[Federal Register: February 27, 2009 (Volume 74, Number 38)]
[Rules and Regulations]
[Page 8845-8851]
[DOCID:fr27fe09-1]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0150; Directorate Identifier 2009-CE-010-AD;
Amendment 39-15830; AD 2009-05-06]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-500 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by the aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    There is a possibility that during a go around procedure with a
flap system failed the stall warning and the stick pusher triggering
angles are anticipated reducing the margin between the real angle of
attack and the stick pusher triggering angle. If the stick pusher is
activated at a low altitude the pilot may be not able to recover the
airplane control. Since this condition affects flight safety, an
immediate corrective action is required. Thus, sufficient reason
exists to request compliance with this EAD in the indicated time
limit without prior notice.

This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective February 27, 2009.
    We must receive comments on this AD by March 30, 2009.

ADDRESSES: You may send comments by any of the following methods:
     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.

Examining the AD Docket

    You may examine the AD docket 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 AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer,
901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816)
329-4146; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The AG[Ecirc]NCIA NACIONAL DE AVIA[Ccedil][Atilde]O CIVIL--BRAZIL,
which is the aviation authority for Brazil, has issued EAD No.: 2009-
02-04, dated February 13, 2009 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    There is a possibility that during a go around procedure with a
flap system failed the stall warning and the stick pusher triggering
angles are anticipated reducing the margin between the real angle of
attack and the stick pusher triggering angle. If the stick pusher is
activated at a low altitude the pilot may be not able to recover the
airplane control. Since this condition affects flight safety, an
immediate corrective action is required. Thus, sufficient reason
exists to request compliance with this EAD in the indicated time
limit without prior notice.

You may obtain further information by examining the MCAI in the AD
docket.

FAA's Determination and Requirements of the AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might have also required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
described in a separate paragraph of the AD. These requirements take
precedence over those copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because if
the stick pusher is activated at a low altitude the pilot may not be
able to recover the airplane control. Therefore, we determined that
notice and opportunity for public comment before issuing this AD are
impracticable and that good cause exists for making this amendment
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant

data, views, or arguments about this AD. Send your comments to an
address listed under the ADDRESSES section. Include ``Docket No. FAA-
2009-0150; Directorate Identifier 2009-CE-010-AD'' at the beginning of
your comments. We specifically invite comments on the overall
regulatory, economic, environmental, and energy aspects of this AD. We
will consider all comments received by the closing date and may amend
this AD because 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 about this AD.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under 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 AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-05-06 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-15830; Docket No. FAA-2009-0150; Directorate Identifier
2009-CE-010-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February
27, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models EMB-500 airplanes, all serial
numbers, equipped with the stall warning computer part number (P/N)
C100106-1, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 27: Flight
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states: There is a possibility that during a go around procedure
with a flap system failed the stall warning and the stick pusher
triggering angles are anticipated reducing the margin between the
real angle of attack and the stick pusher triggering angle. If the
stick pusher is activated at a low altitude the pilot may be not
able to recover the airplane control. Since this condition affects
flight safety, an immediate corrective action is required. Thus,
sufficient reason exists to request compliance with this EAD in the
indicated time limit without prior notice.

Actions and Compliance

    (f) Unless already done, before further flight, incorporate into
the airplane flight manual (AFM) the following procedures and
limitations section revisions. You may insert a copy of this AD into
the appropriate sections of the AFM to comply with the requirements
of this AD.
    (1) Revise the AFM by adding Figure 1 of this AD to the
Limitations section 2.30.
BILLING CODE 4910-13-P
[GRAPHIC] [TIFF OMITTED] TR27FE09.000

    (2) Replace the GO-AROUND procedure in AFM Section 3-03, page 2,
with the procedure in Figure 2 of this AD.

[GRAPHIC] [TIFF OMITTED] TR27FE09.001

    (3) Replace the ONE ENGINE INOPERATIVE PROCEDURE APPROACH AND
LANDING procedure in AFM Section 4-01, page 17, with the procedure
in Figure 3 of this AD.

[GRAPHIC] [TIFF OMITTED] TR27FE09.002

    (4) Revise AFM Section 5-02 by adding the statement in Figure 4
of this AD.
[GRAPHIC] [TIFF OMITTED] TR27FE09.003

    (5) Replace the AFM performance tables (ANTI-ICE OFF) in Section
5-20, pages 2 and 3, with the table in Figure 5 of this AD.

[GRAPHIC] [TIFF OMITTED] TR27FE09.004

    (6) Replace the AFM performance tables (ANTI-ICE OFF) in Section
5-25, pages 2 and 3, with the table in Figure 6 of this AD.

[GRAPHIC] [TIFF OMITTED] TR27FE09.005

BILLING CODE 4910-13-C

    Note 1: The above limitation and procedures are considered an
interim solution until a final action is identified, at which time
AG[Ecirc]NCIA NACIONAL DE AVIA[Ccedil][Atilde]O CIVIL--BRAZIL (ANAC)
and the FAA may consider further AD action.

    Note 2: Operation in icing conditions is not affected by the
above limitations and procedures.

 FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, 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: Karl Schletzbaum, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
Before using any approved AMOC on 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.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI ANAC, EAD No.: 2009-02-04, dated February 13,
2009.

