                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            REGION IX AIR DIVISION

                          Technical Support Document
                                      for
                              EPA's Rulemaking
                                    for the
                     California State Implementation Plan

San Diego County Air Pollution Control District, Rule 67.12.1, and rescission of Rule 67.12
                          Polyester Resin Operations

                          Prepared by: Arnold Lazarus
                             Reviewed by: Doris Lo
                                 November 2017

Agency
San Diego County Air Pollution Control District (SDCAPCD)
SIP Approved Rule
                    Rule 67.12 - Polyester Resin Operations
Adopted - May 15, 1996
Submitted - October 18, 1996
EPA Approved - March 27, 1997 (62 FR 14639)
Subjects of this TSD

Rule 67.12 - Polyester Resin Operations
Repealed/Rescinded  -  May 11, 2016
Effective May 11, 2017
Submitted  -  August 22, 2016

Rule 67.12.1 - Polyester Resin Operations
Adopted - May 11, 2016
Submitted - August 22, 2016
Completeness Finding
Determination of Completeness letter: September 27, 2016

BACKGROUND  -  SDCAPCD regulates air quality in San Diego County, which is classified as a "Moderate" nonattainment area for the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS). The Clean Air Act (CAA) requires that for areas classified as Moderate nonattainment or greater, the State must submit provisions to the State Implementation Plan (SIP) to require implementation of reasonably available control technology (RACT) for major sources, as well as all sources covered by a Control Techniques Guideline (CTG). See CAA section 182(b)(2). There is an Environmental Protection Agency (EPA) control techniques guideline (CTG) document covering a category of volatile organic compound (VOC) sources regulated by this rule: "Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials," EPA-453/R-08-004, September 2008. However, the District has indicated that it does not have any sources that meet the applicability threshold for that CTG.

In a submission to the SDCAPCD governing board, the air pollution control officer stated that, "If adopted, Rule 67.12.1 will replace existing Rule 67.12, which was last updated in 1996 and is now outdated. Since 1996, manufacturers of polyester resin materials have developed new materials that contain less VOCs while still meeting appearance, durability, strength, and other performance needs. Proposed Rule 67.12.1 reflects the development and availability of these lower emitting materials. Several air districts throughout California have already adopted the same requirements and compliant polyester resin materials are now readily available and are largely in use in San Diego County."

Rule 67.12.1 was adopted locally on May 11, 2016, and Rule 67.12 was repealed effective May 11, 2017. New operations must comply with new Rule 67.12.1 upon startup. Sources electing to comply with the rule by installing air pollution control equipment had until November 11, 2017 to comply with all applicable rule requirements.

"There are 24 facilities in San Diego County that are currently subject to existing Rule 67.12 and thus subject to proposed new Rule 67.12.1, with total VOC emissions from polyester resin operations of approximately 25 tons per year. The proposed new rule will reduce VOC emissions by approximately 4 tons per year or 16%. Most affected facilities already voluntarily comply with the proposed standards and thus the emission reductions are occurring. Nevertheless, adoption of Rule 67.12.1 is necessary to account for these emission reductions in the air quality program and fulfill state and federal mandates."

RULE SUMMARY - SDCAPCD Rule 67.12.1 controls VOC emissions from polyester resin operations. The rule was adopted to replace the SIP approved Rule 67.12, which was repealed by the SDCAPCD on May 11, 2016. Major differences between Rule 67.12.1 and repealed Rule 67.12 include:
(a) Applicability (1) - expanded to include associated surface preparation, solvent cleaning and cleaning of application equipment.
(b) Exemptions (1)(i) - revised from 1 gallon per operating day of polyester resin to 20 gallons per month.
(c) Definitions - Twelve definitions were added (Electrostatic Spray, Filler, High Strength Resin, Lamination Resin, Manual Application, Non-Atomizing Application, Primer Gel Coat, Solid Surface Resin, Specialty Gel Coat, Surface Preparation, Tub/Shower Resin, and VOC Content per Volume of Material) and two definitions were removed (Reclamation System, Waste Material). Other definitions were modified (e.g. Corrosion Resistant Resin, High-Volume Low-Pressure (HLVP) Spray, and Monomer).
(d) Standards - Table 1 shows the changes in categories of polyester resins and their respective monomer content percentage. Collectively, these revisions significantly strengthen the rule requirements.

Table 1 Percentage of Monomer Weight in Polyester Resin Categories Allowed in Rules 67.12 and 67.12.1
Category
Rule 67.12
Rule 67.12.1
Clear Gel Coat
50

Marble Gel Coat

40
Other Clear Gel Coats

44
Pigmented Gel Coat
45

White and Off-White Gel Coats

30
Other Non-White Gel Coats

37
Primer Gel Coat

28
Specialty Gel Coat

48
Corrosion-Resistant or Fire Retardant Resin
50

Corrosion-Resistant Resin

48
Fire Retardant Resin

38
Resin Material
35

Marble Resins

10
Marble Resins without fillers

32
Solid Surface Resins

17
Tub/Shower Resins

24
Tub/Shower Resins without fillers

35
Lamination Resins

31
Lamination Resins without fillers

35
Other Resins

35

(e) Control Equipment - This section has been newly established with guidelines for operation and standards.
(f) Record Keeping - Record keeping provisions (f) (2) have been established specifically for usage of Polyester Resin Operations with control devices.
(g) Test Methods  -  Two test methods were retained from the repealed rule, one was expanded, and four new test methods were added. There is also a provision for an alternative test method if it has the approval, in writing, of the Air Pollution Control Officer, the California Air Resources Board and the EPA.

EVALUATION CRITERIA -

1.	Enforceability - The Bluebook (Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, EPA, May 25, 1988) and the Little Bluebook (Guidance Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001) were used to help evaluate compliance with the CAA §110(a)(2)(A) requirement for enforceability.

      2.	Stringency - SIPs must require RACT for each category of sources covered by a CTG as well as each major source in ozone nonattainment areas classified as Moderate or above (see section 182(b)(2)). EPA's CTG titled, "Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials," EPA-453/R-08-004, September 2008, and other state and local rules for this category were used to help evaluate the RACT requirements of CAA §182(b)(2).

      3.	SIP Relaxation - CAA §110(l) prohibits EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicable requirement of the CAA. In addition, CAA §193 prohibits the modification of any SIP-approved control requirement in effect or required to be adopted before November 15, 1990, in a nonattainment area, unless the modification insures equivalent or greater emission reductions.

EPA EVALUATION -

      1. 	Enforceability - To help ensure enforceability, the rule requirements and applicability are clear, and the monitoring, recordkeeping, reporting and other provisions sufficiently ensure that affected sources and regulators can evaluate and determine compliance with Rule 67.12.1 consistently.

2. 	Stringency - Rule 67.12.1 was compared to SIP approved Eastern Kern Air Pollution Control District (EKAPCD), Rule 432, "Polyester Resin Operations," San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) Rule 4684, "Polyester Resin Operations," and South Coast Air Quality Management District (SCAQMD) Rule 1162, "Polyester Resin Operations." The percentage of monomer weight in all categories are the same. Therefore, we conclude that Rule 67.12.1 monomer limits are consistent with limits in other SIP approved rules for manufacturing operations using polyester resins.

