[Federal Register: November 17, 2009 (Volume 74, Number 220)]
[Notices]
[Page 59154-59157]
[DOCID:fr17no09-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

November 5, 2009.
    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC10-14-000.
    Applicants: Chandler Wind Partners, LLC, Foote Creek II, LLC, Foote
Creek IV, LLC, Ridge Crest Wind Partners, LLC, Oak Creek Wind Power,
LLC, Terra-Gen VG Wind, LLC, Terra-Gen 251 Wind, LLC, Foote Creek III,
LLC.
    Description: Application for Authorization for Disposition of
Jurisdictional Facilities and Request for Expedited Action of Chandler
Wind Partners, LLC, et al.
    Filed Date: 11/03/2009.
    Accession Number: 20091103-5097.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 24, 2009.

    Docket Numbers: EC10-16-000.
    Applicants: Milford Wind Corridor Phase I, LLC, Milford Wind
Corridor Phase II, LLC, Milford Wind Corridor Phase III, LLC, Milford
Wind Corridor Phase IV, LLC, Milford Wind Corridor Phase V, LLC,
Milford Gen Lead, LLC.
    Description: Application of Milford Wind Corridor LLC for
Authorization under Section 203 of the Federal Power Act and Request
for Waivers, Confidential Treatment and Expedited Consideration.
    Filed Date: 10/30/2009.
    Accession Number: 20091030-5179.
    Comment Date: 5 p.m. Eastern Time on Friday, November 20, 2009.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG10-6-000.
    Applicants: Crystal Lake Wind III, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Crystal Lake Wind III, LLC.
    Filed Date: 11/05/2009.
    Accession Number: 20091105-5067.
    Comment Date: 5 p.m. Eastern Time on Friday, November 27, 2009.

    Docket Numbers: EG10-7-000.
    Applicants: Garden Wind, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Garden Wind, LLC.
    Filed Date: 11/05/2009.
    Accession Number: 20091105-5068.
    Comment Date: 5 p.m. Eastern Time on Friday, November 27, 2009.

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

    Docket Numbers: ER99-3502-010.
    Applicants: Berkshire Power Company, LLC.
    Description: Berkshire Power Company, LLC Order No. 697-C Quarterly
Filing of EIF Entities.
    Filed Date: 11/02/2009.
    Accession Number: 20091102-5175.
    Comment Date: 5 p.m. Eastern Time on Monday, November 23, 2009.

    Docket Numbers: ER01-1527-014; ER01-1529-014.
    Applicants: Nevada Power Company; Sierra Pacific Power Company.
    Description: Nevada Power Company et al. notifies the Commission of
a nonmaterial change in status resulting from the facts described in
the application.
    Filed Date: 11/02/2009.
    Accession Number: 20091103-0170.
    Comment Date: 5 p.m. Eastern Time on Monday, November 23, 2009.

    Docket Numbers: ER01-2544-007; ER01-2543-007; ER01-2545-007; ER01-
2546-007; ER01-2547-007; ER03-1182-008; ER06-1331-005;
    Applicants: CalPeak Power LLC, Commonwealth Chesapeake Company,
LLC, Tyr Energy, LLC, CalPeak Power--Panoche LLC, CalPeak Power--Vaca
Dixon LLC, CalPeak Power--El Cajon LLC, CalPeak Power--Enterprise LLC,
CalPeak Power--Border LLC, Fox Energy Company, LLC
    Description: Notice of Non-Material Change in Status of Sites for
New Generation Capacity Development of CalPeak Power LLC, et al.
    Filed Date: 10/30/2009
    Accession Number: 20091030-5092.
    Comment Date: 5 p.m. Eastern Time on Friday, November 20, 2009.

    Docket Numbers: ER01-3103-020.
    Applicants: Astoria Energy LLC, Astoria Energy II LLC.
    Description: Astoria Energy I & II Submits 697-C Report.
    Filed Date: 11/02/2009.
    Accession Number: 20091102-5154.
    Comment Date: 5 p.m. Eastern Time on Monday, November 23, 2009.

    Docket Numbers: ER02-25-010; ER08-1236-004; ER00-3751-008.
    Applicants: Troy Energy, LLC; IPA Trading, LLC; ANP FUNDING I, LLC.
    Description: Amendment to Updated Market Power Analysis of Troy
Energy, LLC, et al.
    Filed Date: 11/03/2009.
    Accession Number: 20091103-5107.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 24, 2009.

    Docket Numbers: ER03-1284-007; ER08-1225-004; ER05-1202-7.
    Applicants: Blue Canyon Windpower II LLC, Cloud County Wind Farm,
LLC, Blue Canyon Windpower LLC.
    Description: Supplement to Notice of Non-Material Change in Status
of Blue Canyon Windpower LLC, et al.
    Filed Date: 11/03/2009.
    Accession Number: 20091103-5106.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 24, 2009.

    Docket Numbers: ER05-717-013; ER05-721-013; ER06-1334-010; ER06-
230-010; ER07-277-009; ER07-810-008; ER08-1172-007; ER08-237-008; ER09-
1339-003; ER09-1341-003; ER09-1342-003; ER09-429-004; ER09-430-004;
ER09-946-003; ER99-2341-016; ER09-1340-003; ER04-374-014;
    Applicants: Spring Canyon Energy LLC, Judith Gap Energy LLC,
Invenergy TN LLC, Wolverine Creek Energy LLC, Grays Harbor Energy LLC,
Forward Energy LLC, Grand Ridge Energy LLC, Willow Creek Energy LLC,
Sheldon Energy LLC, Hardee Power Partners Limited, Spindle Hill Energy
LLC; Invergy Cannon Falls LLC; Beech Ridge Energy, LLC; Grand Ridge
Energy, II LLC; Grand Ridge Energy, III LLC; Grand Ridge Energy IV LLC;
Grand Ridge Energy Energy V LLC.

    Description: Spring Canyon Energy, LLC's et al. submits for filing
with the Commission this notice of change of facts.
    Filed Date: 10/30/2009.
    Accession Number: 20091104-0004.
    Comment Date: 5 p.m. Eastern Time on Friday, November 20, 2009.

    Docket Numbers: ER06-560-005.
    Applicants: Credit Suisse Energy LLC.
    Description: Notice of Non-Material Change in Status of Credit
Suisse Energy LLC.
    Filed Date: 11/02/2009.
    Accession Number: 20091102-5142.
    Comment Date: 5 p.m. Eastern Time on Monday, November 23, 2009.

    Docket Numbers: ER06-1407-005; ER06-1408-005; ER06-1409-005; ER06-
1413-005; ER08-577-006; ER08-578-006; ER08-579-007; ER08-1443-003.
    Applicants: Noble Wethersfield Windpark, LLC, Noble Chateaugay
Windpark, LLC, Noble Bellmont Windpark, LLC, Noble Ellenburg Windpark,
LLC, Noble Bliss Windpark, LLC, Noble Clinton Windpark I, LLC, Noble
Altona Windpark, LLC, Noble Great Plains Windpark, LLC.
    Description: Quarterly Report for the third quarter of 2009 under
Order 697 of Noble Bliss Windpark, LLC, et al.
    Filed Date: 10/30/2009.
    Accession Number: 20091030-5181
    Comment Date: 5 p.m. Eastern Time on Friday, November 20, 2009.

    Docket Numbers: ER07-758-018.
    Applicants: Inland Empire Energy Center, LLC.
    Description: Inland Empire Energy Center, LLC Notice of Non-
Material Change in Status.
    Filed Date: 10/30/2009.
    Accession Number: 20091030-5174.
    Comment Date: 5 p.m. Eastern Time on Friday, November 20, 2009.