    Issued in Kansas City, Missouri, on February 20, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-4099 Filed 2-26-09; 8:45 am]

BILLING CODE 4910-13-C


[Federal Register Volume 81, Number 64 (Monday, April 4, 2016)]
[Rules and Regulations]
[Pages 19026-19032]
[FR Doc No: 2016-07601]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 742, 750 and 774

[Docket No. 160204079-6079-01]
RIN 0694-AG77

Revisions to the Export Administration Regulations Based on the
2015 Missile Technology Control Regime Plenary Agreements

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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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 2015 Plenary in Rotterdam,
Netherlands, and the April 2015 Technical Experts Meeting (TEM) in
Bern, Switzerland. This final rule makes conforming changes to
correlate the Commerce Control List (CCL) (Supplement No. 1 to Part 774
of the EAR) and other EAR provisions with the current MTCR Annex. This
final rule revises six Export Control Classification Numbers (ECCNs) to
implement the changes that were agreed to at the meetings and to better
align the MT controls on the CCL with the MTCR Annex. In addition, this
final rule makes a change to MT licensing policy to be consistent with
the MTCR Annex General Minimum Software Note and the MTCR Annex General
Technology Note that specify that a license for MT controlled items
should also authorize certain minimum ``software'' and ``technology.''
This final rule also adds a new paragraph to the section of the EAR
that specifies which changes to a license are considered ``non-
material.'' This amendment will facilitate this rule's revised MT
licensing policy, which will apply to all licenses for MT controlled
items, except when excluded by a license condition.

DATES: This rule is effective April 4, 2016.

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 Missile Technology Control Regime (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 1993, 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
address 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 Regime's Guidelines are
implemented through the national export control laws, regulations and
policies of the regime members.

Amendments to the Export Administration Regulations

    This final rule revises the Export Administration Regulations (EAR)
to reflect changes to the MTCR Annex agreed to at the October 2015
Plenary in Rotterdam, Netherlands, and changes resulting from the April
2015 Technical Experts Meeting (TEM) in Bern, Switzerland.
     Corresponding MTCR Annex references are provided below for the
MTCR Annex changes agreed to at the meetings. This rule also makes two
conforming changes to correlate the Commerce Control List (CCL)
(Supplement No. 1 to Part 774 of the EAR) and other EAR provisions with
the current MTCR Annex. These conforming changes are made to better
align the MT controls on the CCL and other parts of the EAR with the
MTCR Annex. In the explanation below for the revisions made in this
rule, BIS identifies these changes as follows: ``Rotterdam 2015
Plenary,'' ``Bern 2015 TEM,'' and ``Conforming Change to MTCR Annex''
to assist the public in understanding the origin of each change
included in this final rule.
    In Sec.  742.5 (Missile technology), this final rule adds a new
paragraph (b)(3), and redesignates paragraphs (b)(3) and (b)(4), as
paragraphs (b)(4) and (b)(5). This paragraph specifies that BIS
licenses for MT controlled items also authorize the minimum
``software'' and ``technology'' for MT controlled items authorized
under the same license, unless such minimum ``software'' and
``technology'' are specifically excluded by BIS on the license. This
final rule also amends Sec.  750.7(c)(1), which identifies ``non-
material changes [to a license that] do not require submission of a
`Replacement' license or any other notification to BIS.'' BIS has
determined that a license applicant who does not seek a license for
minimum ``software'' or ``technology'' for an MT controlled item need
not seek a ``Replacement'' license if the applicant subsequently wishes
to export such software or technology under the authority of the
previously issued license. Such a use of the license would amount to a
non-material change because the basic purpose of the license would be
substantially undermined if the exporter could not promptly provide
minimum necessary software or technology for the previously licensed MT
item, an outcome that would be especially problematic in view of the
2015 regime changes referred to above. Moreover, in many instances,
such exports of minimum necessary software and technology may already
be made pursuant to License Exception TSU, set forth at Sec.  740.13(a)
and (c) (referring to minimum necessary operation software and
technology), and notwithstanding the general prohibition against the
use of License Exceptions for MT controlled items in Sec.
740.2(a)(5)(i), which excludes a substantial number of MT items from
the general prohibition under specified circumstances. Because BIS has
previously determined that many such exports can be made pursuant to a
License Exception, it stands to reason that the substantially similar
MT ``minimum necessary'' software and technology exports at issue in
this rule should be eligible for ``non-material'' treatment under Sec.
750.7(c)(1). Accordingly, in this rule BIS establishes a new paragraph
(c)(1)(x) to Sec.  750.7 that applies to all MT licenses, except when a
condition is placed on the license that excludes such minimum
``software'' and ``technology.'' These changes are also consistent with
the boilerplate text on BIS licenses, because the Sec.  750.7(c)(1)(x)
revision identifies the export, reexport or transfer (in-country) of
minimum necessary MT controlled software and