	With respect to the fiberglass boat manufacturing materials CTG, we identified one limit in Rule 67.12.1 (Pigmented Gel Coat  -  Other Non-White Gel Coats 37%) that is higher than the CTG's recommendation (Pigmented gel coat 33%). SDCAPCD provided the EPA with a table listing all polyester resin operations in the District and actual emissions from those facilities. The table indicates there are no fiberglass boat manufacturing operations in the District with actual emissions exceeding the fiberglass boat manufacturing materials CTG applicability threshold of 2.7 tons per year (tpy). The table indicates the largest emissions from a fiberglass boat facility in the District was 644 pounds/year (0.322 tpy). The EPA searched the California Air Resources Board emission inventory database and did not locate any fiberglass boat manufacturing facilities exceeding the CTG applicability threshold. We therefore conclude that Rule 67.12.1 does not regulate any sources covered by the fiberglass boat manufacturing CTG, and thus is not required to address the presumptive RACT limits of that CTG in its RACT analysis. If a fiberglass boat manufacturing operation with emissions surpassing the CTG threshold locates in the District in the future, the District will need to update its RACT analysis to address the CTG limits. In addition, the table indicates the largest source emits 13.062 tpy, well below the 100 tpy major source threshold for Moderate nonattainment areas.

      3. 	SIP Relaxation - We believe the revised exemption of 1 gal/day (and 0.5 gal/day for marine vessel repair operations) to 20 gal/month in paragraph (b) (1) (i) will have negligible emission impacts in comparison with the overall emission reductions achieved by the rule. In support of this conclusion, the District provided both an explanation of the overall emission reductions from the rule, showing emission reductions of 4.3 tpy and a description of the small number of regulated marine vessel repair operations in the District including an explanation of the District's accounting thereof. Accordingly, even if the modified exemption results in a small overall emission increase, any such increase will be offset by other rule improvements including lower VOC limits in paragraph (d)(1)(i). Therefore, we propose to determine that our approval of the submittal would comply with CAA §110(l) because (1) the proposed SIP revision would not interfere with the on-going process for ensuring that requirements for RFP and attainment of the NAAQS are met, and (2) the emission limits in the submitted rule are more stringent than the existing SIP-approved control requirements that they would replace. CAA §193 does not apply to this rule because it was not in place or required to be adopted before November 15, 1990.

RULE DEFICIENCIES  -  We find no deficiencies to preclude a full approval of Rule 67.12.1, and rescission of Rule 67.12.

ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION - The following revisions are recommended for the next time the rule is amended:
 Consistent with CAA Title V requirements, EKAPCD Rule 432 V.7 and SJVUAPCD Rule 4684 (6.1.7), we recommend that Section (f)(3) require that records be retained on site for five years instead of three years.
 SCAQMD Rule 1162 does not exempt facilities that use less than 20 gallons of polyester resin materials per month. Please consider whether this exemption in paragraph (b)(1)(i) is necessary.
 Paragraph (g)(7) provides that "subsequent to the initial compliance demonstration period, appropriate key system operating parameters as approved by the Air Pollution Control Officer may be used as indicators of the performance of the emission control system." If the rule is modified in the future to allow for the use of "appropriate key system operating parameters" in place of specific requirements of the enumerated test methods, the rule should either specify the "appropriate key system operating parameters" that may be used, or remove the discretion of the APCO to approve these parameters without EPA approval.
 Paragraph (b)(1)(ii) exempts coatings subject to Rule 67.0. Rule 67.0 has been replaced with Rule 67.0.1. In accordance with communication from the District, paragraph (b)(1)(ii) should be clarified to indicate that this exemption applies to the current version of this rule.
 Paragraph (c)(3) defines "closed mold operations," but elsewhere in the rule uses the term "closed mold polyester resin operations" to refer to these operations. The rule should standardize its terminology in accordance with the defined term.  In addition, the definition of "closed mold operations" should be clarified to indicate that it does not include vacuum bagging.
 We recommend SDCAPCD consider adopting a negative declaration for the fiberglass boat manufacturing operations CTG since the District's data indicates it does not have facilities meeting the CTG's applicability threshold of 15 pounds/day or 2.7 tpy.

EPA ACTION - The submitted Rule 67.12.1 strengthens the SIP and fulfils the relevant CAA §110 and part D requirements. Therefore, EPA staff recommends approval of Rule 67.12.1 pursuant to CAA §110(k)(3) and §301(a), accompanied with a rescission of Rule 67.12.

REFERENCES
       "Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations," (a.k.a., Bluebook) EPA OAQPS, May 25, 1988.
       "Guidance Document for Correcting Common VOC & Other Rule Deficiencies," (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001.
       Letter from Robert J. Kard, Air Pollution Control Officer of the SDCAPCD to the San Diego County Air Pollution Control Board, May 11, 2016.
       "Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials," EPA-453/R-08-004, September 2008.
       Rule 67.12, "Polyester Resin Operations," adopted, May 15, 1996, submitted October 18, 1996, approved, March 27, 1997 (62 FR 14639).
       Rule 67.12.1, "Polyester Resin Operations," adopted, May 11, 2016, submitted August 22, 2016.
       Rule 432, "Polyester Resin Operations," EKAPCD, adopted March 13, 2014 and approved June 5, 2015 (80 FR 32026).
       Rule 4684, "Polyester Resin Operations," SJVUAPCD, adopted August 18, 2011 and approved February 6, 2012 (77FR 5709).
       Rule 1162, "Polyester Resin Operations," SCAQMD, adopted July 8, 2005 and approved, July 26, 2011 (76 FR 44493).
       40 CFR Part 63, Subpart VVVV - National Emission Standards for Hazardous Air Pollutants (NESHAP) for Boat Manufacturing; Final Rule, August 22, 2001.
       40 CFR Part 63 Subpart WWWW NESHAP, Reinforced Plastic Composites Production; Final Rule, April 21, 2003.
       Code of Federal Regulations, Title 40, Chapter C, Part 51, Subpart F, Section 51.100, "Definitions" (40 CFR 51.100).
       Email dated May 19, 2017 from Angela Ortega (SDCAPCD) to Andrew Steckel (USEPA), "RE: EPA questions regarding San Diego Rule 67.12.1" with attachment "Response to Rule 67.12.1 EPA Questions".
       Email dated June 30, 2017, from Angela Ortega (SDCAPCD) to Arnold Lazarus (USEPA), RE: "Response to EPA regarding Rule 67.12.1 06_30_17 revised.docx" with attachment "Response to EPA regarding Rule 67.12.1 06_30_17 revised.docx".
       Email dated July 12, 2017, from Angela Ortega (SDCAPCD) to Arnold Lazarus (USEPA), RE: "RE: Response to EPA regarding Rule 67.12.1 06_30_17 revised.docx" with attachment "R67.12.1 emission reduction calculations for EPA 071217.pdf".


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I was a smoker for 12 years and thanks to electronic cigarettes I have been able to stop using the combustible cigarettes. I have been using the electronic cigaretts for 6 months and have never felt better, I have been able to go outside and play with my nieces and nephews for longer than 20 minutes without feeling out of breath. My Mom has been a smoker for 40 years and has COPD and asthma as well as some other health problems. She has tried the gum, patches, and cold turkey nothing has worked until I introduced her to the electronic cigarette. I believe because of introducing her to the e-cig I have extended the amount of time I will be able to spend with her on this Earth,

I appreciate your consideration of my request and am happy to discuss this issue with you further.


[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Rules and Regulations]
[Pages 54079-54081]
[FR Doc No: 2021-21098]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0766]
RIN 1625-AA00

Safety Zone; Pier 27 Fireworks Display, San Francisco, CA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the San Francisco Bay near Pier 27 in support of a
fireworks display on October 1, 2021. The safety zone is necessary to
protect personnel, vessels, and the marine environment from potential
hazards created by pyrotechnics. Unauthorized persons or vessels are
prohibited from entering into, transiting through, or remaining in the
safety zone without the permission of the Captain of the Port San
Francisco or a designated representative.