    Docket Numbers: ER08-401-002; ER08-1385-001; ER09-1429-002; ER99-
2287-005.
    Applicants: Black Hills Power, Inc., Black Hills/Colorado Electric
Utility Co., Cheyenne Light Fuel & Power Company, Black Hills Wyoming,
LLC.
    Description: Report on Sites for New Generation Development.
    Filed Date: 10/30/2009.
    Accession Number: 20091030-5178.
    Comment Date: 5 p.m. Eastern Time on Friday, November 20, 2009.

    Docket Numbers: ER08-1317-003.
    Applicants: California Independent System Operator Corporation.
    Description: Q3 Quarterly Report on Progress in Processing
Interconnection Requests of the California Independent System Operator
Corporation.
    Filed Date: 10/30/2009
    Accession Number: 20091030-5185.
    Comment Date: 5 p.m. Eastern Time on Friday, November 20, 2009.

    Docket Numbers: ER08-1419-004.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc submits Second Substitute
Original Sheet 300C.03 et al. to FERC Electric Tariff, Fifth Revised
Volume 1.
    Filed Date: 11/02/2009.
    Accession Number: 20091103-0169.
    Comment Date: 5 p.m. Eastern Time on Monday, November 23, 2009.

    Docket Numbers: ER09-1555-000.
    Applicants: Wisconsin Power and Light Company.
    Description: Response to Data Request of Alliant Energy Corporate
Services, Inc.
    Filed Date: 10/30/2009.
    Accession Number: 20091030-5055.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 10, 2009.

    Docket Numbers: ER09-1729-000
    Applicants: Conectiv Mid Merit, LLC.
    Description: Conectiv Mid Merit, LLC submits Amendment to its
Application.
    Filed Date: 11/04/2009.
    Accession Number: 20091105-0186.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 25, 2009.

    Docket Numbers: ER10-117-000.
    Applicants: North American Power and Gas, LLC.
    Description: North American Power and Gas, LLC submits petition for
acceptance of initial tariff, FERC Electric Tariff, Original Volume 1,
waivers and blanket authority.
    Filed Date: 11/02/2009.
    Accession Number: 20091104-0001.
    Comment Date: 5 p.m. Eastern Time on Monday, November 23, 2009.

    Docket Numbers: ER10-47-001
    Applicants: Geodyne Energy, L.L.C.
    Description: Geodyne Energy, LLC submits amended filing of the
Petition for Acceptance of Rate Schedule, Waivers and Blanket Authority
submitted 10/15/09.
    Filed Date: 11/02/2009.
    Accession Number: 20091103-0167
    Comment Date: 5 p.m. Eastern Time on Monday, November 23, 2009.

    Docket Numbers: ER10-159-000.
    Applicants: Public Service Electric and Gas Company.
    Description: Public Service Electric and Gas Co submits a request
for incentive rate treatment for the Branchburg-Roseland-Hudson 500kv
Transmission Project.
    Filed Date: 10/30/2009.
    Accession Number: 20091102-0187.
    Comment Date: 5 p.m. Eastern Time on Friday, November 20, 2009.

    Docket Numbers: ER10-162-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company submits for
acceptance Notice of Cancellation of Rate Schedule FERC No 136,
Interconnection Agreement etc.
    Filed Date: 10/30/2009.
    Accession Number: 20091103-0059
    Comment Date: 5 p.m. Eastern Time on Friday, November 20, 2009.

    Docket Numbers: ER10-174-000.
    Applicants: Southern Company Services, Inc.
    Description: Southern Companies submits annual filing of revised
accruals for post-retirement benefits other than pensions.
    Filed Date: 10/30/2009.
    Accession Number: 20091102-0120.
    Comment Date: 5 p.m. Eastern Time on Friday, November 20, 2009.

    Docket Numbers: ER10-182-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, LLC submits Sixth Revised Sheet
No. 37 et al. to FERC Electric Tariff, Sixth Revised Volume 1, to be
effective January 1, 2010.
    Filed Date: 11/02/2009.
    Accession Number: 20091102-0166.
    Comment Date: 5 p.m. Eastern Time on Monday, November 23, 2009.

    Docket Numbers: ER10-188-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits filing to extend the current Grid Management Charge until 12/
31/10 etc.
    Filed Date: 10/30/2009.
    Accession Number: 20091103-0041.
    Comment Date: 5 p.m. Eastern Time on Friday, November 20, 2009.

    Docket Numbers: ER10-189-000.
    Applicants: Niagara Mohawk Power Corporation.
    Description: National Grid submits interconnection agreement dated
10/20/92 between Niagara Mohawk Power Corporation and Selkirk Cogen
Partners, LP.
    Filed Date: 10/30/2009.
    Accession Number: 20091103-0042.
    Comment Date: 5 p.m. Eastern Time on Friday, November 20, 2009.

    Docket Numbers: ER10-190-000.
    Applicants: Midwest Independent Transmission System Operator. Inc.,
ALLETE, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits revised tariff sheets with proposed revisions to Attachment O
etc.
    Filed Date: 10/30/2009.
    Accession Number: 20091103-0043.
    Comment Date: 5 p.m. Eastern Time on Friday, November 20, 2009.

    Docket Numbers: ER10-192-000.
    Applicants: Public Service Company of Colorado.
    Description: Public Service Company of Colorado submits changes in
base rates applicable to service to the Black Hills/Colorado Electric
Utility Company, LP, et al.
    Filed Date: 10/30/2009.
    Accession Number: 20091104-0137.
    Comment Date: 5 p.m. Eastern Time on Friday, November 20, 2009.

    Docket Numbers: ER10-193-000.
    Applicants: Public Service Company of New Hampshire.
    Description: Northeast Utilities Service Company submits Second
Revised Rate Schedule FERC No 104.
    Filed Date: 11/02/2009.
    Accession Number: 20091103-010.1
    Comment Date: 5 p.m. Eastern Time on Monday, November 23, 2009.

    Docket Numbers: ER10-195-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits Network Integration
Transmission Service Agreement with Public Service Company of Oklahoma
etc.
    Filed Date: 11/02/2009.
    Accession Number: 20091103-0102.
    Comment Date: 5 p.m. Eastern Time on Monday, November 23, 2009.

    Docket Numbers: ER10-196-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits Network Integration
Transmission Service Agreement.
    Filed Date: 11/02/2009.
    Accession Number: 20091103-0103.
    Comment Date: 5 p.m. Eastern Time on Monday, November 23, 2009.

    Docket Numbers: ER10-197-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits Network Integration
Transmission Service Agreement.
    Filed Date: 11/02/2009.
    Accession Number: 20091103-0104.
    Comment Date: 5 p.m. Eastern Time on Monday, November 23, 2009.

    Docket Numbers: ER10-198-000.
    Applicants: Indiana Michigan Power Company.
    Description: Appalachian Power Company et al. submits Notice of
Cancellation to terminate the Transmission and Unit Power Supply
Agreement with Carolina Power & Light Company.
    Filed Date: 11/02/2009.
    Accession Number: 20091103-0105.
    Comment Date: 5 p.m. Eastern Time on Monday, November 23, 2009.