technology as a non-material change to a license.
    BIS makes this change to MT licensing policy to be consistent with
the MTCR Annex General Minimum Software Note and the MTCR Annex General
Technology Note that specify that a license for MT controlled items
should also authorize certain minimum ``software'' and ``technology,''
which is being implemented by adding paragraph (c)(1)(x) to Sec.  750.7
(which allows licensees to make such exports, reexports and transfers
(in-country) pursuant to licenses for MT items) and paragraph (b)(3) to
Sec.  742.5 (which specifies this MT licensing policy) of the EAR.
(MTCR Annex Change, General Minimum Software Note, Rotterdam 2015
Plenary; and MTCR Annex, General Technology Note, Conforming Change to
MTCR Annex). The MTCR General Minimum Software Note, MTCR Annex General
Technology Note, and the provisions this final rule adds to Sec.  742.5
are consistent with the General Software Note and General Technology
Note in Supplement No. 2 to part 774 and License Exception TSU under
Sec.  740.13, paragraphs (a) and (c). Note, however, that the
implementation of these provisions is being done through the MT
licensing policy, and the addition of paragraph (c)(1)(x) to Sec.
750.7 described below, instead of through the use of a license
exception.
    BIS is presumptively including such minimum ``software'' and
``technology'' as part of the authorized scope for each license that
includes MT controlled items. Therefore, applicants are not required to
identify or provide any support documentation for such minimum
``software'' and ``technology'' on a license application for MT
controlled items because such minimum ``software'' and ``technology''
is authorized within the scope of the license, pursuant to Sec.
750.7(c)(1)(x), absent a license condition to the contrary. Applicants
will be informed when such minimum ``software'' and/or ``technology''
in Sec.  750.7(c)(1)(x) is excluded from the license by a BIS condition
on the license, which will state the following: ``This license does not
authorize the export, reexport or transfer (in-country) of the minimum
``software'' and/or ``technology'' specified in paragraph (b)(3) of
Sec.  742.5.'' Absent this condition on the license for MT controlled
items, the licensee may assume, consistent with Sec.  750.7(c)(1)(x)
and the licensing policy in Sec.  742.5, that the approved license also
authorizes the export (or reexport, or transfer (in-country) as
applicable) to the same ultimate consignee(s) and end user(s) specified
on the license of the minimum ``software,'' excluding source code,
controlled for MT reasons that is required for the installation,
operation, maintenance or repair of the item and the ``technology''
required for the installation, operation, maintenance, or repair of the
item in order to ensure the item's safe operation as originally
intended. It is important to note that this licensing policy in
paragraph (b)(3) of Sec.  742.5 is only available for licensed exports
(or reexports, or transfers (in-country)). For example, if an exporter
wishes to export such minimum ``software'' and ``technology'' for a
machine tool controlled for MT reasons, but there is not a license in
place authorizing the export of the machine tool, then the export of
such minimum ``software'' and ``technology'' would require a separate
authorization under the EAR. This final rule adds a new Note to
paragraph (b)(3), as described below, to make this clear.
    This final rule also specifies in Sec.  742.5, paragraph (b)(3)
that a license for MT controlled items authorizes pursuant to Sec.
750.7(c)(1)(x) the later export (or reexport, or transfer (in-country)
as applicable) of ``software'' controlled for MT reasons intended to
correct defects (bug fixes) in a previously legally exported item under
a BIS license to the same ultimate consignee(s) and end user(s)
specified on the license, provided that the capability and/or
performance of the item are not otherwise enhanced and such
``software'' is not excluded from the license by a BIS condition on the
license.
    Lastly, for the changes to Sec.  742.5, this final rule adds a Note
to paragraph (b)(3) to clarify that for the limited number of ECCNs
that are identified in Sec.  740.2, paragraph (a)(5), License Exception
TSU is available, and therefore exporters do not need to apply for a
license from BIS for such minimum ``software'' or ``technology.''
License Exception TSU is available provided such minimum ``software''
or ``technology'' is for an end use specified in that paragraph and
meets the requirements of License Exception TSU and is not otherwise
restricted under Sec.  740.2 of the EAR. This Note to paragraph (b)(3)
also clarifies that the licensing policy in paragraph (b)(3) is only
available for licensed exports (or reexports, or transfers (in-
country)), as noted above in the example for what minimum ``software''
and ``technology'' would require a separate authorization under the
EAR. BIS took into account that certain minimum ``software'' and
``technology'' was already eligible for License Exception TSU when
deciding to add paragraph (b)(3) to Sec.  742.5 for the MT licensing
policy and paragraph (c)(1)(x) to Sec.  750.7 to allow for such changes
to a license for MT items.
    In Sec.  750.7(c) (Changes to the license), this rule adds a new
paragraph (c)(1)(x), as referenced above in the description of the
changes this final rule makes to Sec.  742.5. This paragraph (c)(1)(x)
specifies that the export, reexport or transfer (in-country) of missile
technology (MT) controlled minimum ``software'' and/or ``technology''
permitted pursuant to the missile technology licensing policy in Sec.
742.5(b)(3) does not require a new license. This final rule also
includes a parenthetical phrase in Sec.  750.7(c)(1)(x) to cross
reference Sec.  742.5(b)(3)(i) to define the scope of eligible minimum
``software'' and ``technology'' and other limitations for licenses for
MT controlled items.
    Also in Sec.  750.7, this final rule adds two notes to paragraph
(c)(1)(x). The new Note 1 provides context for why BIS is implementing
the MT licensing policy pursuant to Sec.  750.7(c)(1)(x). Note 1
explains that the MT licensing policy is being implemented pursuant to
paragraph (c)(1)(x) because it applies to all MT licenses. This new
Note 1 also explains that this MT licensing policy does not apply when
BIS places a condition on the specific license(s) which excludes the
use of paragraph (c)(1)(x). This final rule also adds a Note 2 to
paragraph (c)(1)(x) to provide guidance on the relationship between
License Exception TSU and Sec.  750.7(c)(1)(x), as well as Sec.
742.5(b)(3). Note 2 is the same as the Note to paragraph (b)(3) to
Sec.  742.5, described above in this final rule, except for minor
changes to reflect that the note is in Sec.  750.7.
    In addition, this final rule amends the Commerce Control List (CCL)
to reflect changes to the MTCR Annex. Specifically, the following six
ECCNs are affected by the changes set forth in this final rule:
    ECCN 1B101. This final rule amends ECCN 1B101 by revising paragraph
a and the introductory text of paragraph b in the List of Items
Controlled section. (MTCR Annex Change, Category II: Item 6.B.1.a. and
b., Bern 2015 TEM). Specifically, this final rule amends paragraph a to
revise the term `fiber-placement machines' to add the term ``/tow''
after the term ``fiber'' to clarify that the scope of the control
parameter extends to placement machines regardless of whether they are
named fiber-placement machines or tow-placement machines. This final
rule revises the term ``fiber-placement machines'' to ``fiber/tow-
placement machines'' in order to clarify that both