DATES: This rule is effective from 9:00 a.m. until 10:30 p.m. on
October 1, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0766 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade, William Harris, Waterways
Management, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The Coast Guard
did not receive final details for this event until September 20, 2021.
It is impracticable to go through the full notice and comment rule
making process because the Coast Guard must establish this safety zone
by October 1, 2021, and lacks sufficient time to provide a reasonable
comment period and to consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public interest because immediate action
is necessary to protect personnel, vessels, and the marine environment
from the potential safety hazards associated with

the fireworks display near Pier 27 in the San Francisco Bay on October
1, 2021.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port San
Francisco (COTP) has determined that potential hazards associated with
the Pier 27 Fireworks Display on October 1, 2021, will be a safety
concern for anyone within a 100-foot radius of the fireworks barge
during loading and staging, and anyone within a 500-foot radius of the
fireworks barge starting 30 minutes before the fireworks display is
scheduled to commence and ending 30 minutes after the conclusion of the
fireworks display. For this reason, this temporary safety zone is
needed to protect personnel, vessels, and the marine environment in the
navigable waters around the fireworks barge and during the fireworks
display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 9:00 a.m. until
10:30 p.m. on October 1, 2021, during the loading, staging, and transit
of the fireworks barge in San Francisco Bay near Pier 27, San
Francisco, CA, and until 30 minutes after completion of the fireworks
display. During the loading, staging, and transit of the fireworks
barge scheduled to take place between 9:00 a.m. and 9:20 p.m. on
October 1, 2021, until 30 minutes prior to the start of the fireworks
display, the safety zone will encompass the navigable waters around and
under the fireworks barge, from surface to bottom, within a circle
formed by connection of all points 100 feet out from the fireworks
barge. Loading the pyrotechnics onto the fireworks barge is scheduled
from 10 a.m. to 4 p.m. on October 1, 2021, at Pier 50 in San Francisco,
CA.
    The fireworks barge will remain at Pier 50 until the start of its
transit to the display location. Towing of the barge from Pier 50 to
the display location is scheduled to take place from 9:00 p.m. to 9:15
p.m. on October 1, 2021, where it will remain until the conclusion of
the fireworks display.
    At 9:20 p.m. on October 1, 2021, 30 minutes prior to the
commencement of the 10-minute fireworks display, the safety zone will
increase in size and encompass the navigable waters around and under
the fireworks barge, from surface to bottom, within a circle formed by
all connecting points 500 feet from the circle center at approximate
position 37[deg]48'23.0'' N, 122[deg]23'51.1'' W (NAD 83). The safety
zone will terminate at 10:30 p.m. on October 1, 2021, or as announced
via Broadcast Notice to Mariners.
    This regulation is necessary to keep persons and vessels away from
the immediate vicinity of the fireworks loading, staging, transit, and
display site. Except for persons or vessels authorized by the COTP or
the COTP's designated representative, no person or vessel may enter or
remain in the restricted area. A ``designated representative'' means a
Coast Guard Patrol Commander, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel, or a Federal,
State, or local officer designated by or assisting the COTP in the
enforcement of the safety zone. This regulation is necessary to ensure
the safety of participants, spectators, and transiting vessels.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zone.
Although this rule restricts access to the waters encompassed by the
safety zone, the effect of this rule will not be significant because
the local waterways users will be notified to ensure the safety zone
will result in minimum impact. The vessels desiring to transit through
or around the temporary safety zone may do so upon express permission
from the COTP or the COTP's designated representative.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
temporary safety zone in the navigable waters around the loading,
staging, transit, and display of fireworks near Pier 50 and Pier 27 in
San Francisco Bay. It is categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T11-067 to read as follows:

Sec.  165.T11-067  Safety Zone; Pier 27 Fireworks Display, San
Francisco Bay, San Francisco, CA.

    (a) Location. The following area is a safety zone: all navigable
waters of San Francisco Bay, from surface to bottom, within a circle
formed by connecting all points 100 feet out from the fireworks barge
during loading and staging at Pier 50 in San Francisco, as well as
transit and arrival at Pier 27, San Francisco, CA. Between 9:20 p.m.
and 10:30 p.m. on October 1, 2021, the safety zone will expand to all
navigable waters, from surface to bottom, within a circle formed by
connection all points 500 feet out from the fireworks barge in
approximate position 37[deg]48'23.0'' N, 122[deg]23'51.1'' W (NAD 83)
or as announced via Broadcast Notice to Mariners.
    (b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel, or a Federal, State, or Local officer designated by or
assisting the Captain of the Port San Francisco (COTP) in the
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative. Persons and vessels may request permission to enter the
safety zone on VHF-23A or through the 24-hour Command Center at
telephone<PHONE_NUMBER>.
    (d) Enforcement period. This section will be enforced from 9 a.m.
until 10:30 p.m. on October 1, 2021.
    (e) Information broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which this zone will be enforced, in accordance with Sec.  165.7.

    Dated: September 22, 2021.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2021-21098 Filed 9-29-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 227 (Monday, November 26, 2012)]
[Notices]
[Pages 70423-70424]
[FR Doc No: 2012-28467]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 2710-061; 2712-078]

Black Bear Hydro Partners, LLC and Black Bear Development
Holdings, LLC and Black Bear SO, LLC; Notice of Application for Partial
Transfer of Licenses, and Soliciting Comments and Motions To Intervene

    On October 25, 2012, Black Bear Hydro Partners, LLC, sole licensee
(transferor) and Black Bear Development Holdings, LLC and Black Bear
SO, LLC (transferees) filed an application for the partial the transfer
of licenses for the Orono Hydroelectric Project, FERC No. 2710, and the
Stillwater Hydroelectric Project, FERC No. 2712, both located on the
Stillwater Branch of the Penobscot River in Penobscot County, Maine.
    Applicants seek Commission approval to partially transfer the
licenses for the Orono and Stillwater Hydroelectric Projects from the
transferor as sole licensee to the transferor and transferees as co-
licensees.
    Applicants' Contact: Ms. Christine Miller, Esq., Black Bear Hydro
Partners, LLC, Black Bear Development Holdings, LLC, Black Bear SO,
LLC, c/o ArcLight Capital Partners, LLC, 200 Clarendon Street, Boston,
MA 02117, Phone<PHONE_NUMBER> and Ms. Margaret A. Moore, Ms. Jessica
C. Friedman, and Ms. Julia S. Wood, Van Ness Feldman, LLP, 1050 Thomas
Jefferson St. NW., Washington, DC 20007-3877, Phone<PHONE_NUMBER>.
    FERC Contact: Patricia W. Gillis<PHONE_NUMBER>,
<EMAIL_ADDRESS>    Deadline for filing comments and motions to intervene: 15 days from
the issuance of this notice by the Commission. Comments and motions to
intervene may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1) and the instructions on the Commission's Web site under
http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. If unable to be filed electronically, documents
may be paper-filed. To paper-file, an original plus seven copies should
be mailed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426. More
information about this project can be viewed or printed on the eLibrary
link of Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.

Enter the docket number (P-2710 or P-2712) in the docket number field
to access the document. For assistance, call toll-free 1-866-208-3372.

    Dated: November 16, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-28467 Filed 11-23-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 151 (Monday, August 6, 2012)]
[Notices]
[Pages 46789-46790]
[FR Doc No: 2012-19111]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket Number: OST-1995-177]

Agency Request for Renewal of a Previously Approved Collection:
Disclosure of Change-of-Gauge Services

AGENCY: Office of the Secretary, Department of Transportation.

ACTION: Notice and request for comments.

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

SUMMARY: The Department of Transportation (DOT) invites public comments
about our intention to request the Office of Management and Budget
(OMB) approval to renew an information collection. We are required to
publish this notice in the Federal Register by the Paperwork Reduction
Act of 1995, Public Law 104-13.

DATES: Written comments should be submitted by October 5, 2012.

