[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Notices]
[Pages 16662-16664]
[FR Doc No: 2015-07202]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-91-000]

East Tennessee Natural Gas, LLC; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Loudon Expansion Project and
Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Loudon Expansion Project
involving construction and operation of facilities by East Tennessee
Natural Gas, LLC (East Tennessee) in Monroe and Loudon Counties,
Tennessee. The Commission will use this EA in its decision-making
process to determine whether the project is in the public convenience
and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help the Commission staff
determine what issues they need to evaluate in the EA. Please note that
the scoping period will close on April 23, 2015.
    Further details on how to submit written comments are in the Public
Participation section of this notice. If you sent comments on this
project to the Commission before the opening of this

docket on February 20, 2015, you will need to file those comments in
Docket No. CP15-91-000 to ensure they are considered as part of this
proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable agreement. However, if
the Commission approves the project, that approval conveys with it the
right of eminent domain. Therefore, if easement negotiations fail to
produce an agreement, the pipeline company could initiate condemnation
proceedings where compensation would be determined in accordance with
state law.
    East Tennessee provided landowners with a fact sheet prepared by
the FERC entitled ``An Interstate Natural Gas Facility On My Land? What
Do I Need To Know?'' This fact sheet addresses a number of typically
asked questions, including the use of eminent domain and how to
participate in the Commission's proceedings. It is also available for
viewing on the FERC Web site (www.ferc.gov).

Summary of the Proposed Project

    East Tennessee would construct, own, and operate a new pipeline and
related appurtenant facilities extending from its existing 12-inch-
diameter Line 3200-1 pipeline in Monroe County, Tennessee to Tate &
Lyle Americas Ingredients, LLC (Tate & Lyle) a manufacturer of
artificial sweeteners and ethanol products in Loudon County, Tennessee.
The Loudon Expansion Project would provide up to 40,000 decatherms per
day of natural gas to Tate & Lyle, which is planning to convert its
existing coal fired boilers to natural gas, and install a new natural
gas fueled combined cycle electric power plant.
    The Loudon Expansion Project would consist of the following
facilities:
     About 10 miles of 12-inch-diameter pipeline (Loudon
Mainline Extension) in Monroe and Loudon Counties;
     A new 12-inch mainline valve, two 12-inch tee taps and
related appurtenant facilities at the interconnection of the Loudon
Mainline Extension with the existing Line 3200-1 mainline in Monroe
County;
     A new meter facility and related appurtenances located at
the end of the Loudon Mainline Extension at the Tate & Lyle Plant in
Loudon County, Tennessee;
     Above- and below-ground piping, flow measurement
equipment, flow control equipment, filter/separator, pig launcher and
receiver,\1\ aboveground valve operators for belowground valves,
blowdowns, and a condensate tank; and
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    \1\ A ``pig'' is a tool that the pipeline company inserts into
and pushes through the pipeline for cleaning the pipeline,
conducting internal inspections, or other purposes.
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     A new pressure regulator at existing meter station 59039
on East Tennessee's existing Loudon-Lenoir City Lateral Line 3218D-100,
in Loudon County.
    The general location of the project facilities is shown in appendix
1.\2\
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    \2\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called ``eLibrary'' or from the Commission's Public
Reference Room, 888 First Street NE., Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
pages 6 and 7 of this notice.
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Land Requirements for Construction

    Construction of the proposed facilities would disturb about 88.5
acres of land. Following construction, East Tennessee would maintain
about 62.3 acres for permanent operation of the project's facilities;
the remaining acreage would be restored and revert to former uses.
About 87 percent of the pipeline route parallels existing pipeline,
utility, or road rights-of-way.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\3\ to discover and address concerns the public may have about
proposals. This process is referred to as ``scoping.'' The main goal of
the scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all filed comments during the preparation of the EA.
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    \3\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
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    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the proposed project under these
general headings:
     Geology and soils;
     Land use;
     Water resources and fisheries, and wetlands;
     Cultural resources;
     Vegetation and wildlife, including migratory birds;
     Air quality and noise;
     Endangered and threatened species; and
     Public safety.
    We will also evaluate reasonable alternatives to the project or
portions of the project, and make recommendations on how to lessen or
avoid impacts on the various resource areas.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Depending on
the comments received during the scoping process, we may also publish
and distribute the EA to the public for an allotted comment period. We
will consider all comments on the EA before making our recommendations
to the Commission. To ensure we have the opportunity to consider and
address your comments, please carefully follow the instructions in the
Public Participation section beginning on page 5.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues of
this project to formally cooperate with us in the preparation of the
EA.\4\ Agencies that would like to request cooperating agency status
should follow the instructions for filing comments provided under the
Public Participation section of this notice.
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    \4\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
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Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for Section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the Tennessee State Historic Preservation Office (SHPO), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the project's potential effects on
historic properties.\5\ We will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPO as the project
develops. On natural gas

facility projects, the APE at a minimum encompasses all areas subject
to ground disturbance (examples include construction right-of-way,
contractor/pipe storage yards, compressor stations, and access roads).
Our EA for this project will document our findings on the impacts on
historic properties and summarize the status of consultations under
Section 106.
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    \5\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Currently Identified Environmental Issues