these similar machines (two types of placement machines) are classified
under this control parameter, regardless of the naming convention. This
final rule revises paragraph b to add single quotation marks around the
term `tape-laying machines' to indicate that this term is defined for
purposes of ECCN 1B101. This final rule also revises paragraph b to
remove the phrase ``and sheets,'' because it is no longer needed as
part of the control parameter because the definition of tape now
encompasses sheets. Lastly, this final rule adds four new Technical
Notes to paragraphs a and b. The addition of these four Technical Notes
provides a clear technical definition for `fiber/tow-placement
machines' and `tape-laying machines' under new Technical Note 1, which
is based on the minimum width of material that these machines are
capable of laying (as specified further in the new Technical Notes 3
and 4 this final rule adds to ECCN 1B101). This final rule also adds a
Technical Note 2 to provide an ECCN-specific definition of `filament
band,' which is also used as part of the definition of `fiber/tow-
placement machines' and `tape-laying machines.' The purpose of this
change to ECCN 1B101 is to more clearly define and differentiate
between fiber/tow-placement machines and tape-laying machines. The only
increase in license applications will be due to the clarification that
tow-placement machines are definitively controlled by the MTCR.
    ECCN 1C111. This final rule amends ECCN 1C111 by revising
paragraphs b.4, b.9, d.9, and d.12 in the List of Items Controlled
section to add CAS (Chemical Abstract Service) Numbers. CAS Numbers are
numerical identifiers assigned by the Chemical Abstracts Service (CAS)
to every chemical substance described in open scientific literature,
including organic and inorganic compounds, minerals, isotopes and
alloys. The inclusion of CAS Numbers will make it easier to identify
the materials controlled under these ``items'' paragraphs of 1C111.
    This final rule revises paragraph b.4 to add the CAS Number (CAS
25265-19-4/CAS 68891-50-9) after the material ``polybutadiene acrylic
acid acrylonitrile (PBAN).'' (MTCR Annex Change, Category II: Item
4.C.5.e., Rotterdam 2015 Plenary). This change is not expected to have
any impact on the number of license applications received by BIS. This
final rule revises paragraph d.9 to add the CAS Number (CAS 6068-98-0)
after the material ``ethylene dihydrazine.'' (MTCR Annex Change,
Category II: Item 4.C.2.b.8., Rotterdam 2015 Plenary). This change is
not expected to have any impact on the number of license applications
received by BIS.
    This final rule revises paragraph d.12 to add the material ``1,1-
Dimethylhydrazinium azide (CAS 227955-52-4),'' which is an alternative
structure of the same chemical (Dimethylhydrazinium azide) classified
under d.12. This final rule also revises paragraph d.12 to add ``1,2-''
before the material ``Dimethylhydrazinium azide'' and adds the CAS
Number (CAS 299177-50-7) after the material ``1,2-Dimethylhydrazinium
azide.'' These changes will aid exporters and licensing officers by
making it clear that both structures of the chemical are caught under
paragraph d.12. (MTCR Annex Change, Category II: Item 4.C.2.b.12.,
Rotterdam 2015 Plenary). These changes are not expected to have any
impact on the number of license applications received by BIS.
    Lastly, for the changes to ECCN 1C111, this final rule revises
paragraph d.19, to add the material ``1,1-Diethylhydrazine nitrate
(DEHN),'' which is an alternative structure of the same chemical
(Diethylhydrazine nitrate (DEHN)) classified under d.19. This final
rule also revises paragraph d.19 to add ``1,2-'' before the material
``Diethylhydrazine nitrate (DEHN)'' and adds the CAS Number (CAS
363453-17-2) after the material ``1,2-Dimethylhydrazinium nitrate.''
These changes will aid exporters and licensing officers and make clear
that both structures of the chemical are caught under paragraph d.19.
(MTCR Annex Change, Category II: Item 4.C.2.b.19., Rotterdam 2015
Plenary). These changes are not expected to have any impact on the
number of license applications received by BIS.
    ECCN 7A116. This final rule amends ECCN 7A116 to revise the heading
to add the term ``pneumatic'' to the beginning of the control parameter
to specify that pneumatic flight control systems are also controlled
under ECCN 7A116. In addition, this final rule adds the phrase ``and
fly-by-light'' to the parenthetical phrase ``(including fly-by-wire
systems)'' to specify that the flight control systems classified under
this ECCN include fly-by-wire and fly-by-light systems. (MTCR Annex
Change, Category II: Item 10.A.1., Rotterdam 2015 Plenary). These
changes are not expected to have any impact on the number of license
applications received by BIS, because the commodities described in ECCN
7A116 are ``subject to the ITAR.''
    ECCN 9A012. This final rule amends ECCN 9A012 by adding paragraph
b.5 in the List of Items Controlled section to control pneumatic,
hydraulic, mechanical, electro-optical, or electromechanical flight
control systems (including fly-by-wire and fly-by-light systems) and
attitude control equipment designed or modified for UAVs or drones
controlled by ECCN 9A012, and capable of delivering at least 500
kilograms payload to a range of at least 300 km. (MTCR Annex Change,
Category II: Item 10.A.1., Rotterdam 2015 Plenary). New paragraph b.5
is not intended to control UAVs or drones controlled by either USML
paragraph VIII(a) or ECCN 9A610.a. This change is made to conform to
the MTCR Annex and to address that certain MTCR Category I UAVs are on
the CCL as a result of Export Control Reform.
    This final rule also makes two conforming changes to ECCN 9A012 for
the addition of paragraph 9A012.b.5. Specifically, this final rule is
revising the ``MT'' paragraph in the License Requirements section to
add an MT control for the new paragraph 9A012.b.5. This final rule is
revising the Related Control Paragraph to include a reference to also
see ECCN 9A610, because as noted above, similar types of systems and
equipment are controlled under ECCN 9A610.w. This change is expected to
result in an increase of 1-3 applications received annually by BIS.
    ECCN 9A610. This final rule amends ECCN 9A610 by revising paragraph
w in the List of Items Controlled section to add the term ``pneumatic''
to the beginning of the control parameter to specify that pneumatic
flight control systems are also classified under this paragraph w. In
addition, this final rule adds the phrase ``and fly-by-light'' to the
parenthetical phrase ``(including fly-by-wire systems)'' to specify
that the flight control systems classified under this paragraph w
include fly-by-wire and fly-by-light systems. (MTCR Annex Change,
Category II: Item 10.A.1., Rotterdam 2015 Plenary). These changes are a
slight expansion of the control parameter by extending the control to
include pneumatic flight control systems that are designed or modified
for ``missiles.'' This expansion of the control parameter is needed
because state-of-the-art flight control systems may use optical fibers
to provide digital communication between the flight control components.
This change is expected to result in an increase of 1-3 applications
received annually by BIS.
    ECCN 9B106. This final rule amends ECCN 9B106 by revising
paragraphs a.1 and the introductory text of paragraph a.2 in the List
of Items Controlled section. The introductory text of paragraph a
previously referred to both paragraphs a.1 and a.2 as flight