ADDRESSES: You may submit comments (identified by DOT Docket Number

OST-1995-177) through one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail or Hand Delivery: Docket Management Facility; U.S.
Department of Transportation, 1200 New Jersey Avenue SE., West
Building, Room W12-140, Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except on Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Barbara Snoden,<PHONE_NUMBER>, Office
of the Assistant Secretary for Aviation and International Affairs,
Office of the Secretary, U.S. Department of Transportation, 1200 New
Jersey Avenue SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2105-0538.
    Title: Disclosure of Code Sharing Arrangements and Long-Term Wet
Leases.
    Type of Review: Renewal of an information collection.
    Abstract: Change-of-gauge service is scheduled passenger air
transportation for which the operating carrier uses one single flight
number even though passengers do not travel in the same aircraft from
origin to destination but must change planes at an intermediate stop.
In addition to one-flight-to-one-flight change-of-gauge services,
change-of-gauge services can also involve aircraft changes between
multiple flights on one side of the change point and one single flight
on the other side. As with one-for-one change-of-gauge services, the
carrier assigns a single flight number for the passenger's entire
itinerary even though the passenger changes planes, but in addition,
the single flight to or from the exchange point itself has multiple
numbers, one for each segment with which it connects and one for the
local market in which it operates.
    The Department recognizes various public benefits that can flow
from change-of-gauge services, such as a lowered likelihood of missed
connections. However, although change-of-gauge flights can offer
valuable consumer benefits, they can be confusing and misleading unless
consumers are given reasonable and timely notice that they will be
required to change planes during their journey.
    Section 41712 of Title 49 of the U.S. code authorizes the
Department to decide if a U.S. air carrier or foreign air carrier or
ticket agent (including travel agents) has engaged in unfair or
deceptive practices. Under this authority, the Department has adopted
various regulations and policies to prevent unfair or deceptive
practices or unfair methods of competition. The Department requires as
a matter of policy that customers be given notice of aircraft changes
for change-of-gauge flights. (See Department Order 89-1-31, page 5.)
The Department proposed to adopt the extant regulations, however,
because it was not convinced that these rules and policies resulted in
effective disclosure all of the time.
    Respondents: All U.S. air carriers, foreign air carriers, computer
reservations systems (CRSs), and travel agents doing business in the
United States, and the traveling public.
    Number of Respondents: 16,000, excluding travelers.
    Frequency: At 15 seconds per call and an average of 1.5 calls per
trip, a total of 22.5 seconds per respondent or traveler, for the
approximately 33% of estimated change-of-gauge itineraries that involve
personal contact.
    Total Annual Burden: Annual reporting burden for this data
collection is estimated at 76,313 hours for all travel agents and
airline ticket agents, based on 15 seconds per phone call and an
average of 1.5 phone calls per trip, for the approximately 33% of
estimated change-of-gauge itineraries that involve personal contact.
Most of this data collection (third party notification) is accomplished
through highly automated computerized systems.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) whether the proposed
collection of information is necessary for the Department's
performance; (b) the accuracy of the estimated burden; (c) ways for the
Department to enhance the quality, utility, and clarity of the
information collection; and (d) ways that the burden could be minimized
without reducing the quality of the collected information.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; and 49 CFR 1:48.

    Issued in Washington, DC, on July 31, 2012.
Todd M. Homan,
Director, Office of Aviation Analysis.
[FR Doc. 2012-19111 Filed 8-3-12; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 78, Number 84 (Wednesday, May 1, 2013)]
[Proposed Rules]
[Pages 25404-25406]
[FR Doc No: 2013-10290]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0163; Airspace Docket No. 13-AWP-2]

Proposed Establishment of Class E Airspace; Grand Canyon, AZ

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E airspace at the
Grand Canyon VHF Omni-Directional Radio Range/Distance Measuring
Equipment (VOR/DME) navigation aid, Grand Canyon, AZ, to facilitate
vectoring of Instrument Flight Rules (IFR) aircraft

under control of Los Angeles Air Route Traffic Control Center (ARTCC).
The FAA is proposing this action to enhance the safety and management
of aircraft operations within the National Airspace System.

DATES: Comments must be received on or before June 17, 2013.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2013-
0163; Airspace Docket No. 13-AWP-2, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

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 2013-0163 and Airspace Docket No. 13-AWP-2) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://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-2013-0163 and Airspace Docket No. 13-AWP-2''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. 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 http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/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 the ADDRESSES section for the 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 Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by establishing Class E en route domestic
airspace extending upward from 1,200 feet above the surface at the
Grand Canyon VOR/DME, Grand Canyon, AZ. This action would contain
aircraft while in IFR conditions under control of Los Angeles ARTCC by
vectoring aircraft from en route airspace to terminal areas.
    Class E airspace designations are published in paragraph 6006 of
FAA Order 7400.9W, dated August 8, 2012, and effective September 15,
2012, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation; (1) is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under 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 this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority for 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 establish controlled airspace at the Grand Canyon VOR/DME,
Grand Canyon, AZ.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``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

    Accordingly, pursuant to the authority delegated to me, 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(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 the Federal
Aviation Administration Order 7400.9W, Airspace Designations and
Reporting Points, dated August 8, 2012, and

effective September 15, 2012 is amended as follows:

Paragraph 6006 En Route Domestic Airspace Areas.

* * * * *

AWP AZ E6 Grand Canyon, AZ [New]

Grand Canyon VOR/DME, AZ
    (Lat. 35[deg]57'37'' N., long. 112[deg]08'46'' W.)

    That airspace extending upward from 1,200 feet above the surface
within an area bounded by lat. 37[deg]32'00'' N., long.
113[deg]08'00'' W.; to lat. 37[deg]30'00'' N., long. 113[deg]01'00''
W.; to lat. 37[deg]30'00'' N., long. 112[deg]04'00'' W.; to lat.
37[deg]25'00'' N., long. 111[deg]53'00'' W.; to lat. 36[deg]25'00''
N., long. 111[deg]31'00'' W.; to lat. 35[deg]26'00'' N., long.
112[deg]00'00'' W.; to lat. 35[deg]23'00'' N., long. 112[deg]40'00''
W.; to lat. 34[deg]55'00'' N., long. 113[deg]38'00'' W.; to lat.
35[deg]01'00'' N., long. 114[deg]13'00'' W.; to lat. 36[deg]02'00''
N., long. 112[deg]58'00'' W.; to lat. 36[deg]02'00'' N., long.
113[deg]44'00'' W.; to lat. 36[deg]23'00'' N., long. 113[deg]46'00''
W.; to lat. 36[deg]42'00'' N., long. 112[deg]56'00'' W.; to lat.
36[deg]57'00'' N., long. 112[deg]52'00'' W.; to lat. 37[deg]15'00''
N., long. 113[deg]12'00'' W.; to lat. 37[deg]26'00'' N., long.
113[deg]12'00'' W., thence to the point of beginning.

    Issued in Seattle, Washington, on April 15, 2013.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013-10290 Filed 4-30-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Notices]
[Pages 13001-13002]
[FR Doc No: 2011-5282]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: U.S. Securities and
Exchange Commission, Office of Investor Education and Advocacy,
Washington, DC 20549-0213.

Extension:
    Rule 19b-7 and Form 19b-7; OMB Control No. 3235-0553; SEC File
No. 270-495.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
existing collection of information provided for in Rule 19b-7 (17 CFR
240.19b-7) and Form 19b-7--Filings with respect to proposed rule
changes submitted pursuant to Section 19b(7) under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.) (``Exchange Act'').