    We have already identified several issues that we think deserve
attention based on a preliminary review of the proposed facilities and
the environmental information provided by East Tennessee. This
preliminary list of issues may be changed based on your comments and
our analysis. These include impacts on:
     Waterbodies;
     Karst geology, including caves;
     Soils;
     Migratory birds;
     Vegetation;
     Candidate and listed threatened or endangered species;
     Land use;
     Air quality and noise;
     Safety; and
     Alternative routes.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send your comments so
that the Commission receives them in Washington, DC on or before April
23, 2015.
    For your convenience, there are three methods which you can use to
submit your comments to the Commission. In all instances please
reference the project docket number (CP15-91-000) with your submission.
The Commission encourages electronic filing of comments and has expert
staff available to assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for interested persons to
submit brief, text-only comments on a project;
    (2) You can file your comments electronically using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
proposed project.
    If we publish and distribute the EA, copies will be sent to the
environmental mailing list for public review and comment. If you would
prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 2).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are in
the User's Guide under the ``e-filing'' link on the Commission's Web
site.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site at www.ferc.gov using the ``eLibrary'' link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., CP15-
91). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: March 24, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-07202 Filed 3-27-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Rules and Regulations]
[Pages 8172-8174]
[FR Doc No: 2022-03008]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1016; Project Identifier AD-2021-00625-E;
Amendment 39-21936; AD 2022-03-19]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
General Electric Company (GE) Passport 20-17BB1A, Passport 20-18BB1A,
and Passport 20-19BB1A model turbofan engines. This AD was prompted by
a report of a manufacturing quality escape that requires a reduction to
the life limit of certain high-pressure turbine (HPT) rotor stage 1
disks. This AD requires revising the airworthiness limitations section
(ALS) of the existing maintenance manual and the operator's existing
approved continuous airworthiness maintenance program (CAMP) to
incorporate a reduced life limit for certain HPT rotor stage 1 disks.
The FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective March 21, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 21,
2022.

ADDRESSES: For service information identified in this final rule,
contact General Electric Company, 1 Neumann Way, Cincinnati, OH 45215,
United States; phone:<PHONE_NUMBER>; email:
[email protected]; website: www.ge.com. You may view this
service information at the FAA, Airworthiness Products Section,
Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803.
For information on the availability of this material at the FAA, call
(817) 222-5110. It is also available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-1016.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-1016; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Scott Stevenson, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all GE Passport 20-
17BB1A, Passport 20-18BB1A, and Passport 20-19BB1A model turbofan
engines. The NPRM published in the Federal Register on November 29,
2021 (86 FR 67669). The NPRM was prompted by a report from GE of a
manufacturing quality escape that identified a certain population of
HPT rotor stage 1 disks that did not meet the design specification. GE
determined that machining and inspection of the affected HPT rotor
stage 1 disks was inconsistent with the engineering drawing. Further
analysis by GE determined that the nonconformance at the forward and
aft hooks of the HPT rotor stage 1 disks may cause the disks to fail
prematurely and, therefore, the life limit of the affected HPT rotor
stage 1 disks requires reduction. As a result, GE decreased the life
limit of the affected HPT rotor stage 1 disks. In the NPRM, the FAA
proposed to require revising the ALS of the GE Passport 20 Line
Maintenance Manual, GEK 112062, and the operator's existing approved
CAMP to incorporate a reduced life limit for certain HPT rotor stage 1
disks. The FAA is issuing this AD to address the unsafe condition on
these products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received one comment, from GE. The following presents the
comment received on the NPRM and the FAA's response.

Request To Update Date of Service Information

    GE requested that the FAA correct the date of GE Service Bulletin
(SB) PASSPORT20-A-72-00-0116-00A-930A-D, Issue 002, in this AD from
July 22, 2021, to August 13, 2021. GE commented that the NPRM included
the date of the draft SB and not the date of the published SB. GE
stated that there was no change to the document content between the
draft and publication dates.
    The FAA agrees and has revised this AD as requested.