    Docket Numbers: ER10-199-000.
    Applicants: Central Maine Power Company.
    Description: Central Maine Power Company submits an unexecuted
service agreement for Local Network Transmission Service with Kennebunk
Light & Power District.
    Filed Date: 11/02/2009.
    Accession Number: 20091103-0106.
    Comment Date: 5 p.m. Eastern Time on Monday, November 23, 2009.

    Docket Numbers: ER10-200-000.
    Applicants: Central Maine Power Company.
    Description: Central Maine Power Company submit petitions to
terminate rate schedule FERC No. 113.
    Filed Date: 11/02/2009.
    Accession Number: 20091103-0107.
    Comment Date: 5 p.m. Eastern Time on Monday, November 23, 2009.

    Docket Numbers: ER10-201-000.
    Applicants: Xcel Energy Services Inc.
    Description: Southwestern Public Service Company submits proposed
Notice of Cancellation of the Network Integration Transmission Service
Agreement et al.
    Filed Date: 11/02/2009.
    Accession Number: 20091103-0108.
    Comment Date: 5 p.m. Eastern Time on Monday, November 23, 2009.

    Docket Numbers: ER10-202-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company submits a service
agreement wholesale distribution service and interconnection agreement
with Shelter Cove Resort Improvement District No. 1 etc.
    Filed Date: 11/02/2009.
    Accession Number: 20091103-0060.
    Comment Date: 5 p.m. Eastern Time on Monday, November 23, 2009.

    Docket Numbers: ER10-206-000.
    Applicants: Mississippi Power Company.
    Description: Mississippi Power Company submits Amendment 13 to FERC
Electric Rate Schedule No. 108.
    Filed Date: 11/03/2009.
    Accession Number: 20091104-0005.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 24, 2009.

    Docket Numbers: ER10-207-000; ER10-208-000.
    Applicants: Southwestern Electric Power Company.
    Description: American Electric Power submits the Amended and
Restated Power Supply Agreement between SWEPCO and Northeast Texas
Electric Cooperative, Inc. dated 11/2/09 et al.
    Filed Date: 11/03/2009.
    Accession Number: 20091104-0007.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 24, 2009.

    Docket Numbers: ER10-211-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company Submits Proposed Grid
Management Charge for 2010.
    Filed Date: 10/30/2009.
    Accession Number: 20091030-5188.
    Comment Date: 5 p.m. Eastern Time on Friday, November 20, 2009.

    Docket Numbers: ER10-215-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits an executed
Transmission Interconnection Agreement with West Texas Municipal Power
Agency.
    Filed Date: 11/04/2009.
    Accession Number: 20091105-0163.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 25, 2009.

    Docket Numbers: ER10-216-000.
    Applicants: Entergy Services, Inc.
    Description: Entergy Louisiana, LLC et al. submits Second Revised
Service Agreement 453, which is a revised and amended interconnection
and operating agreement.
    Filed Date: 11/04/2009.
    Accession Number: 20091105-0162.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 25, 2009.

    Take notice that the Commission received the following open access
transmission tariff filings:

    Docket Numbers: OA08-61-002.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits revisions to
Attachment O of its Open Access Transmission Tariff pursuant to Order
890 and 890-A.
    Filed Date: 11/02/2009.
    Accession Number: 20091103-0172.
    Comment Date: 5 p.m. Eastern Time on Monday, November 23, 2009.

    Docket Numbers: OA10-2-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits Notification Filing pursuant to Sections 19.9 and 32.5 of its
Energy Markets and Open Access Transmission Tariff pursuant to Order
Nos. 890, 890-A, and 890-B.
    Filed Date: 10/30/2009.
    Accession Number: 20091104-0171.
    Comment Date: 5 p.m. Eastern Time on Friday, November 20, 2009.

    Take notice that the Commission received the following PURPA
210(m)(3) filings:

    Docket Numbers: QM10-2-001.
    Applicants: The Detroit Edison Company.
    Description: Supplement to the Application for Authorization to

Terminate the Obligation of The Detroit Edison Company to Purchase
Power From Qualified Facilities Over Twenty Megawatts on a Service
Territory-Wide Basis.
    Filed Date: 11/05/2009.
    Accession Number: 20091105-5049.
    Comment Date: 5 p.m. Eastern Time on Thursday, December 3, 2009.

    Any person desiring to intervene or to protest in any of the above
proceedings 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) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-27481 Filed 11-16-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: December 17, 2009 (Volume 74, Number 241)]
[Proposed Rules]
[Page 66927-66929]
[DOCID:fr17de09-9]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1186; Directorate Identifier 2009-CE-065-AD]
RIN 2120-AA64

Airworthiness Directives; Cessna Aircraft Company (Type
Certificate Previously Held by Columbia Aircraft Manufacturing
(Previously The Lancair Company)) Models LC40-550FG, LC41-550FG, and
LC42-550FG Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2009-09-
09, which applies to certain Cessna Aircraft Company (Cessna) (type
certificate previously held by Columbia Aircraft Manufacturing
(previously The Lancair Company)) Models LC40-550FG, LC41-550FG, and
LC42-550FG airplanes. AD 2009-09-09 currently requires repetitive
inspections of the rudder hinges and the rudder hinge brackets for
damage, i.e., cracking, deformation, and discoloration. If damage is
found during any inspection, AD 2009-09-09 also requires replacing the
damaged rudder hinge and/or rudder hinge bracket. Since we issued AD
2009-09-09, Cessna has developed a modification that, when
incorporated, would terminate the repetitive inspections required by AD
2009-09-09. The FAA has determined that long-term continued operational
safety will be better assured by design changes that removed the source
of the problem, rather than by repetitive inspections or other special
procedures. Consequently, this proposed AD would retain the inspection
requirements of AD 2009-09-09 and add a terminating action for the
inspection requirements. We are proposing this AD to detect and correct
damage in the rudder hinges and the rudder hinge brackets, which could
result in failure of the rudder. This failure could lead to loss of
control.

DATES: We must receive comments on this proposed AD by February 1,
2010.

ADDRESSES: Use one of the following addresses to comment on this
proposed AD:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Cessna Aircraft Company, Product Support, P.O. Box 7706; Wichita,
Kansas 67277; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; Internet:
www.cessna.com.

FOR FURTHER INFORMATION CONTACT: Gary Park, Aerospace Engineer, Wichita
Aircraft Certification Office (ACO), 1801 Airport Road, Room 100,
Wichita, Kansas 67209; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include the docket number, ``FAA-
2009-1186; Directorate Identifier 2009-CE-065-AD'' at the beginning of
your comments. We specifically invite comments on the overall
regulatory, economic, environmental, and energy aspects of the proposed
AD. We will consider all comments received by the closing date and may
amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive concerning this proposed AD.

Discussion

    We received reports of a cracked lower rudder hinge bracket on two
Cessna Model LC41-550FG airplanes that caused us to issue AD 2009-09-
09, Amendment 39-15895 (74 FR 19873, April 30, 2009). AD 2009-09-09
currently requires the following on certain Cessna Models LC40-550FG,
LC41-550FG, and LC42-550FG airplanes:
     Repetitively inspecting the rudder hinges and the rudder
hinge brackets for damage; and
     Replacing the rudder hinge and/or rudder hinge bracket if
damage is found.
    Cessna developed a modification that, when incorporated, would
eliminate the need for the repetitive inspections required by AD 2009-
09-09. The FAA has determined that long-term continued operational
safety will be better assured by design changes that removed the source
of the problem, rather than by repetitive inspections or other special
procedures.
    This condition, if not corrected, could result in failure of the
rudder. This failure could lead to loss of control.