    The Exchange Act provides a framework for self-regulation under
which various entities involved in the securities business, including
national securities exchanges and national securities associations
(collectively, self-regulatory organizations or ``SROs''), have primary
responsibility for regulating their members or participants. The role
of the Commission in this framework is primarily one of oversight: the
Exchange Act charges the Commission with supervising the SROs and
assuring that each complies with and advances the policies of the
Exchange Act.
    The Exchange Act was amended by the Commodity Futures Modernization
Act of 2000 (``CFMA''). Prior to the CFMA, federal law did not allow
the trading of futures on individual stocks or on narrow-based stock
indexes (collectively, ``security futures products''). The CFMA removed
this restriction and provides that trading in security futures products
would be regulated jointly by the Commission and the Commodity Futures
Trading Commission (``CFTC'').
    The Exchange Act requires all SROs to submit to the SEC any
proposals to amend, add, or delete any of their rules. Certain entities
(Security Futures Product Exchanges) would be national securities
exchanges only because they trade security futures products. Similarly,
certain entities (Limited Purpose National Securities Associations)
would be national securities associations only because their members
trade security futures products. The Exchange Act, as amended by the
CFMA, established a procedure for Security Futures Product Exchanges
and Limited Purpose National Securities Associations to provide notice
of proposed rule changes relating to certain matters.\1\ Rule 19b-7 and
Form 19b-7 implemented this procedure. Effective April 28, 2008, the
SEC amended Rule 19b-7 and Form 19b-7 to require that Form 19b-7 be
submitted electronically.\2\
---------------------------------------------------------------------------

    \1\ These matters are higher margin levels, fraud or
manipulation, recordkeeping, reporting, listing standards, or
decimal pricing for security futures products; sales practices for
security futures products for persons who effect transactions in
security futures products; or rules effectuating the obligation of
Security Futures Product Exchanges and Limited Purpose National
Securities Associations to enforce the securities laws. See 15
U.S.C. 78s(b)(7)(A).
    \2\ See Securities Exchange Act Release No. 57526 (March 19,
2008), 73 FR 16179 (March 27, 2008).
---------------------------------------------------------------------------

    The collection of information is designed to provide the Commission
with the information necessary to determine, as required by the Act,
whether the proposed rule change is consistent with the Act and the
rules thereunder. The information is used to determine if the proposed
rule change should remain in affect or abrogated.
    The respondents to the collection of information are SROs. Five
respondents file an average total of 12 responses per year. Each
response takes approximately 13.25 hours to complete, which corresponds
to an estimated annual response burden of 159 (12 responses x 13.25
hours) hours. The average cost per response is $4,465.50 (13.25 hours
multiplied by a weighted average hourly rate of $337.02).\3\
---------------------------------------------------------------------------

    \3\ The average cost per response is $4,465.50 (13.25 hours
multiplied by a weighted average hourly rate of $337.02). The
resultant total related cost of compliance for these respondents is
$53,586 per year (12 responses x $4,465.50 per response).
---------------------------------------------------------------------------

    Compliance with Rule 19b-7 is mandatory. Information received in
response to Rule 19b-7 shall not be kept confidential; the information
collected is public information.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    Please direct your written comments to: Thomas Bayer, Chief
Information Officer, Securities and Exchange Commission, C/O Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, Virginia 22312 or
send an e-mail to<EMAIL_ADDRESS>
    Dated: March 1, 2011.
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-5282 Filed 3-8-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Notices]
[Page 64355-64356]
[DOCID:fr29oc08-80]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2008-0968]

National Boating Safety Advisory Council

AGENCY: Coast Guard, DHS.

ACTION: Notice of meetings; schedule changes.

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

SUMMARY: On October 1, 2008, The United States Coast Guard published a
notice in the Federal Register (73 FR 57126) announcing a meeting of
the National Boating Safety Advisory Council (NBSAC) and its
subcommittees to discuss issues relating to recreational boating
safety. A scheduling conflict has required changes to the
subcommittees' meeting times as follows: The Boats and Associated
Equipment Subcommittee will meet on Saturday afternoon, November 1,
2008; the Prevention through People Subcommittee will meet on Sunday
morning, November 2, 2008; and the Recreational Boating Safety
Strategic Planning Subcommittee will meet on Sunday afternoon, November
2, 2008.

DATES: NBSAC will meet on Saturday, November 1, 2008, from 8 a.m. to
11:30 a.m., and on Monday, November 3, 2008, from 8:30 a.m. to 4 p.m.
The Boats and Associated Equipment Subcommittee will meet on Saturday,
November 1, 2008, from 1 p.m. to 5 p.m. The Prevention through People
Subcommittee will meet on Sunday, November 2, 2008, from 8 a.m. to 12
noon. The Recreational Boating Safety Strategic Planning Subcommittee
will meet on Sunday, November 2, 2008, from 1:30 p.m. to 5 p.m. These
meetings may close early if all business is finished. On Sunday,
November 2, 2008, the Recreational Boating Safety Strategic Planning
Subcommittee meeting may start earlier if the preceding Subcommittee
meeting closes early.

ADDRESSES: NBSAC and its Subcommittees will meet at the Holiday Inn
Arlington, 4610 Fairfax Drive, Arlington, VA 22203. Please send written
material, comments, and requests to make oral presentations to Mr. Jeff
Ludwig, Executive Secretary of NBSAC, Commandant (CG-54221), U.S. Coast
Guard Headquarters, 2100 Second Street, SW., Washington, DC 20593-0001.
This notice is available on the Internet at http://www.regulations.gov
or the Boating Safety Division's Web site at: http://
www.uscgboating.org/nbsac/nbsac.htm.

FOR FURTHER INFORMATION CONTACT: Mr. Jeff Ludwig, Executive Secretary
of NBSAC, COMDT (CG-54221), 2100 2nd Street, SW., Washington, DC 20593;
(202) 372-1061<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Notice of these meetings is given under the
Federal Advisory Committee Act, 5 U.S.C. App. 2. NBSAC and its
Subcommittee will meet for the purpose of discussing issues related to
recreational boating safety.

Tentative Agendas of Meetings

National Boating Safety Advisory Council (NBSAC)

Saturday, November 1, 2008:
(1) Remarks--Mr. James P. Muldoon, NBSAC Chairman.
(2) Chief, Office of Auxiliary and Boating Safety Update on NBSAC
Resolutions and Recreational Boating Safety Program report.
(3) Executive Secretary's report.
(4) Chairman's session.
(5) TSAC Liaison's report.
(6) NAVSAC Liaison's report.
(7) National Association of State Boating Law Administrators report.
(8) Prevention Through People Subcommittee report.
(9) Boats and Associated Equipment Subcommittee report.
(10) Recreational Boating Safety Strategic Planning Subcommittee
report.
(11) Boats and Associated Equipment Subcommittee meeting.
Sunday, November 2, 2008:
(12) Prevention Through People Subcommittee meeting.
(13) Recreational Boating Safety Strategic Planning Subcommittee
meeting.
Monday, November 3, 2008:
(14) National Youth Marine Alliance Presentation.
(15) U.S. Rowing Presentation.
(16) Bombardier Recreational Products Presentation.
(17) Boats and Associated Equipment Report.
(18) Prevention through People Report.
(19) Recreational Boating Safety Strategic Planning Report.
    A more detailed agenda can be found at: http://www.uscgboating.org/
nbsac/nbsac.htm, after October 24, 2008.

NBSAC Subcommittees

    Prevention Through People Subcommittee: Discuss current regulatory
projects, grants, contracts, and new issues affecting the prevention of
boating accidents through outreach and education of boaters.
    Boats and Associated Equipment Subcommittee: Discuss current
regulatory projects, grants, contracts, and new issues affecting boats
and associated equipment.
    Recreational Boating Safety Strategic Planning Subcommittee:
Discuss current status of the strategic planning process and any new
issues or factors that could impact, or contribute to, the development
of the strategic plan for the recreational boating safety program.
    Information on Services for Individuals with Disabilities: For
information on facilities or services for individuals with disabilities
or to request special assistance at the meetings, contact the Executive
Secretary of NBSAC as soon as possible.