Conclusion

    The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. Except for minor editorial changes and any
other changes described previously, this AD is adopted as proposed in
the NPRM. None of the changes will increase the economic burden on any
operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed GE SB PASSPORT20-A-72-00-0116-00A-930A-D, Issue
002, dated August 13, 2021. This service information describes
procedures for removing a certain population of HPT rotor stage 1 disks
from service and provides serial numbers of the affected HPT rotor
stage 1 disks. This service information is reasonably available because
the interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 78 engines installed on
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Revise the ALS of the Line Maintenance  1 work-hour x $85 per                 $0             $85          $6,630
 Manual and the operator's existing      hour = $85.
 approved CAMP.
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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

    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) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2022-03-19 General Electric Company: Amendment 39-21936; Docket No.
FAA-2021-1016; Project Identifier AD-2021-00625-E.

(a) Effective Date

    This airworthiness directive (AD) is effective March 21, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to General Electric Company (GE) Passport 20-
17BB1A, Passport 20-18BB1A, and Passport 20-19BB1A model turbofan
engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7250, Turbine
Section.

(e) Unsafe Condition

    This AD was prompted by a manufacturing quality escape that
requires a reduction to the life limit for certain high-pressure
turbine (HPT) rotor stage 1 disks. The FAA is issuing this AD to
prevent failure of the HPT rotor stage 1 disk. The unsafe condition,
if not addressed, could result in uncontained disk release, damage
to the engine, and damage to the airplane.

(f) Compliance

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

(g) Required Action

    Within 120 days after the effective date of this AD, revise the
airworthiness limitations section of the existing maintenance manual
for your engine and the operator's existing approved continuous
airworthiness maintenance program by adding Figure 1 to paragraph
(g) of this AD.

[GRAPHIC] [TIFF OMITTED] TR14FE22.000

    Note 1 to paragraph (g): Where Figure 1 to paragraph (g) refers
to ``Life Cycles,'' for the purpose of this AD, this refers to life
cycles since new.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in paragraph (i) of this AD. Information may be emailed
to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    For more information about this AD, contact Scott Stevenson,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: [email protected].

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) General Electric Company Service Bulletin PASSPORT20-A-72-
00-0116-00A-930A-D, Issue 002, dated August 13, 2021.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
General Electric Company, 1 Neumann Way, Cincinnati, OH 45215;
phone:<PHONE_NUMBER>; email: [email protected]; website:
www.ge.com.
    (4) You may view this referenced service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 26, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-03008 Filed 2-11-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 21, 2010 (Volume 75, Number 76)]
[Rules and Regulations]
[Page 20774]
[DOCID:fr21ap10-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0061; Airspace Docket No. 09-ASO-10]

Establishment of Class E Airspace; Mountain City, TN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; confirmation of effective date.

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SUMMARY: This action confirms the effective date of a direct final rule
published in the Federal Register December 7, 2009 that establishes
Class E airspace at Johnson County Airport, Mountain City, TN.

DATES: Effective Date: 0901 UTC, April 21, 2010.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Confirmation of Effective Date

    The FAA published this direct final rule with a request for
comments in the Federal Register on December 7, 2009 (74 FR 63976),
Docket No. FAA-2009-0061; Airspace Docket No. 09-ASO-10. The FAA uses
the direct final rulemaking procedure for a non-controversial rule
where the FAA believes that there will be no adverse public comment.
This direct final rule advised the public that no adverse comments were
anticipated, and that unless a written adverse comment, or a written
notice of intent to submit such an adverse comment, were received
within the comment period, the regulation would become effective on
February 11, 2010. No adverse comments were received, and thus this
notice confirms that effective date.

    Issued in College Park, Georgia, on April 9, 2010.
Myron A. Jenkins,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2010-8840 Filed 4-20-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Rules and Regulations]
[Pages 85479-85487]
[FR Doc No: 2023-26532]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 738, 740, 742, and 774

[Docket No.<PHONE_NUMBER>]
RIN 0694-AJ29

Allied Governments Favorable Treatment: Revisions to Certain
Australia Group Controls; Revisions to Certain Crime Control and
Detection Controls

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

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) by removing Proliferation of
Chemical and Biological Weapons (CB) controls on specified pathogens
and toxins that are destined for Australia Group (AG) member countries
and by revising the Commerce Country Chart to remove Crime Control and
Detection (CC) controls on certain items that are destined for Austria,
Finland, Ireland, Liechtenstein, South Korea, Sweden, and Switzerland.
These changes are being made as part of a broader effort announced
today that will liberalize several categories of export licensing
requirements and the availability of export license exceptions for key
allied and partner countries, as well as for members of certain
multilateral export control regimes.