conditions, which was not entirely accurate. Therefore, this final rule
revises the introductory text of paragraph a by removing the phrase
``simulating all of the following flight conditions'' and adding in its
place the phrase ``having all of the following characteristics.'' (MTCR
Annex Change, Category II: Item 15.B.4.a., Bern 2015 TEM). The altitude
and temperature requirements specified in paragraphs a.1.a and a.2.a
are flight conditions, but the incorporation or ability to incorporate
a shaker unit or other vibration test equipment specified in paragraph
a.2 is not strictly a flight condition, but a means of simulating a
flight condition, so the introductory text of paragraph a needed to be
updated for clarity. This clarification to the introductory text of
paragraph a reflects the way this control has previously been
interpreted by BIS. This final rule revises the control parameter in
paragraph a.1.b to clarify the temperature range goes from below -
50[deg] C to above 125[deg] C. The revision to paragraph a.1.b does not
change the scope of control of 9B610 and this revision will better
reflect the control text of the MTCR Annex. (MTCR Annex Change,
Category II: Item 15.B.4.a.1.b., Conforming Change to MTCR Annex).
    Lastly, as a non-substantive formatting change, this final rule
revises paragraph a.2 to move the comma inside of the single quotation
marks for the term `bare table.' These changes are 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 enroute aboard a carrier
to a port of export or reexport, on April 4, 2016, 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 May 4, 2016. Any such items not actually
exported or reexported before midnight, on May 4, 2016, 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 7, 2015, 80 FR 48233 (August 11, 2015), 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, as amended by Executive
Order 13637.

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 final rule has been designated a ``significant
regulatory action,'' although not economically significant, under
section 3(f) of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person may be
required to respond to or 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. The expected increase in
total burden hours is expected to be minimal and to not exceed the
existing estimates for burden hours associated with the PRA and OMB
control number 0694-0088. 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 2015 Plenary
in Rotterdam, Netherlands and pursuant to the April 2015 Technical
Experts Meeting in Bern, Switzerland. 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 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. 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 742

    Exports, Terrorism.

15 CFR Part 750

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

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, parts 742, 750 and 774 of the Export Administration
Regulations (15 CFR parts 730-774) are amended as follows:

PART 742--[AMENDED]

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

    Authority:  50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22
U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12058,
43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3
CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp.,
p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential
Determination 2003-23, 68 FR 26459, 3 CFR, 2004 Comp., p. 320;
Notice of August 7, 2015, 80 FR 48233 (August 11, 2015); Notice of
November 12, 2015, 80 FR 70667 (November 13, 2015).

0
2. Section 742.5 is amended:
0
a. By redesignating paragraphs (b)(3) and (4) as paragraphs (b)(4) and
(5), respectively; and
0
b. By adding a new paragraph (b)(3) to read as follows:

Sec.  742.5  Missile technology.

* * * * *
    (b) * * *
    (3)(i) Consistent with the MTCR Annex General Minimum Software
Note, MTCR Annex General Technology Note and Sec.  750.7(c)(1)(x) of
the EAR, the approval of any item controlled for MT reasons on a BIS
license also authorizes the export, reexport, or transfer (in-country)
to the same ultimate consignee(s) and end user(s) specified on the
license of the minimum ``software,'' excluding source code, controlled
for MT reasons that is required for the installation, operation,
maintenance or repair of the item and the ``technology'' required for
the installation, operation, maintenance, or repair of the item in
order to ensure the item's safe operation as originally intended. The
approval of any item controlled for MT reasons on a BIS license also
authorizes the later export, reexport, or transfer (in-country) of
``software'' controlled for MT reasons intended to correct defects (bug
fixes) in a previously legally exported item under a BIS license to the
same ultimate consignee(s) and end user(s) specified on the license,
provided that the capability and/or performance of the item are not
otherwise enhanced. This MT licensing policy is implemented concurrent
with Sec.  750.7(c)(1)(x) because it applies to all MT licenses, except
when a condition is placed on the license which excludes the use of
Sec.  750.7(c)(1)(x), as described in paragraph (b)(3)(ii) of this
section.
    (ii) Applicants are not required to identify or provide any support
documentation for such minimum ``software'' or ``technology'' on a
license application for MT controlled items because such minimum
``software'' or ``technology'' is authorized within the scope of the
license, consistent with Sec.  750.7(c)(1)(x). Applicants will be
informed when such minimum ``software'' and/or ``technology'' in Sec.
750.7(c)(1)(x) is excluded from the license by a BIS condition on the
license, which will state the following: ``This license does not
authorize the export, reexport or transfer (in-country) of the minimum
``software'' and/or ``technology'' specified in paragraph (c)(1)(x) of
Sec.  750.7 (See paragraph (b)(3) of Sec.  742.5).''