    Dated: October 21, 2008.
Frank J. Sturm,
Captain, U.S. Coast Guard, Director of Prevention Policy (Acting).
[FR Doc. E8-25832 Filed 10-28-08; 8:45 am]

BILLING CODE 4910-15-P


(,). Certain additional instructions are as follows:
    (i) Line entries (a)(1) (`PRODUCT NAME') and (a)(4) (`ECCN') must
be completed with relevant information.
    (ii) For entries (a)(2) (`MODEL NUMBER') and (a)(3)
(`MANUFACTURER'), if these entries do not apply to your item or
situation you may enter `NONE' or `N/A'.
    (iii) For entries (a)(5) (`AUTHORIZATION TYPE'), if none of the
provided choices apply to your situation, you may enter `OTHER'.
    (6) Because of .csv file format requirements, the only permitted
use of a comma is as the necessary separator between line entries. You
may not use a comma for any other reason in your encryption self-
classification report.
    (c) Other instructions.
    (1) The information provided in accordance with this supplement and
Sec. Sec.  740.17(b)(1), 742.15(b)(1) and 742.15(c) of the EAR must
identify product offerings as they are typically distinguished in
inventory, catalogs, marketing brochures and other promotional
materials.
    (2) For families of products where all the information described in
paragraph (a) of this supplement is identical except for the model/
series/part number (entry (a)(2)), you may list and describe these
products with a single line in your .csv file using an appropriate
model/series/part number identifier (e.g., `300' or `3xx') for entry
(a)(2), provided each line in your .csv file corresponds to a single
product series (or product type) within an overall product family.
    (3) For example, if Company A produces, markets and sells both a
`100' (`1xx') and a `300' (`3xx') series of product, in its encryption
self-classification report (.csv file) Company A must list the `100'
product series in one line (with entry (a)(2) completed as `100' or
`1xx') and the `300' product series in another line (with entry (a)(2)
completed as `300' or `3xx'), even if the other required information is
common to all products in the `100' and `300' series.

PART 748--[AMENDED]

0
14. The authority citations for part 748 continue to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
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 13, 2009, 74
FR 41325 (August 14, 2009).

0
15. Section 748.1 is amended by:
0
a. Revising the first two sentences of the introductory text to
paragraph (a);
0
b. Revising introductory text to paragraph (d); and
0
c. Revising paragraph (d)(1)(i), to read as follows:

Sec.  748.1  General provisions.

    (a) Scope. In this part, references to the Export Administration
Regulations or EAR are references to 15 CFR chapter VII, subchapter C.
The provisions of this part involve requests for classifications and
advisory opinions, export license applications, encryption
registration, reexport license applications, and certain license
exception notices subject to the EAR. * * *
* * * * *
    (d) Electronic Filing Required. All export and reexport license
applications (other than Special Comprehensive License or Special Iraq
Reconstruction License applications), encryption registrations, license
exception AGR notifications, and classification requests and their
accompanying documents must be filed via BIS's Simplified Network
Application Processing system (SNAP-R), unless BIS authorizes
submission via the paper forms BIS 748-P (Multipurpose Application
Form), BIS-748P-A (Item Appendix) and BIS-748P-B, (End-User Appendix).
Only original paper forms may be used. Facsimiles or reproductions are
not acceptable.
    (1) * * *
    (i) BIS has received no more than one submission (i.e. the total
number of export license applications, reexport license applications,
license exception AGR notifications, and classification requests) from
that party in the twelve months immediately preceding its receipt of
the current submission;
* * * * *

0
16. Section 748.3 is amended by revising the section heading and
paragraphs (a) and (d) to read as follows:

Sec.  748.3  Classification requests, advisory opinions, and encryption
registrations.

* * * * *
    (a) Introduction. You may ask BIS to provide you with the correct
Export Control Classification Number down to the paragraph (or
subparagraph) level, if appropriate. BIS will advise you whether or not
your item is subject to the EAR and, if applicable, the appropriate
ECCN. This type of request is commonly referred to as a
``Classification Request.'' If requested, for a given end-use, end-
user, and/or destination, BIS will advise you whether a license is
required, or likely to be granted, for a particular transaction. Note
that these responses do not bind BIS to issuing a license in the
future. This type of request, along with requests for guidance
regarding other interpretations of the EAR, is commonly referred to as
an ``Advisory Opinion.'' The encryption provisions in

the EAR require the submission of an encryption registration or
classification request in accordance with Sec.  740.17(d) of the EAR in
order for certain items to be eligible for export and reexport under
License Exception ENC (see Sec.  740.17 of the EAR) or to be released
from ``EI'' controls (see Sec. Sec.  742.15(b)(1) and 742.15(b)(3) of
the EAR).
* * * * *
    (d) Classification requests and encryption registration for
encryption items. A classification request or encryption registration
associated with encryption items transferred from the U.S. Munitions
List consistent with Executive Order 13026 of November 15, 1996 (3 CFR,
1996 Comp., p. 228) and pursuant to the Presidential Memorandum of that
date may be required to determine eligibility under License Exception
ENC or for release from ``EI'' controls. Refer to Supplement No. 5 to
part 742 of the EAR for information that must be included in the
encryption registration, which must be submitted in support of certain
encryption classification requests and self-classification reports.
Refer to Supplement No. 6 to part 742 of the EAR for a complete list of
technical information that is required for encryption classification
requests. Refer to Sec.  742.15(c) and Supplement No. 8 to part 742 of
the EAR for information that is required to be submitted in a self-
classification report. Refer to Sec.  742.15(b) of the EAR for
instructions regarding mass market encryption commodities and software,
including encryption registration, self-classifications and
classification requests. Refer to Sec.  740.17 of the EAR for the
provisions of License Exception ENC, including encryption registration,
self-classifications, classification requests and sales reporting. All
classification requests, registrations, and reports submitted to BIS
pursuant to Sec. Sec.  740.17 and 742.15(b) of the EAR for encryption
items will be reviewed by the ENC Encryption Request Coordinator, Ft.
Meade, MD.

0
17. Section 748.8 is amended by removing from paragraph (r) the phrase
``Encryption review requests.'' and adding in its place ``Encryption
classification requests and encryption registrations.''

0
18. Supplement No. 1 is amended by revising the paragraph for block 5
to read as follows:

Supplement No. 1 to Part 748--BIS-748P, BIS-748P-A: Item Appendix, and
BIS-748P-B: End-User Appendix; Multipurpose Application Instructions

* * * * *
    Block 5: Type of Application. Export. If the items are located
within the United States, and you wish to export those items, mark the
Box labeled ``Export'' with an (X). Reexport. If the items are located
outside the United States, mark the Box labeled ``Reexport'' with an
(X). Classification. If you are requesting BIS to classify your item
against the Commerce Control List (CCL), mark the Box labeled
``Classification Request'' with an (X). Encryption Registration. If you
are requesting encryption registration under License Exception ENC
(Sec.  740.17 of the EAR) or ``mass market'' encryption provisions
(Sec.  742.15(b) of the EAR), mark the Box labeled ``Encryption
Registration'' with an (X). Special Comprehensive License. If you are
submitting a Special Comprehensive License application in accordance
with the procedures described in part 752 of the EAR, mark the Box
labeled ``Special Comprehensive License'' with an (X).
* * * * *

0
19. Supplement No. 2 is amended by revising paragraph (r) to read as
follows:

Supplement No. 2 to Part 748--Unique Application and Submission
Requirements

* * * * *
    (r) Encryption registrations and classification requests. Failure
to follow the instructions in this paragraph may delay consideration of
your encryption classification request or encryption registration.
    (1) Encryption registration. Fill out blocks 1-4, 14, 15, 24, and
25 pursuant to the instructions in Supplement No. 1 to this Part. Leave
blocks 6, 7, 8, 9-13, and 16-23 blank. In Block 5 (Type of
Application), place an ``X'' in the box marked ``Encryption
Registration''.
    (2) Classification Requests. Fill out blocks 1-4, 14, 15, 22, and
25 pursuant to the instructions in Supplement No. 1 to this Part. Leave
blocks 6, 7, 8, 10-13, 18-21, and 23 blank. Follow the directions
specified for the blocks indicated below.
    (i) In Block 5 (Type of Application), place an ``X'' in the box
marked ``classification'' or ``commodity classification'' if submitting
electronically for classification requests.
    (ii) In Block 9 (Special Purpose).
    (A) If submitting via SNAP-R, check the box ``check here if you are
submitting information about encryption required by 740.17 or 742.15 of
the EAR.''
    (B) From the drop down menu in SNAP-R, choose:
    (1) ``License Exception ENC'' if you are submitting an encryption
classification request for specified License Exception ENC provisions
(Sec. Sec.  740.17(b)(2) or (b)(3) of the EAR);
    (2) ``Mass Market Encryption'' if you are submitting an encryption
classification request for certain mass market encryption items (Sec.
742.15(b)(3) of the EAR).
    (3) ``Encryption--other'' if you are submitting an encryption
classification, for another reason.
    (iii) In Block 24 (Additional Information), insert your most recent
Encryption Registration Number (ERN).
* * * * *

PART 772--[AMENDED]

0
20. The authority citation for 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
13, 2009, 74 FR 41325 (August 14, 2009).

0
21. Section 772.1 is amended by:
0
a. Removing the definition, nota bene and footnote No. 1 for
``ancillary cryptography'';
0
b. Removing the definition for ``personalized smart card''; and
0
c. Adding in alphabetical order the definition for ``non-standard
cryptography'', to read as follows:

Sec.  772.1  Definitions of Terms.

* * * * *
    Non-standard cryptography. Means any implementation of
``cryptography'' involving the incorporation or use of proprietary or
unpublished cryptographic functionality, including encryption
algorithms or protocols that have not been adopted or approved by a
duly recognized international standards body (e.g., IEEE, IETF, ISO,
ITU, ETSI, 3GPP, TIA, and GSMA) and have not otherwise been published.
* * * * *

PART 774--[AMENDED]

0
22. The authority citation for 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 13, 2009, 74 FR 41325 (August 14, 2009).

0
23. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5 Telecommunications and ``Information Security'', Part II
Information Security is amended by:

0
a. Revising the Nota Bene to the Note 3 (Cryptography Note); and
0
b. Adding a new Note 4 to the beginning of Category 5 part II, to read
as follows:

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

* * * * *

CATEGORY 5--TELECOMMUNICATIONS AND ``INFORMATION SECURITY'' Part II.
``INFORMATION SECURITY''

* * * * *
    N.B. to Note 3 (Cryptography Note): You must submit a
classification request or encryption registration to BIS for mass
market encryption commodities and software eligible for the
Cryptography Note employing a key length greater than 64 bits for the
symmetric algorithm (or, for commodities and software not implementing
any symmetric algorithms, employing a key length greater than 768 bits
for asymmetric algorithms or greater than 128 bits for elliptic curve
algorithms) in accordance with the requirements of Sec.  742.15(b) of
the EAR in order to be released from the ``EI'' and ``NS'' controls of
ECCN 5A002 or 5D002.

    Note 4: Category 5, Part 2 does not apply to items incorporating
or using ``cryptography'' and meeting all of the following:
    a. The primary function or set of functions is not any of the
following:
    1. ``Information security'';
    2. A computer, including operating systems, parts and components
therefor;
    3. Sending, receiving or storing information (except in support
of entertainment, mass commercial broadcasts, digital rights
management or medical records management); or
    4. Networking (includes operation, administration, management
and provisioning);
    b. The cryptographic functionality is limited to supporting
their primary function or set of functions; and
    c. When necessary, details of the items are accessible and will
be provided, upon request, to the appropriate authority in the
exporter's country in order to ascertain compliance with conditions
described in paragraphs a. and b. above.

* * * * *

0
24. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5 Telecommunications and ``Information Security'', Part 2
Information Security, ECCN 5A002 is amended by revising the Related
Controls and the Items paragraph of the List of Items Controlled
section, to read as follows:

5A002 ``Information security'' systems, equipment and components
therefor, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: (1) 5A002 does not control the commodities listed in
paragraphs (a), (d), (e), (f), (g) and (i) in the Note in the items
paragraph of this entry. These commodities are instead classified under
ECCN 5A992, and related software and technology are classified under
ECCNs 5D992 and 5E992 respectively. (2) After encryption registration
to or classification by BIS, mass market encryption commodities that
meet eligibility requirements are released from ``EI'' and ``NS''
controls. These commodities are classified under ECCN 5A992.c. See
Sec.  742.15(b) of the EAR.
Related Definitions: * * *
Items:

    Note: 5A002 does not control any of the following. However,
these items are instead controlled under 5A992:
    (a) Smart cards and smart card `readers/writers' as follows:
    (1) A smart card or an electronically readable personal document
(e.g., token coin, e-passport) that meets any of the following:
    a. The cryptographic capability is restricted for use in
equipment or systems excluded from 5A002 by Note 4 in Category 5--
Part 2 or entries (b) to (i) of this Note, and cannot be
reprogrammed for any other use; or
    b. Having all of the following:
    1. It is specially designed and limited to allow protection of
`personal data' stored within;
    2. Has been, or can only be, personalized for public or
commercial transactions or individual identification; and
    3. Where the cryptographic capability is not user-accessible;
    Technical Note: `Personal data' includes any data specific to a
particular person or entity, such as the amount of money stored and
data necessary for authentication.
    (2) `Readers/writers' specially designed or modified, and
limited, for items specified by (a)(1) of this Note.
    Technical Note: `Readers/writers' include equipment that
communicates with smart cards or electronically readable documents
through a network.
    (b) [Reserved]
    N.B.: See Note 4 in Category 5--Part 2 for items previously
specified in 5A002 Note (b).
    (c) [Reserved]
    N.B.: See Note 4 in Category 5--Part 2 for items previously
specified in 5A002 Note (c).
    (d) Cryptographic equipment specially designed and limited for
banking use or `money transactions';
    Technical Note: The term `money transactions' includes the
collection and settlement of fares or credit functions.
    (e) Portable or mobile radiotelephones for civil use (e.g., for
use with commercial civil cellular radio communication systems) that
are not capable of transmitting encrypted data directly to another
radiotelephone or equipment (other than Radio Access Network (RAN)
equipment), nor of passing encrypted data through RAN equipment
(e.g., Radio Network Controller (RNC) or Base Station Controller
(BSC));
    (f) Cordless telephone equipment not capable of end-to-end
encryption where the maximum effective range of unboosted cordless
operation (i.e., a single, unrelayed hop between terminal and home
base station) is less than 400 meters according to the
manufacturer's specifications;
    (g) Portable or mobile radiotelephones and similar client
wireless devices for civil use, that implement only published or
commercial cryptographic standards (except for anti-piracy
functions, which may be non-published) and also meet the provisions
of paragraphs b. to d. of the Cryptography Note (Note 3 in Category
5--Part 2), that have been customized for a specific civil industry
application with features that do not affect the cryptographic
functionality of these original non-customized devices; or
    (h) [Reserved]
    N.B.: See Note 4 in Category 5--Part 2 for items previously
specified in 5A002 Note (h).
    (i) Wireless ``personal area network'' equipment that implement
only published or commercial cryptographic standards and where the
cryptographic capability is limited to a nominal operating range not
exceeding 30 meters according to the manufacturer's specifications.

    a. Systems, equipment, application specific ``electronic
assemblies'', modules and integrated circuits for ``information
security'', as follows, and components therefor specially designed for
``information security'':
    N.B.: For the control of Global Navigation Satellite Systems (GNSS)
receiving equipment containing or employing decryption, see ECCN 7A005.
    a.1. Designed or modified to use ``cryptography'' employing digital
techniques performing any cryptographic function other than
authentication or digital signature and having any of the following:

    Technical Notes: 1. Authentication and digital signature
functions include their associated key management function.
    2. Authentication includes all aspects of access control where
there is no encryption of files or text except as directly related
to the protection of passwords, Personal Identification Numbers
(PINs) or similar data to prevent unauthorized access.
    3. ``Cryptography'' does not include ``fixed'' data compression
or coding techniques.