Relevant Service Information

    We have reviewed Cessna Single Engine Service Bulletin SB09-27-01,
Revision 2, dated November 23, 2009.
    The service information describes procedures for repetitively
inspecting the rudder hinges and the rudder hinge brackets for damage,
i.e., cracking, deformation, and discoloration. The service information
also describes procedures for incorporating a modification kit that
will terminate the repetitive inspections.

FAA's Determination and Requirements of the Proposed AD

    We are proposing this AD because we evaluated all information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design. This proposed AD
would supersede AD 2009-09-09 with a new AD that would retain the
inspection requirements of AD 2009-09-09 and add a terminating action
for the inspection requirements. This proposed AD would require you to
use the service information described previously to perform these
actions.

Costs of Compliance

    We estimate that this proposed AD would affect 535 airplanes in the
U.S. registry.
    We estimate the following costs to do the proposed inspections:

----------------------------------------------------------------------------------------------------------------
                                                                                Total cost per   Total cost on
                  Labor cost                               Parts cost                airplane     U.S. operators
----------------------------------------------------------------------------------------------------------------
Inspection with rudder removed: 1.2 work-hours  Not applicable..................             $96         $51,360
 x $80 per hour = $96.

Inspection without rudder removed: .5 work-     Not applicable..................              40          21,400
 hour x $80 per hour = $40.
----------------------------------------------------------------------------------------------------------------

     We estimate the following costs to do the proposed modification:

------------------------------------------------------------------------
                                                          Total cost per
               Labor cost                   Parts cost       airplane
------------------------------------------------------------------------
For Models LC40-550FG and LC42-550FG                $743            $823
 airplanes: 1 work-hour x $80 per hour =
 $80....................................
For Model LC41-550FG airplanes: 1 work-              803             883
 hour x $80 per hour = $80..............
------------------------------------------------------------------------

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 have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 the proposed
regulation:
    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); and
    3. 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the
regulatory evaluation, any comments received, and other information on
the Internet at http://www.regulations.gov; or in person at the Docket
Management Facility between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Office (telephone<PHONE_NUMBER>)
is located at the street address stated in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by removing Airworthiness Directive
(AD) 2009-09-09, Amendment 39-15895 (74 FR 19873, April 30, 2009), and
adding the following new AD:

Cessna Aircraft Company (Type Certificate Previously Held by
Columbia Aircraft Manufacturing (Previously The Lancair Company)):
Docket No. FAA-2009-1186; Directorate Identifier 2009-CE-065-AD.

Comments Due Date

    (a) We must receive comments on this airworthiness directive
(AD) action by February 1, 2010.

Affected ADs

    (b) This AD supersedes AD 2009-09-09, Amendment 39-15895.

Applicability

    (c) This AD applies to the following airplane models and serial
numbers that are certificated in any category:

------------------------------------------------------------------------
                 Model                             Serial Nos.
------------------------------------------------------------------------
LC40-550FG............................  4001, 4002, and 40004 through
                                         40079.
LC41-550FG............................  41001 through 41569, 41571
                                         through 41800, 411001 through
                                         411087, 411089 through 411110,
                                         411112 through 411138, 411140,
                                         411142, and 411147.
LC42-550FG............................  42001 through 42009, 42011
                                         through 42558, 42560 through
                                         42569, 421001 through 421013,
                                         421015 through 421017, and
                                         421019.
------------------------------------------------------------------------

Subject

    (d) Air Transport Association of America (ATA) Code 55:
Stabilizers.

Unsafe Condition

    (e) This AD is the result of reports received of a cracked lower
rudder hinge bracket on two of the affected airplanes. We are
issuing this AD to detect and correct damage, i.e., cracking,
deformation, and discoloration, in the rudder hinges and the rudder
hinge brackets, which could result in failure of the rudder. This
failure could lead to loss of control.

Compliance

    (f) To address this problem, you must do the following actions,
unless already done:
    (1) Inspect the rudder hinges and rudder hinge brackets for
damage, i.e., cracking, deformation, and discoloration, following
Cessna Aircraft Company Single Engine

Service Bulletin SB09-27-01, dated April 13, 2009, or Cessna
Aircraft Company Single Engine Service Bulletin SB09-27-01, Revision
2, dated November 23, 2009. Use the compliance times specified in
the following table:

----------------------------------------------------------------------------------------------------------------
            Condition                        Initial inspection                    Repetitive inspection
----------------------------------------------------------------------------------------------------------------
(i) For airplanes with 25 hours    With the rudder removed and using 10X   Thereafter inspect as follows until
 time-in-service (TIS) or more as   visual magnification, inspect all       the modification required in
 of May 11, 2009 (the effective     three rudder hinges and rudder hinge    paragraph (f)(5) of this AD is done:
 date of AD 2009-09-09):            brackets at whichever of the           (A) Every 25 hours TIS or 3 months,
                                    following occurs first:                 whichever occurs first, without
                                   (A) Within the next 10 hours TIS after   removing the rudder, visually
                                    May 11, 2009 (the effective date of     inspect all three rudder hinges and
                                    AD 2009-09-09); or                      rudder hinge brackets; and
                                   (B) Within the next 30 days after May   (B) Every 50 hours TIS or 6 months,
                                    11, 2009 (the effective date of AD      whichever occurs first, with the
                                    2009-09-09).                            rudder removed and using 10X visual
                                                                            magnification, inspect all three
                                                                            rudder hinges and rudder hinge
                                                                            brackets.
(ii) For airplanes with less than  Without removing the rudder, visually   Thereafter inspect as follows until
 25 hours TIS as of May 11, 2009    inspect all three rudder hinges and     the modification required in
 (the effective date of AD 2009-    rudder hinge brackets, at whichever     paragraph (f)(5) of this AD is done:
 09-09):                            of the following occurs later:         (A) Every 25 hours TIS or 3 months,
                                   (A) Upon accumulating 25 hours TIS; or   whichever occurs first, without
                                   (B) Within the next 10 hours TIS after   removing the rudder, visually
                                    May 11, 2009 (the effective date of     inspect all three rudder hinges and
                                    AD 2009-09-09).                         rudder hinge brackets; and
                                                                           (B) Every 50 hours TIS or 6 months,
                                                                            whichever occurs first, with the
                                                                            rudder removed and using 10X visual
                                                                            magnification, inspect all three
                                                                            rudder hinges and rudder hinge
                                                                            brackets.
----------------------------------------------------------------------------------------------------------------