    Note to paragraph (b)(3): License Exception TSU under Sec.
740.13 of the EAR is available for the ECCNs controlled for MT
reasons specified in paragraph (a)(5) in Sec.  740.2, provided the
software or technology is for an end use specified in that paragraph
and meets the requirements of License Exception TSU. (See Sec. Sec.
740.2(a)(5) and 740.13). The licensing policy in paragraph (b)(3) is
only available for licensed exports (or reexports, or transfers (in-
country)).

* * * * *

PART 750--[AMENDED]

0
3. The authority citation for 15 CFR part 750 continues to read as
follows:

    Authority:  50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; Sec
1503, Pub. L. 108-11, 117 Stat. 559; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13637, 78 FR 16129, 3 CFR, 2013 Comp., p. 223;
Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004 Comp.,
p. 320; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

0
4. Section 750.7 is amended:
0
a. By removing the period at the end of paragraph (c)(1)(ix) and adding
in its place ``; or''; and
0
b. By adding paragraph (c)(1)(x) to read as follows:

Sec.  750.7  Issuance of licenses.

* * * * *
    (c) * * *
    (1) * * *
    (x) Export, reexport or transfer (in-country) of missile technology
(MT) controlled minimum necessary ``software'' and/or ``technology''
permitted pursuant to the missile technology licensing policy in Sec.
742.5(b)(3) of the EAR. (See Sec.  742.5(b)(3)(i) for the scope of
eligible minimum ``software'' and/or ``technology'' and other
limitations for licenses for MT controlled items).

    Note 1 to paragraph (c)(1)(x): This MT licensing policy is
implemented pursuant to paragraph (c)(1)(x) of this section because
it applies to all MT licenses, except when a condition is placed on
the license which excludes the use of paragraph (c)(1)(x) of this
section, as described in Sec.  742.5(b)(3)(ii).

    Note 2 to paragraph (c)(1)(x): License Exception TSU under Sec.
740.13 of the EAR is available for the ECCNs controlled for MT
reasons specified in paragraph (a)(5) in Sec.  740.2, provided the
software or technology is for an end use specified in that paragraph
and meets the requirements of License Exception TSU. (See Sec. Sec.
740.2(a)(5) and 740.13). The licensing policy in Sec.  742.5(b)(3)
is only available for licensed exports (or reexports, or transfers
(in-country)).

* * * * *

PART 774--[AMENDED]

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

    Authority:  50 U.S.C. 4601 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; 43
U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. 4305; 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 7, 2015, 80 FR 48233 (August 11, 2015).

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) 1B101 is amended:
0
a. By revising ``items'' paragraphs a and b in the List of Items
Controlled section; and
0
b. By adding Technical Notes for paragraphs a and b at the end of the
``items'' paragraph b in the List of Items Controlled section to read
as follows:

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

* * * * *

1B101 Equipment, other than that controlled by 1B001, for the
``production'' of structural composites, fibers, prepregs or preforms,
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); and ``specially
designed'' ``parts,'' ``components'' and ``accessories'' therefor.

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Filament winding machines or `fiber/tow-placement machines,' of
which the motions for positioning, wrapping and winding fibers can be
coordinated and programmed in three or more axes, designed to fabricate
composite structures or laminates from fibrous or filamentary
materials, and coordinating and programming controls;
    b. `Tape-laying machines' of which the motions for positioning and
laying tape can be coordinated and programmed in two or more axes,
designed for the manufacture of composite airframe and missile
structures;

    Technical Notes for paragraphs a and b:  For the purposes of
1B101.a. and 1B101.b., the following definitions apply:
    1. `Fiber/tow-placement machines' and `tape-laying machines' are
machines that perform similar processes that use computer-guided
heads to lay one or several `filament bands' onto a mold to create a
part or a structure. These machines have the ability to cut and
restart individual `filament band' courses during the laying
process.
    2. A `filament band' is a single continuous width of fully or
partially resin-impregnated tape, tow, or fiber. Fully or partially
resin-impregnated `filament bands' include those coated with dry
powder that tacks upon heating.
    3. `Fiber/tow-placement machines' have the ability to place one
or more `filament bands' having widths less than or equal to 25.4
mm. This refers to the minimum width of material the machine can
place, regardless of the upper capability of the machine.
    4. `Tape-laying machines' have the ability to place one or more
`filament bands' having widths less than or equal to 304.8 mm, but
cannot place `filament bands' with a width equal to or less than
25.4 mm. This refers to the minimum width of material the machine
can place, regardless of the upper capability of the machine.

* * * * *

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) 1C111 is amended:
0
a. By revising ``items'' paragraph b.4 in the List of Items Controlled
section; and
0
b. By revising ``items'' paragraphs d.9, d.12 and d.19 in the List of
Items Controlled section to read as follows:

1C111 Propellants and constituent chemicals for propellants, other than
those specified in 1C011, as follows (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    b. * * *
* * * * *
    b.4. Polybutadiene acrylic acid acrylonitrile (PBAN) (CAS 25265-19-
4/CAS 68891-50-9);
* * * * *
    d. * * *
* * * * *
    d.9. Ethylene dihydrazine (CAS 6068-98-0);
* * * * *
    d.12. 1,1-Dimethylhydrazinium azide (CAS 227955-52-4)/1,2-
Dimethylhydrazinium azide (CAS 299177-50-7);
* * * * *
    d.19. 1,1-Diethylhydrazine nitrate (DEHN)/1,2-Diethylhydrazine
nitrate (DEHN) (CAS 363453-17-2);
* * * * *

0
8. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7-- Navigation and Avionics, Export Control Classification
Number (ECCN) 7A116 is amended by revising the heading to read as
follows:

7A116 Flight control systems (pneumatic, hydraulic, mechanical,
electro-optical, or electro-mechanical flight control systems
(including fly-by-wire and fly-by-light systems) and attitude control
equipment) designed or modified for ``missiles''. (These items are
``subject to the ITAR''. See 22 CFR parts 120 through 130.)