    Note: 5A002.a.1 includes equipment designed or modified to use
``cryptography'' employing analog principles when implemented with
digital techniques.

    a.1.a. A ``symmetric algorithm'' employing a key length in excess
of 56-bits; or

    a.1.b. An ``asymmetric algorithm'' where the security of the
algorithm is based on any of the following:
    a.1.b.1. Factorization of integers in excess of 512 bits (e.g.,
RSA);
    a.1.b.2. Computation of discrete logarithms in a multiplicative
group of a finite field of size greater than 512 bits (e.g., Diffie-
Hellman over Z/pZ); or
    a.1.b.3. Discrete logarithms in a group other than mentioned in
5A002.a.1.b.2 in excess of 112 bits (e.g., Diffie-Hellman over an
elliptic curve);
    a.2. Designed or modified to perform cryptanalytic functions;
    a.3. [Reserved]
    a.4. Specially designed or modified to reduce the compromising
emanations of information-bearing signals beyond what is necessary for
health, safety or electromagnetic interference standards;
    a.5. Designed or modified to use cryptographic techniques to
generate the spreading code for ``spread spectrum'' systems, not
controlled in 5A002.a.6., including the hopping code for ``frequency
hopping'' systems;
    a.6. Designed or modified to use cryptographic techniques to
generate channelizing codes, scrambling codes or network identification
codes, for systems using ultra-wideband modulation techniques and
having any of the following:
    a.6.a. A bandwidth exceeding 500 MHz; or
    a.6.b. A ``fractional bandwidth'' of 20% or more;
    a.7. Non-cryptographic information and communications technology
(ICT) security systems and devices evaluated to an assurance level
exceeding class EAL-6 (evaluation assurance level) of the Common
Criteria (CC) or equivalent;
    a.8. Communications cable systems designed or modified using
mechanical, electrical or electronic means to detect surreptitious
intrusion;
    a.9. Designed or modified to use `quantum cryptography.'

    Technical Notes: 1. `Quantum cryptography' A family of
techniques for the establishment of a shared key for
``cryptography'' by measuring the quantum-mechanical properties of a
physical system (including those physical properties explicitly
governed by quantum optics, quantum field theory, or quantum
electrodynamics).
    2. `Quantum cryptography' is also known as Quantum Key
Distribution (QKD).

0
25. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5 Telecommunications and ``Information Security'', Part 2
Information Security, ECCN 5A992 is amended by revising paragraph c. in
the items paragraph of the List of Items Controlled section, to read as
follows:

5A992 Equipment not controlled by 5A002.
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    c. Commodities that BIS has received an encryption registration or
that have been classified as mass market encryption commodities in
accordance with Sec.  742.15(b) of the EAR.
* * * * *

0
26. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5 Telecommunications and ``Information Security'', Part 2
``Information Security'', ECCN 5D002 is amended by revising the Related
Controls paragraph in the List of Items Controlled section, to read as
follows:
``5D002 ``Software'' as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) This entry does not control ``software''
``required'' for the ``use'' of equipment excluded from control under
the Related Controls paragraph or the Technical Notes in ECCN 5A002 or
``software'' providing any of the functions of equipment excluded from
control under ECCN 5A002. This software is classified as ECCN 5D992.
(2) After an encryption registration has been submitted to BIS or
classification by BIS, mass market encryption software that meet
eligibility requirements are released from ``EI'' and ``NS'' controls.
This software is classified under ECCN 5D992.c. See Sec.  742.15(b) of
the EAR.
* * * * *

0
27. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5 Telecommunications and ``Information Security'', Part 2
Information Security, ECCN 5D992 is amended by revising paragraph c. of
the Items paragraph of the List of Items Controlled section, to read as
follows:
5D992 ``Information Security'' ``software'' not controlled by 5D002.
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    c. ``Software'' that BIS has received an encryption registration or
that have been classified as mass market encryption software in
accordance with Sec.  742.15(b) of the EAR.
* * * * *

0
28. Supplement No. 3 is revised to read as follows:

Supplement No. 3 to Part 774--Statements of Understanding

    (a) Statement of Understanding--medical equipment. Commodities that
are ``specially designed for medical end-use'' that ``incorporate''
commodities or software on the Commerce Control List (Supplement No. 1
to part 774 of the EAR) that do not have a reason for control of
Nuclear Nonproliferation (NP), Missile Technology (MT), or Chemical &
Biological Weapons (CB) are designated by the number EAR99 (i.e., are
not elsewhere specified on the Commerce Control List).

    Notes to paragraph a: (1) ``Specially designed for medical end-
use'' means designed for medical treatment or the practice of
medicine (does not include medical research).
    (2) Commodities or software are considered ``incorporated'' if
the commodity or software is: Essential to the functioning of the
medical equipment; customarily included in the sale of the medical
equipment; and exported or reexported with the medical equipment.
    (3) Except for such software that is made publicly available
consistent with Sec.  734.3(b)(3) of the EAR, commodities and
software ``specially designed for medical end-use'' remain subject
to the EAR.
    (4) See also Sec.  770.2(b) interpretation 2, for other types of
equipment that incorporate items on the Commerce Control List that
are subject to the EAR.
    (5) For computers used with medical equipment, see also ECCN
4A003 note 2 regarding the ``principal element'' rule.
    (6) For commodities and software specially designed for medical
end-use that incorporate an encryption or other ``information
security'' item subject to the EAR, see also Note 1 to Category 5,
Part II of the Commerce Control List.

    (b) Statement of Understanding--Source Code. For the purpose of
national security controlled items, ``source code'' items are
controlled either by ``software'' or by ``software'' and ``technology''
controls, except when such ``source code'' items are explicitly
decontrolled.
    (c) Category 5--Part 2--Note 4 Statement of Understanding. All
items previously described by Notes (b), (c) and (h) to 5A002 are now
described by Note 4 to Category 5--Part 2. Note (h) to 5A002 prior to
June 25, 2010 stated that the following was not controlled by 5A002:
    Equipment specially designed for the servicing of portable or
mobile radiotelephones and similar client wireless devices that meet
all the

provisions of the Cryptography Note (Note 3 in Category 5, Part 2),
where the servicing equipment meets all of the following:
    (1) The cryptographic functionality of the servicing equipment
cannot easily be changed by the user of the equipment;
    (2) The servicing equipment is designed for installation without
further substantial support by the supplier; and
    (3) The servicing equipment cannot change the cryptographic
functionality of the device being serviced.

    Dated: June 17, 2010.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2010-15072 Filed 6-24-10; 8:45 am]
BILLING CODE 3510-33-P