     (2) If damage is found on any of the rudder hinges and/or
rudder hinge brackets during any inspection required in paragraphs
(f)(1)(i) or (f)(1)(ii) of this AD, before further flight,
incorporate Cessna Single Engine Modification Kit MK400-27-01, dated
November 23, 2009, as specified in Cessna Aircraft Company Single
Engine Service Bulletin SB09-27-01, Revision 2, dated November 23,
2009. Incorporating Cessna Single Engine Modification Kit MK400-27-
01, dated November 23, 2009, terminates the repetitive inspections
required in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD.
    (3) If the repetitive inspections required in paragraphs
(f)(1)(i) and (f)(1)(ii) of this AD become due at the same time,
credit for both inspections will be given by doing the rudder
removal and 10X visual inspection.
    (4) Within the next 24 months after the effective date of this
AD, incorporate Cessna Single Engine Modification Kit MK400-27-01,
dated November 23, 2009, as specified in Cessna Aircraft Company
Single Engine Service Bulletin SB09-27-01, Revision 2, dated
November 23, 2009.
    (i) Incorporating Cessna Single Engine Modification Kit MK400-
27-01, dated November 23, 2009, terminates the repetitive
inspections required in paragraphs (f)(1)(i) and (f)(1)(ii) of this
AD.
    (ii) At any time after the initial inspections required in
paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, you may incorporate
Cessna Single Engine Modification Kit MK400-27-01, dated November
23, 2009, to terminate the repetitive inspections required in
paragraphs (f)(1)(i) and (f)(1)(ii) of this AD.
    (5) For any affected airplane that has Cessna Aircraft Company
Single Engine Service Bulletin SB09-27-01, Revision 1, dated August
31, 2009, incorporated, within the next 30 days after the effective
date of this AD, inspect for proper rudder hinge and rudder bracket
hardware thread engagement and inspect the rudder travel. Follow the
Accomplishment Instructions in Cessna Single Engine Modification Kit
MK400-27-01, dated November 23, 2009, as specified in Cessna
Aircraft Company Single Engine Service Bulletin SB09-27-01, Revision
2, dated November 23, 2009.
    (i) During the inspection required in paragraph (f)(5) of this
AD, if any discrepancies are found in the rudder hinge or rudder
bracket hardware, before further flight replace the affected
hardware. Do the replacement following the Accomplishment
Instructions in Cessna Single Engine Modification Kit MK400-27-01,
dated November 23, 2009.
    (ii) During the inspection required in paragraph (f)(5) of this
AD, if the rudder travel is outside the limits specified in the
Accomplishment Instructions in Cessna Single Engine Modification Kit
MK400-27-01, dated November 23, 2009, before further flight remove
the rudder and reinstall it following the Accomplishment
Instructions in Cessna Single Engine Modification Kit MK400-27-01,
dated November 23, 2009.
    (iii) After the inspection and any necessary corrective actions
required in paragraphs (f)(5), (f)(5)(i), and (f)(5)(ii) of this AD,
incorporation of Cessna Aircraft Company Single Engine Service
Bulletin SB09-27-01, Revision 1, dated August 31, 2009, terminates
the repetitive inspections required in paragraphs (f)(1)(i) and
(f)(1)(ii) of this AD.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Wichita Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Gary Park, Aerospace Engineer, ACE-118W, Wichita Aircraft
Certification Office (ACO), 1801 Airport Road, Room 100, Wichita,
Kansas 67209; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-
mail<EMAIL_ADDRESS>Before using any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (h) AMOCs approved for AD 2009-09-09 are approved for this AD.

Related Information

    (i) To get copies of the service information referenced in this
AD, contact Cessna Aircraft Company, Product Support, P.O. Box 7706;
Wichita, Kansas 67277; telephone:<PHONE_NUMBER>; fax: (316) 942-
9006; Internet: http://www.cessna.com. To view the AD docket, go to
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, or on the Internet at http://
www.regulations.gov.

    Issued in Kansas City, Missouri, on December 10, 2009.
Margaret Kline,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-29982 Filed 12-16-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: February 8, 2008 (Volume 73, Number 27)]
[Rules and Regulations]
[Page 7463-7464]
[DOCID:fr08fe08-3]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 606, 607, 610, and 640

[Docket No. FDA-2008-N-0067]

Revisions to the Requirements Applicable to Blood, Blood
Components and Source Plasma; Confirmation of Effective Date and
Technical Amendment

AGENCY: Food and Drug Administration, HHS.

ACTION: Direct final rule; confirmation of effective date and technical
amendment.

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

SUMMARY: The Food and Drug Administration (FDA) is confirming the
effective date of February 19, 2008, for the direct final rule that
appeared in the Federal Register of August 16, 2007 (72 FR 45883). The
direct final rule amends the biologics regulations by removing,
revising, or updating specific regulations applicable to blood, blood
components and Source Plasma to be more consistent with current
practices in the blood industry and to remove unnecessary or outdated
requirements. In addition, FDA is making technical amendments to the
biologics regulations in response to comments received on the direct
final rule.

DATES: The effective date for the regulation is confirmed as February
19, 2008. The effective date of the technical amendment is also
February 19, 2008.

FOR FURTHER INFORMATION CONTACT: Stephen Ripley, Center for Biologics
Evaluation and Research (HFM-17), Food and Drug Administration, 1401
Rockville Pike, suite 200N, Rockville, MD 20852-1448,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In the Federal Register of August 16, 2007
(72 FR 45883), FDA solicited comments concerning the direct final rule
for a 75-day period ending October 30, 2007. FDA stated that the
effective date of the direct final rule would be on February 19, 2008,
6 months after the end of the comment period, unless any significant
adverse comment was submitted to FDA during the comment period. FDA
received several letters of comment on the direct final rule; however,
FDA did not receive any significant adverse comments. Therefore, FDA is
confirming the effective date of the direct final rule and making two
technical amendments in response to comments received. Comments were
received from private industry, an individual, organizations
representing the blood industry, and an employee of the Food and Drug
Administration. The comments received and FDA's responses to the
comments are discussed below as follows:
    Two comments stated that under paragraph (c) of 21 CFR 610.53,
there was an error in a temperature listed in the table under Red Blood
Cells Deglycerolized and Red Blood Cells Frozen.
    FDA agrees. In the Federal Register of September 24, 2007 (72 FR
54208), FDA issued a notice to correct a typographical error in the
codified section of the direct final rule. The table in paragraph (c)
of section 610.53 was corrected by replacing 65[deg]C with -65[deg]C.
    One comment requested clarification of the proposed change in
wording from ``toward'' to ``at'' concerning the specified temperature
range under 21 CFR 640.4(h) because coolers do not have the capacity to
maintain a temperature range between 1 and 10[deg]C.
    FDA agrees with the comment and therefore, is revising the
regulation to use ``toward'' rather than ``at''.
    One comment requested that under 21 CFR 640.24(d) the pH be revised
from ``not less than 6.0'' to ``not less than 6.2'' to be consistent
with the change in 21 CFR 640.25(b)(2) (Sec.  640.25(b)(2)) and with
industry practice.
    Because both of these provisions refer to the same pH requirement,
FDA agrees and is revising 21 CFR 640.24(d) as requested.
    One comment agreed with the change in pH under Sec.  640.25(b)(2)
but stated that there was no mention of the number of units that must
meet this requirement and therefore the assumption is that 100 percent
of the units must meet the requirement which they believe is
unachievable.
    We believe that the four units we require to be tested for quality
control purposes under Sec.  640.25(b) must meet the criteria listed
under this regulation. However, FDA recently issued a document entitled
``Guidance for Industry and FDA Review Staff: Collection of Platelets
by Automated Methods,'' dated December 2007 (December 17, 2007; 72 FR
71418). In this guidance, we provide recommendations on quality control
monitoring. Therefore, no additional changes are warranted.
    Two comments requested that FDA revise the definition under 21 CFR
640.30(a) to include ``for intravenous or further manufacturing use''
to facilitate use of plasma for further manufacturing use that has been
collected concurrently with the collection of another blood component
by apheresis. In addition, the comments requested that 21 CFR 640.34
and other provisions in the regulations be revised and harmonized to
allow interchangeability of the plasma from intravenous use to
manufacturing use after blood collection.
    FDA presently has this issue under consideration and may address
this in future rulemaking, if warranted. This comment is beyond the
scope of this rulemaking.
    One comment requested that FDA provide the rationale for the
revision to 21 CFR 640.34(b) requiring fresh frozen plasma collected by
an apheresis procedure to be prepared from blood collected by single
uninterrupted venipuncture, and why it was differentiated from other
components collected by apheresis. The comment also questioned whether
the current practice of using a sterile connecting device to attach a
sterile needle in the event of blood flow interruption would be
prohibited in the future.