0
9. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A012 is amended:
0
a. By revising the ``MT'' paragraph in the table in the License
Requirements section;
0
b. By revising the Related Controls paragraph in the List of Items
Controlled section; and
0
c. By adding ``items'' paragraph b.5 in the List of Items Controlled
section to read as follows:

9A012 Non-military ``Unmanned Aerial Vehicles,'' (``UAVs''), unmanned
``airships'', related equipment and ``components'', as follows (see
List of Items Controlled).

License Requirements

    Reason for Control:
* * * * *

------------------------------------------------------------------------
                                            Country Chart (see sup No. 1
                Control(s)                          to part 738)
------------------------------------------------------------------------

                                * * * * *
MT applies to non-military Unmanned Air    MT Column 1.
 Vehicle (UAVs) and Remotely Piloted
 Vehicles (RPVs) that are capable of a
 maximum range of at least 300 kilometers
 (km), regardless of payload, and
 9A012.b.5.

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

* * * * *

List of Items Controlled

* * * * *
    Related Controls: See the U.S. Munitions List Category VIII (22 CFR
part 121). Also see ECCN 9A610 and Sec.  744.3 of the EAR.
* * * * *
    Items:
* * * * *
    b. * * *
* * * * *
    b.5. Pneumatic, hydraulic, mechanical, electro-optical, or
electromechanical flight control systems (including fly-by-wire and
fly-by-light systems) and attitude control equipment designed or
modified for UAVs or drones controlled by ECCN 9A012., and capable of
delivering at least 500 kilograms payload to a range of at least 300
km.
* * * * *

0
10. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A610 is amended by revising ``items'' paragraph w in the
List of Items Controlled section to read as follows:

9A610 Military aircraft and related commodities, other than those
enumerated in 9A991.a (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *

    w. Pneumatic, hydraulic, mechanical, electro-optical, or
electromechanical flight control systems (including fly-by-wire and
fly-by-light systems) and attitude control equipment designed or
modified for UAVs or drones controlled by either USML paragraph VIII(a)
or ECCN 9A610.a., and capable of delivering at least 500 kilograms
payload to a range of at least 300 km.
* * * * *

0
11. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9B106 is amended:
0
a. By revising the introductory text of ``items'' paragraph a in the
List of Items Controlled section;
0
b. By revising ``items'' paragraph a.1 in the List of Items Controlled
section; and
0
c. By revising the introductory text of items paragraph a.2 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. Environmental chambers having all of the following
characteristics:
    a.1. Capable of simulating any of the following flight conditions:
    a.1.a. Altitude equal to or greater than 15,000 m; or
    a.1.b. Temperature range from below -50 [deg]C to above 125 [deg]C;
and
    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;
* * * * *

    Dated: March 29, 2016.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2016-07601 Filed 4-1-16; 8:45 am]
 BILLING CODE 3510-33-P


[Federal Register Volume 85, Number 222 (Tuesday, November 17, 2020)]
[Notices]
[Pages 73267-73268]
[FR Doc No: 2020-25299]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ID-9037-000]

Moore, Matthew T.; Notice of Filing

    Take notice that on November 6, 2020, Matthew T. Moore submitted
for filing, application for authority to hold interlocking positions,
pursuant to section 305(b) of the Federal Power Act, 16 U.S.C. 825d (b)
(2020) and Part 45 of the Federal Energy Regulatory Commission's
(Commission) Rules of Practice and Procedure, 18 CFR part 45.8 (2020).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken but will

not serve to make protestants parties to the proceeding. Any person
wishing to become a party must file a notice of intervention or motion
to intervene, as appropriate. Such notices, motions, or protests must
be filed on or before the comment date. On or before the comment date,
it is not necessary to serve motions to intervene or protests on
persons other than the Applicant.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern Time on November 27, 2020.

    Dated: November 10, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-25299 Filed 11-16-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 172 (Wednesday, September 5, 2012)]
[Proposed Rules]
[Pages 54493-54495]
[FR Doc No: 2012-21759]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2012-0172]
RIN 1625-AA01

Special Anchorage Area; Stockton Springs, ME

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a special anchorage area
in Stockton Springs, Maine. This proposed action is necessary to
facilitate safe navigation in that area and provide safe and secure
anchorages for vessels not more than 20 meters in length. This action
is intended to increase the safety of life and property in Stockton
Springs, improve the safety of anchored vessels, and provide for the
overall safe and efficient flow of vessel traffic and commerce.

DATES: Comments and related material must be received by the Coast
Guard on or before November 5, 2012. Requests for public meetings must
be received by the Coast Guard on or before September 26, 2012.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email BM1 William M. Ferretti, Waterways Management Branch,
First Coast Guard District, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>or Lieutenant Isaac M. Slavitt, Waterways
Management Branch, First Coast Guard District, telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2012-0172] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope.
    We will consider all comments and material received during the
comment period and may change the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2012-0172) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public meeting

    We do not now plan to hold a public meeting. But, you may submit a
request for one on or before September 26, 2012, using one of the
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that a public
meeting would aid this rulemaking, we will hold one at a time and place

announced by a later notice in the Federal Register.

B. Basis and Purpose

    The legal basis for the proposed rule is: 33 U.S.C. 471, 1221
through 1236, 2030, 2035, 2071; 33 CFR 1.05-1; and Department of
Homeland Security Delegation No. 0170.1, which collectively authorize
the Coast Guard to define anchorage grounds.
    The rule is intended to reduce the risk of vessel collisions by
creating a special anchorage area in Stockton Springs. This proposed
rule would establish a special anchorage area in the northeast portion
of Stockton Harbor.

