled in 6A003.b.3,  RS Column 1.
 to items controlled in 6A003.b.4.a, and to
 items controlled in 6A003.b.4.b that have a
 frame rate greater than 60 Hz or that
 incorporate a focal plane array with more
 than 111,000 elements, or to items in
 6A003.b.4.b when being exported or
 reexported to be embedded in a civil
 product. (But see Sec.   742.6(a)(2)(iii)
 and (v) for certain exemptions).
RS applies to items controlled in             RS Column 2.
 6A003.b.4.b that have a frame rate of 60 Hz
 or less and that incorporate a focal plane
 array with not more than 111,000 elements
 if not being exported or reexported to be
 embedded in a civil product.
RS applies to items controlled in             A license is required to export or reexport these items to Hong
 6A003.b.4.b.                                  Kong. This license requirement does not appear in the Commerce
                                               Country Chart.
AT applies to entire entry..................  AT Column 1.
UN applies to items controlled in 6A003.b.3   Iraq and Rwanda.
 and b.4.

License Exceptions

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: (1) See ECCNs 6E001 (``development''), 6E002
(``production''), and 6E201 (``use'') for technology for items
controlled under this entry. (2) Also see ECCN 6A203. (3) See ECCN
8A002.d and .e for cameras specially designed or modified for
underwater use. (4) See ECCN 0A919 for foreign made military
commodities that incorporate cameras described in 6A003.b.4.b. (5)
Section 744.9 imposes license requirements on cameras described in
6A003.b.4.b if being exported for incorporation into an item
controlled by ECCN 0A919 or for a military end-user.
* * * * *

0
26. In Supplement No. 1 to part 774, immediately following Export
Control Classification Number 6D993, add a new Export Control
Classification Number 6D994 to read as follows:

6D994 ``Software'' designed or modified for cameras incorporating
``focal plane arrays'' specified by 6A002.a.3.f and designed or
modified to remove a frame rate restriction and allow the camera to
exceed the frame rate specified in 6A003.b.4. Note 3.a.

License Requirements

    Reason for Control: RS.

               Control(s)                         Country chart

RS applies to entire entry.............  RS Column 1.

License Exceptions

    CIV: N/A.
    TSR: N/A.

List of Items Controlled

    Unit: $ value.
    Items: The list of Items Controlled is in the ECCN heading.

    Dated: May 18, 2009.
Matthew S. Borman,
Acting Assistant Secretary for Export Administration.
[FR Doc. E9-11951 Filed 5-21-09; 8:45 am]

BILLING CODE 3510-33-P


[Federal Register: November 9, 2009 (Volume 74, Number 215)]
[Notices]
[Page 57718]
[DOCID:fr09no09-91]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday,
November 12, 2009 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c), (5), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(5), (7), (8), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Aguilar, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting scheduled for Thursday,
November 12, 2009 will be:
    Institution and settlement of injunctive actions; institution and
settlement of administrative proceedings; and other matters relating to
enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact: The Office of the
Secretary at<PHONE_NUMBER>.

    Dated: November 5, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-27026 Filed 11-5-09; 4:15 pm]

BILLING CODE 8011-01-P


[Federal Register: October 30, 2006 (Volume 71, Number 209)]
[Notices]
[Page 63295]
[DOCID:fr30oc06-59]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-25-000]

Mojave Pipeline Company; Notice of Tariff Filing

October 20, 2006.
    Take notice that on October 17, 2006, Mojave Pipeline Company
(Mojave) tendered for filing as part of its FERC Gas Tariff, Second
Revised Volume No. 1, First Revised Sheet No. 213, to become effective
November 17, 2006.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions 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 or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line 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>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-18125 Filed 10-27-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 20 (Monday, January 31, 2011)]
[Proposed Rules]
[Page 5319]
[FR Doc No: 2011-1923]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2010-0860; FRL-9249-4]

Revisions to the California State Implementation Plan, Santa
Barbara Air Pollution Control District, Placer County Air Pollution
Control District, Antelope Valley Air Quality Management District, and
Ventura County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve revisions to the Santa Barbara Air
Pollution Control District (SBAPCD), Placer County Air Pollution
Control District (PCAPCD), Antelope Valley Air Quality Management
District (AVAQMD), and Ventura County Air Pollution Control District
(VCAPCD) portion of the California State Implementation Plan (SIP).
These revisions concern volatile organic compound (VOC) emissions from
gasoline bulk plants, terminals and vehicle dispensing facilities. We
are proposing to approve local rules to regulate these emission sources
under the Clean Air Act as amended in 1990 (CAA or the Act).

DATES: Any comments on this proposal must arrive by March 2, 2011.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2010-0860, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: David Grounds, EPA Region IX, (415)
972-3019<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This proposal addresses the following local
rules: VCAPCD Rule 70, AVAQMD Rule 461, PCAPCD Rule 215, and SBAPCD
Rule 316. In the Rules and Regulations section of this Federal
Register, we are approving these local rules in a direct final action
without prior proposal because we believe these SIP revisions are not
controversial. If we receive adverse comments, however, we will publish
a timely withdrawal of the direct final rule and address the comments
in subsequent action based on this proposed rule. Please note that if
we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.

    Dated: December 21, 2010.
Keith Takata,
Acting Regional Administrator, Region IX.
[FR Doc. 2011-1923 Filed 1-28-11; 8:45 am]
BILLING CODE 6560-50-P