    The rationale for requiring blood and blood components, including
fresh frozen plasma collected by an apheresis procedure, to be
collected by a single uninterrupted venipuncture is to help ensure
minimal tissue damage which could activate the coagulation cascade.
This is also a requirement for Platelet collection. Under 21 CFR
640.22(d), the regulation states that Platelet phlebotomy shall be
performed by a single uninterrupted venipuncture with minimal damage
to, and minimal manipulation of, the donor's tissue. FDA does not
anticipate, in the near future, any change in the policy for using a
sterile connecting device to attach a sterile needle to a collection
set in the event of a blood flow interruption.

List of Subjects

21 CFR Part 640

    Blood, Labeling, Reporting and recordkeeping requirements.

0
Therefore, under the Federal Food, Drug, and Cosmetic Act and the
Public Health Service Act, and under authority delegated by the
Commissioner of Food and Drugs, 21 CFR part 640 is amended as follows:

PART 640--ADDITIONAL STANDARDS FOR HUMAN BLOOD AND BLOOD PRODUCTS

0
1. The authority citation for 21 CFR part 640 continues to read as
follows:

    Authority: 21 U.S.C. 321, 351, 352, 353, 355, 360, 371; 42
U.S.C. 216, 262, 263, 263a, 264.

0
2. Section 640.4 is amended by revising paragraph (h) to read as
follows:

Sec.  640.4  Collection of the blood.

* * * * *
    (h) Storage. Whole Blood must be placed in storage at a temperature
between 1 and 6 [deg]C immediately after collection unless the blood is
to be further processed into another component or the blood must be
transported from the donor center to the processing laboratory. If
transported, the blood must be placed in temporary storage having
sufficient refrigeration capacity to cool the blood continuously toward
a temperature range between 1 and 10 [deg]C until arrival at the
processing laboratory. At the processing laboratory, the blood must be
stored at a temperature between 1 and 6 [deg]C. Blood from which a
component is to be prepared must be held in an environment maintained
at a temperature range specified for that component in the directions
for use for the blood collecting, processing, and storage system
approved for such use by the Director, CBER.

Sec.  640.24  [Amended]

0
3. Section 640.24 is amended in the first sentence of paragraph (d) by
removing ``6.0'' and adding in its place ``6.2''.

    Dated: February 1, 2008.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. E8-2322 Filed 2-7-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 79, Number 101 (Tuesday, May 27, 2014)]
[Rules and Regulations]
[Pages 30021-30025]
[FR Doc No: 2014-12152]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 772 and 774

[Docket No. 131121983-4407-01]
RIN 0694-AG02

Revisions to the Export Administration Regulations Based on the
2013 Missile Technology Control Regime Plenary Agreements

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) to reflect changes to the
Missile Technology Control Regime (MTCR) Annex that were agreed to by
MTCR member countries at the October 2013 Plenary in Rome, Italy, and
at the 2013 Technical Experts Meeting in Bonn, Germany. This final rule
revises eight Export Control Classification Numbers (ECCNs), adds one
new ECCN and lastly revises two defined terms (the definition of
``payload'' and ``repeatability'') to implement the changes that were
agreed to at the meetings.

DATES: This rule is effective: May 27, 2014.

FOR FURTHER INFORMATION CONTACT: Sharon Bragonje, Nuclear and Missile
Technology Controls Division, Bureau of Industry and Security, Phone:
(202) 482-0434; Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The MTCR is an export control arrangement among 34 nations,
including most of the world's suppliers of advanced missiles and
missile-related equipment, materials, software and technology. The
regime establishes a common list of controlled items (the Annex) and a
common export control policy (the Guidelines) that member countries
implement in accordance with their national export controls. The MTCR
seeks to limit the risk of proliferation of weapons of mass destruction
by controlling exports of goods and technologies that could make a
contribution to delivery systems (other than manned aircraft) for such
weapons.
    In 1992, the MTCR's original focus on missiles for nuclear weapons
delivery was expanded to include the proliferation of missiles for the
delivery of all types of weapons of mass destruction (WMD), i.e.,
nuclear, chemical and biological weapons. Such proliferation has been
identified as a threat to international peace and security. One way to
counter this threat is to maintain vigilance over the transfer of
missile equipment, material, and related technologies usable for
systems capable of delivering WMD. MTCR members voluntarily pledge to
adopt the regime's export Guidelines and to restrict the export of
items contained in the regime's Annex. The implementation of the
regime's Guidelines is effectuated through the national export control
laws and policies of the regime members.

Amendments to the Export Administration Regulations

    This final rule revises the EAR to reflect changes to the MTCR
Annex agreed to at the October 2013 Plenary in Rome, Italy, and at the
2013 Technical Experts Meeting in Bonn, Germany. Corresponding MTCR
Annex references are provided below for the MTCR Annex changes agreed
to at the meetings. In the explanation below for the revisions made in
this rule, BIS identifies these changes as follows: ``Rome 2013
Plenary'' and ``Bonn 2013 TEM'' to assist the public in understanding
the origin of each change included in this final rule.
    In section 772.1 (Definitions of Terms as Used in the Export
Administration Regulations) this final rule amends the definition of
the term ``payload'' (MTCR Annex Change, Definitions: ``Payload,'' Bonn
2013 TEM). The definition of ``payload'' is revised by adding the
phrase ``and separation systems'' to the end of the description for
space launch vehicles in Technical Note (b.2). This control changes the
definition of ``payload'' for space launch vehicles to specifically
identify separation systems. This is a clarification and will not
change any scope of control. This change is not expected to have any
impact on the number of license applications received by BIS.
    In addition, in section 772.1, this final rule amends the
definition of the term ``repeatability'' (MTCR Annex Change, Category
II: Item 9.A.3., Rome 2013 Plenary). This final rule adds the phrase
``for Inertial Sensor Terminology'' after the phrase ``IEEE Standard''
to add more description regarding the standard being referenced. In
addition, after the standard number 528-2001, this final rule adds the
phrase ``in the Definitions section paragraph 2.214 titled
repeatability (gyro, accelerometer).'' These changes are not
substantive and are limited to assisting the public in more easily
identifying the standards being referenced in the ``repeatability''
definition. This change is not expected to have any impact on the
number of license applications received by BIS.
    In addition, this rule amends the Commerce Control List (CCL) to
reflect changes to the MTCR Annex. Specifically, the following nine
ECCNs are affected:
    ECCN 1B102 is amended by revising ``items'' paragraph (a) in the
List of Items Controlled section by correcting a typographical error in
the phrase ``metal power'' to make it read ``metal powder.'' This final
rule also revises paragraph (a) by adding the term ``spheroidal'' to
clarify that those types of materials are also within the scope of this
paragraph. Lastly, this final rule revises the cross reference to the
United States Munitions List (USML) to make the cross reference more
specific and to conform to recent changes to the manner in which items
controlled for MT reasons are identified on the USML (MTCR Annex
Change, Category II: Item 4.B.3.d., Bonn 2013 TEM). This change is a
follow-up conforming change to the CCL to reflect the previous
inclusion of the term ``spheroidal'' in ECCNs 1C011 and 1C111 in the
2012 MTCR Plenary