C. Discussion of Proposed Rule

    The proposed rule would create a new special anchorage area in
Stockton Springs, Maine. The location of the new special anchorage area
in Stockton Springs is described in the regulatory text below. All
proposed coordinates are North American Datum 1983 (NAD 83).
    Smaller vessels frequent the area due to the recreational and
tourist attractions in Penobscot Bay. Vessels not more than 20 meters
in length are not required to sound signals as per Rule 35 of the
Inland Navigation Rules (33 U.S.C. 2035) nor exhibit anchor lights or
shapes as per Rule 30 of the Inland Navigation Rules (33 U.S.C 2030)
when at anchor in a special anchorage area. Creation of the special
anchorage area in Stockton Springs will provide an additional layer of
safety for the smaller vessels who anchor there. Additionally, mariners
utilizing the anchorage areas would be encouraged to contact local and
state authorities, such as the local harbormaster, to ensure compliance
with any additional applicable state and local laws. Such laws may
involve, for example, compliance with direction from the local
harbormaster when placing or using moorings within the anchorage.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. We expect minimal
additional cost impacts on fishing or recreational boats anchoring
because this rule would not affect normal surface navigation. Although
this regulation may have some impact on the public, the potential
impact will be minimized for the following reasons: Normal surface
navigation will not be affected as this area has been historically used
as a mooring field by the Town of Stockton Springs, and the number of
vessels using the anchorage is limited due to depth (less than or equal
to 15 feet).

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
    This proposed rule would affect the following entities, some of
which might be small entities: The owners or operators of recreational
and small fishing vessels intending to anchor in Stockton Springs. The
proposed rule would not have a significant economic impact on a
substantial number of small entities for the following reasons: Normal
surface navigation will not be affected as this area has been
historically used as a mooring field by the Stockton Springs and the
number of vessels using the anchorage is limited due to depth (less
than or equal to 15 feet).
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    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 proposed 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 contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    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 proposed rule under that Order and
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.

7. 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination 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 proposed rule
involves the establishment of special anchorage grounds. We believe the
proposed rule is categorically excluded from further review under
paragraph 34(f) of Figure 2-1 of the Commandant Instruction. A
preliminary environmental analysis checklist supporting this
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

    1. The authority citation for part 110 continues to read as
follows:

    Authority:  33 U.S.C. 471; 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.

    2. Add Sec.  110.7 to subpart A to read as follows:

Sec.  110.7  Stockton Springs, Maine.

    (a) Anchorage A. All of the waters enclosed by a line beginning at
latitude 44[deg]27'45.00'' N, longitude 068[deg]51'28.08'' W; thence to
latitude 44[deg]28'07.32'' N, longitude 068[deg]52'04.08'' W; thence to
latitude 44[deg]28'34.32'' N, longitude 068[deg]51'43.20'' W; thence to
latitude 44[deg]28'14.52'' N, longitude 068[deg]51'06.84'' W; thence
along the shoreline to the beginning point. This encompasses the
northeast portion of Stockton Springs Harbor.
    (b) Regulations. This area is principally for use by recreational
craft. Temporary floats or buoys for marking anchors or moorings in
place are allowed in this area. Fixed mooring piles or stakes are not
allowed. All moorings or anchors shall be placed well within the
anchorage areas so that no portion of the hull or rigging will at any
time extend outside of the anchorage.
    Note to paragraph (b): All anchoring in the areas is under the
supervision of the Stockton Springs Harbor Master or other such
authority as may be designated by the authorities of the Town of
Stockton Springs, Maine. All coordinates referenced use datum: NAD 83.

    Dated: August 16, 2012.
James B. McPherson,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 2012-21759 Filed 9-4-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 61 (Monday, March 31, 2014)]
[Notices]
[Page 18023]
[FR Doc No: 2014-07090]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP14-631-000.
    Applicants: Wyoming Interstate Company, L.L.C.
    Description: Transportation Agreements Filing (EnerVest Funds) to
be effective 4/1/2014.
    Filed Date: 3/20/14.
    Accession Number: 20140320-5102.
    Comments Due: 5 p.m. ET 4/1/14.

    Docket Numbers: RP14-632-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Neg Rate Agmt from Perm Cap Release (Aventine 26783 to
Valero 33854) to be effective 3/22/2014.
    Filed Date: 3/21/14.
    Accession Number: 20140321-5080.
    Comments Due: 5 p.m. ET 4/2/14.

    Docket Numbers: RP14-633-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: Annual Revenue Crediting Filing of Enable Gas
Transmission, LLC.
    Filed Date: 3/21/14.
    Accession Number: 20140321-5180.
    Comments Due: 5 p.m. ET 4/2/14.

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

    Dated March 24, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-07090 Filed 3-28-14; 8:45 am]
BILLING CODE 6717-01-P


DCN 00673 EMAIL Ms Lucy: Jon asked me to provide any help possible on your request for information on how this state handles bulk oil station VPDES permitting. I am attaching ( 1) an EXCEL spreadsheet list of permitted facilities in the state that a query of the database produced, ( 2) an EXCEL spreadsheet permit contact list with name and phone number ( all permits; these won't configure with the 1st spreadsheet so must cross rererence), and ( 3) a WORD document of an excerpt from our permitting manual indicating our permitting stategy for these facilities ( it is under revision, the notes in red are the latest changes). Unfortunately I do not have the information to answer your specific questions but maybe this information will help. Our regional offices maintain the official files and facility specific information. The water permit managers listed on our website in " regions" would be appropriate contacts.

Sorry this took so long. Mike Gregory DEQ << petroleum bulk list. xls>> << bulk oil permitting. doc>> << contacts. xls>>