Agreements rule published on July 16, 2013 (78 FR 42430), which made it
clear that metal powders are not perfectly spherical. This change is
not expected to have any impact on the number of license applications
received by BIS.
    ECCN 1B117 is amended by revising ``items'' paragraph (b) in the
List of Items Controlled section to add single quotes around the term
`mixing/kneading shaft.' In addition, this final rule adds a new Note
to paragraph (b) to specify that the term `mixing/kneading shaft' does
not refer to deagglomerators or knife-spindles to clarify the scope of
this term as used in this paragraph (MTCR Annex Change, Category II:
Item 4.B.3., Bonn 2013 TEM). This change clarifies what constitutes a
mixing/kneading shaft in a batch mixer. This change is not expected to
have any impact on the number of license applications received by BIS.
    ECCN 1D001 is amended by revising the MT control(s) paragraph in
the License Requirements section to remove the term ``use'' and replace
it with the terms ``operation'' and ``maintenance,'' which are two of
six elements from the defined term ``use'' (MTCR Annex Change, Category
II: Item 6.D.1., Rome 2013 Plenary). This change is made as a result of
the U.S. Government's efforts to replace the defined term ``use''
within the Annex with more specific language (such as ``operation'' and
``maintenance'' or other terms) in certain entries to better identify
the items warranting control. Although this changes the scope of the MT
control in this ECCN, this change is only expected to result in an
increase of 3-5 applications received annually by BIS.
    ECCN 1D018 is amended by revising the MT control(s) paragraph in
the License Requirements section to remove the term ``use'' and replace
it with the terms ``operation'' and ``maintenance,'' which are two of
six elements from the defined term ``use'' (MTCR Annex Change, Category
II: Item 4.D.1., Rome 2013 Plenary). This is the result of the U.S.
Government's efforts to replace the defined term ``use'' within the
Annex with more specific language (such as ``operation'' and
``maintenance'' or other terms) in certain entries to better identify
the items warranting control. Although this change clarifies the scope
of the MT control in this ECCN, this change is expected to result in an
increase of 1-2 applications received annually by BIS.
    ECCN 1D101 is amended by revising the heading to remove the term
``use'' and replace it with the terms ``operation'' and
``maintenance,'' which are two of six elements from the defined term
``use'' (MTCR Annex Change, Category II: Item 4.D.1., Rome 2013
Plenary). This is the result of the U.S. Government's efforts to
replace the defined term ``use'' within the Annex with more specific
language (such as ``operation'' and ``maintenance'' or other terms) in
certain entries to better identify the items warranting control.
Although this change clarifies the scope of the ECCN heading, this
change is expected to result in an increase of 3-5 applications
received annually by BIS.
    ECCN 6A107 is amended by revising the heading and the ``items''
paragraph in the List of Items Controlled section to make clearer how
gravity meters and gravity gradiometers are controlled under this ECCN
(MTCR Annex Change, Category II: Item 12.A.3., Bonn 2013 TEM).
Previously, both gravity meters and gravity gradiometers were specified
by the same parameters, when in fact gravity meters and gradiometers
measure different values and these results are expressed in different
units. A gravity meter measures local gravitational forces directly,
and is expressed in milligals. A gradiometer measures the rate of
change of gravitational acceleration, or gravity gradient. Gradiometers
have more complex units, and as any gradiometer that is designed or
modified for airborne or marine use can be used in missiles, the text
covers all gradiometers, regardless of performance values. This change
is a correction. Although this change clarifies the scope of the ECCN,
this change is not expected to have any impact on the number of license
applications received by BIS.
    ECCN 9A101 is amended by revising ``items'' paragraph (a.2) to add
the phrase ``conditions using the ICAO standard atmosphere'' to provide
greater specificity for how specific fuel consumption should be
measured for purposes of this paragraph when at static sea level (MTCR
Annex Change, Category II: Item 3.A.1.a.2., Bonn 2013 TEM). This is a
clarification of what standard conditions are to be applied during
measurement. This change is not expected to have any impact on the
number of license applications received by BIS.
    ECCN 9A102 is added to the EAR. This new ECCN 9A102 will control
`turboprop engine systems' ``specially designed'' for items controlled
in 9A012 for MT reasons, and ``specially designed'' ``parts'' and
``components'' therefor, having a maximum power greater than 10 kW
achieved uninstalled at sea level static conditions using the ICAO
standard atmosphere. New ECCN 9A102 also includes a technical note to
clarify what ``components'' a `turboprop engine system' incorporates
(MTCR Annex Change, Category II: Item 3.A.9., Bonn 2013 TEM). Annex
entry 3.A.9. was revised at the Bonn 2013 TEM. At that time the U.S.
Government, in reviewing the new change, determined that the existing
CCL entries did not control for MT reasons the commodities identified
in Annex Item 3.A.9. Therefore, BIS needed to create a new ECCN 9A102
to control the commodities identified in Annex Item 3.A.9. This change
is expected to result in an increase of 1-2 applications received
annually by BIS.
    ECCN 9B106 is amended by revising ``items'' paragraph a.2 in the
List of Items Controlled section to add the term ``while'' for
clarification (MTCR Annex Change, Category II: Item 15.B.4.a.2., Bonn
2013 Plenary). This is a minor correction to the wording used in
paragraph (a.2). This change is not expected to have any impact on the
number of license applications received by BIS.

Savings Clause

    Shipments of items removed from eligibility for a License Exception
or export or reexport without a license (NLR) as a result of this
regulatory action that were on dock for loading, on lighter, laden
aboard an exporting or reexporting carrier, or en route aboard a
carrier to a port of export or reexport, on May 27, 2014, pursuant to
actual orders for export or reexport to a foreign destination, may
proceed to that destination under the previous eligibility for a
License Exception or export or reexport without a license (NLR) so long
as they are exported or reexported before June 26, 2014. Any such items
not actually exported or reexported before midnight, on June 26, 2014,
require a license in accordance with this rule.

Export Administration Act

    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March
8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of
August 8, 2013, 78, 2013, 78 FR 49107(August 12, 2013), has continued
the Export Administration Regulations in effect under the International
Emergency Economic Powers Act. BIS continues to carry out the
provisions of the Export Administration Act, as appropriate and to the
extent permitted by law, pursuant to Executive Order 13222.

Regulatory Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be significant 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 involves
collections previously approved by OMB under control number 0694-0088,
Simplified Network Application Processing System, which includes, among
other things, license applications and carries a burden estimate of
43.8 minutes for a manual or electronic submission. Total burden hours
associated with the PRA and OMB control number 0694-0088 are expected
to increase slightly as a result of this rule. You may send comments
regarding the collection of information associated with this rule,
including suggestions for reducing the burden, to Jasmeet K. Seehra,
Office of Management and Budget (OMB), by email to<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>.
    3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 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 and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). Immediate
implementation of these amendments fulfills the United States'
international commitments to the MTCR. The MTCR contributes to
international peace and security by promoting greater responsibility in
transfers of missile technology items that could make a contribution to
delivery systems (other than manned aircraft) for weapons of mass
destruction. The MTCR consists of 34 member countries that act on a
consensus basis and the changes set forth in this rule implement
agreements reached by MTCR member countries at the October 2013 Plenary
in Rome, Italy. Since the United States is a significant exporter of
the items in this rule, implementation of this provision is necessary
for the MTCR to achieve its purpose. Moreover, it is in the public's
interest to waive the notice and comment requirements, as any delay in
implementing this rule will disrupt the movement of affected items
globally because of disharmony between export control measures
implemented by MTCR members, resulting in tension between member
countries. Export controls work best when all countries implement the
same export controls in a timely manner. If this rulemaking were
delayed to allow for notice and comment and a 30 day delay in
effectiveness, it would prevent the United States from fulfilling its
commitment to the MTCR in a timely manner, would injure the credibility
of the United States in this and other multilateral regimes, and may
impair the international communities' ability to effectively control
the export of certain potentially national- and international-security-
threatening materials.
    Further, no other law requires that a notice of proposed rulemaking
and an opportunity for public comment be given for this final rule.
Because a notice of proposed rulemaking and an opportunity for public
comment are not required to be given for this rule under the
Administrative Procedure Act or by any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable. Therefore, this regulation is issued in final form.

List of Subjects

15 CFR Part 772

    Exports.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, parts 772 and 774 of the Export Administration
Regulations (15 CFR parts 730-774) are amended as follows:

PART 772--[AMENDED]

0
1. 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 August
8, 2013, 78 FR 49107 (August 12, 2013).

0
2. Section 772.1 is amended:
0
a. By revising Technical Notes b.2 of the ``payload'' definition; and
0
b. By adding, in alphabetical order, a second definition of
``repeatability'' as set forth below:

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

* * * * *
    Payload. * * *
    NOTE: * * *
    TECHNICAL NOTES:
    a. * * *
    b. Space Launch Vehicles--``Payload'' includes:
    1. * * *
    2. Spacecraft-to-launch vehicle adapters including, if applicable,
apogee/perigee kick motors or similar maneuvering systems and
separation systems;
    * * *
* * * * *
    ``Repeatability''. (MTCR Context only) (Cat 7)--According to IEEE
Standard for Inertial Sensor Terminology 528-2001 in the Definitions
section paragraph 2.214 titled repeatability (gyro, accelerometer) as
follows: ``The closeness of agreement among repeated measurements of
the same variable under the same operating conditions when changes in
conditions or non-operating periods occur between measurements.''
* * * * *

PART 774--[AMENDED]

0
3. 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; 15 U.S.C. 1824a; 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 August 8, 2013, 78 FR 49107 (August 12, 2013).

0
4. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1B102 is amended by revising ``items'' paragraph a in the List
of Items Controlled section to read as follows:

Supplement No. 1 to Part 774--The Commerce Control List

* * * * *
1B102 Metal powder ``production equipment,'' other than that
specified in

1B002, and ``parts'' and ``components'' as follows (see List of
Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:

    a. Metal powder ``production equipment'' usable for the
``production'', in a controlled environment, of spherical,
spheroidal or atomized materials specified in 1C011.a., 1C011.b.,
1C111.a.1., 1C111.a.2., or controlled for MT reasons in Category V
of the USML.
* * * * *

0
5. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1B117 is amended:
0
a. By revising ``items'' paragraph b in the List of Items Controlled
section; and
0
b. By adding a note to ``items'' paragraph b in the List of Items
Controlled section to read as follows:

1B117 Batch mixers with provision for mixing under vacuum in the
range from zero to 13.326 kPa and with temperature control
capability of the mixing chamber and having all of the following
characteristics (see List of Items Controlled), and ``specially
designed'' ``parts'' and ``components'' therefor.
* * * * *
    List of Items Controlled
* * * * *
Items:
* * * * *
    b. At least one `mixing/kneading shaft' mounted off center.

    Note to paragraph b:  In 1B117.b. the term `mixing/kneading
shaft' does not refer to deagglomerators or knife-spindles.

0
6. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1D001 is amended by revising the second entry in the License
Requirements table to read as follows:

1D001 ``Software'' ``specially designed'' or modified for the
``development'', ``production'' or ``use'' of equipment controlled
by 1B001 to 1B003.

License Requirements

Reason for Control: * * *

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738).

                                * * * * *
MT applies to ``software'' for the          MT Column 1
 ``development,'' ``production,''
 operation, or maintenance of items
 controlled by 1B001 for MT reasons.

                                * * * * *

* * * * *

0
7. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1D018 is amended by revising the second entry in the License
Requirements table to read as follows:

1D018 ``Software'' ``specially designed'' or modified for the
``development'', ``production'', or ``use'' of items controlled by
1B018.

License Requirements

Reason for Control: * * *

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738).

                                * * * * *
MT applies to ``software'' for the
 ``development'', ``production'',
 operation, or maintenance of items
 controlled by 1B018 for MT reasons.

                                * * * * *

* * * * *

0
8. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1D101 is amended by revising the heading to read as follows:

1D101 ``Software'' ``specially designed'' or modified for the
operation or maintenance of commodities controlled by 1B101, 1B102,
1B115, 1B117, 1B118, or 1B119.
* * * * *

0
9. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A107 is amended:
0
a. By revising the heading; and
0
b. By revising the ``items'' paragraph in the List of Items Controlled
section to read as follows:

6A107 Gravity meters (gravimeters) or gravity gradiometers, other
than those controlled by 6A007, designed or modified for airborne or
marine use, as follows, (see List of Items Controlled) and
``specially designed'' ``parts'' and ``components'' therefor.
* * * * *

List of Items Controlled

* * * * *
Items:

    a. Gravity meters having all the following:
    1. A static or operational accuracy equal to or less (better)
than 0.7 milligal (mgal); and
    2. A time to steady-state registration of two minutes or less.
    b. Gravity gradiometers.

0
10. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A101 is amended by revising ``items'' paragraph a.2 in
the List of Items Controlled section to read as follows:

9A101 Turbojet and turbofan engines, other than those controlled by
9A001, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:

    a. * * *
* * * * *
    a.2. Specific fuel consumption of 0.15 kg N -1 h
-1 or less (at maximum continuous power at sea level
static conditions using the ICAO standard atmosphere); or
* * * * *

0
11. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion add new ECCN 9A102 between ECCNs
9A101 and 9A103 to read as follows:

9A102 `Turboprop engine systems' ``specially designed'' for items
controlled in 9A012 for MT reasons, and ``specially designed''
``parts'' and ``components'' therefor, having a maximum power
greater than 10 kW (achieved uninstalled at sea level static
conditions using the ICAO standard atmosphere), excluding civil
certified engines.

License Requirements

Reason for Control: MT, AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738).

MT applies to entire entry................  MT Column 1
AT applies to entire entry................  AT Column 1

List Based License Exceptions (See Part 740 for a description of all
license exceptions)

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

List of Items Controlled

Related Controls: (1) See also 9A001 and 9A101.
Related Definitions: N/A
Items:

    The list of items controlled is contained in the ECCN heading.

    Technical Note to 9A102: For the purposes of 9A102 a `turboprop
engine system' incorporates all of the following:
    a. Turboshaft engine; and
    b. Power transmission system to transfer the power to a
propeller.

0
12. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9B106 is amended by revising ``items'' paragraph a.2 in
the List of Items Controlled section to read as follows:

9B106 Environmental chambers usable for rockets, missiles, or
unmanned aerial vehicles capable of achieving a ``range'' equal to
or greater than 300 km and their subsystems, as follows (see List of
Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:

    a. * * *
* * * * *
    a.2. Incorporating, or designed or modified to incorporate, a
shaker unit or other vibration test equipment to produce vibration
environments equal to or greater than 10 g rms, measured `bare
table', between 20 Hz and 2 kHz while imparting forces equal to or
greater than 5 kN;
    Technical Notes: * * *
* * * * *

    Dated: May 21, 2014.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2014-12152 Filed 5-23-14; 8:45 am]
BILLING CODE 3510-33-P