DATES: This rule is effective December 8, 2023.

FOR FURTHER INFORMATION CONTACT: For questions on pathogens and toxins
discussed in this rule, contact Dr. Tara Gonzalez, Chemical and
Biological Controls Division, Office of Nonproliferation and Treaty
Compliance, Bureau of Industry and Security, Telephone:<PHONE_NUMBER>,
Email: [email protected]. For all other questions pertaining to
this rule, contact Logan Norton, Regulatory Policy Division, Office of
Exporter Services, Bureau of Industry and Security, U.S. Department of
Commerce,<PHONE_NUMBER>, Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

Liberalizing Controls for Allies and Partners

    Historically, the United States has relied on deep connections with
its allies and partners to protect its vital national security and
foreign policy interests. In particular, the United States acts in
close cooperation with its allies and partners to bring together the
international community to address military aggression, threats to
sovereignty, and human rights abuses around the world. This is
especially true in the context of export controls, in which
multilateral and plurilateral controls are typically the most effective
path toward accomplishing our national security and foreign policy
objectives.
    In remarks made at the U.S. State Department on February 4, 2021,
regarding America's place in the world, President Biden noted that
America's alliances are some of our greatest assets and that leading
with diplomacy means standing shoulder to shoulder and working closely
with our allies and key partners, thereby protecting the world against
nefarious actors. At that time, President Biden highlighted the fact
that the United States would be ``more effective in dealing with Russia
when we work in coalition and coordination with other like-minded
partners.'' (https://www.whitehouse.gov/briefing-room/speeches-remarks/2021/02/04/remarks-by-president-biden-on-americas-place-in-the-world/).
Consistent with this direction, a year later, following Russia's
unjustifiable further invasion of Ukraine and Belarus's complicity in
that invasion, the United States led the formation of and continues to
lead alignment within the Global Export Controls Coalition (GECC), now
comprising the United States and 38 other global economies. BIS's
export controls on Russia and Belarus have been successful because they
have been imposed and maintained in coordination with U.S. allies and
partners. At the same time, in addition to the GECC, BIS has forged
deeper ally and partner country relationships through a series of
bilateral and multilateral export controls dialogues, including under
the auspices of the U.S.-European Union Trade and Technology Council
(TTC) and the U.S.-Japan Commercial and Industrial Partnership (JUCIP).
    The changes made with this rule and two other ally and partner
rules published today are part of a broad effort to liberalize controls
for allies and partner countries under the EAR (15 CFR parts 730-774).
Together, these rules will ease several categories of export licensing
requirements and increase the availability of export license exceptions
for key allied and partner countries, as well as members of certain
multilateral export control regimes.

Overview of Regulatory Changes

    As described below, in recognition of key allies' and partners'
support of our efforts against Russia, along with their leadership in
the areas of chemical and biological weapons nonproliferation and the
promotion of human rights, BIS is making two sets of amendments to the
EAR. First, it is revising the Chemical and Biological Nonproliferation
(CB) controls that apply to certain pathogens and toxins that are
destined for members of the Australia Group (AG). Second, it is
removing Crime Controls (CC) on seven key allied and partner countries,
Austria, Finland, Ireland, Liechtenstein, South Korea, Sweden, and
Switzerland. These amendments to the EAR eliminate certain controls on
allied and partner countries, as well as on AG member countries,
thereby facilitating exports and reexports involving these countries
and allowing BIS to apply its resources toward reviewing and monitoring
more sensitive exports and higher-risk transactions. These amendments
are part of a larger effort announced by BIS today that includes
several EAR amendments eliminating certain license requirements and
broadening the availability of license exceptions for allied and
partner countries, including member countries of international regimes.

Pathogens and Toxins

    The AG is the multilateral export control regime responsible for
controlling chemical and biological items to ensure that such items do
not contribute to chemical and biological weapons proliferation. The AG
currently has 43 members, including the United States. All items
controlled under ECCNs 1C351, 1C353, 1C354, 1E001, and 1E351 on the
Commerce Control List (CCL) (supp. no. 1 to part 774 of the EAR) are
controlled multilaterally by the AG, except those items controlled
under ECCN 1C351.b.
    Prior to this rule, entries for pathogens and toxins controlled
under ECCNs 1C351, 1C353, 1C354, and their related technologies
controlled under ECCNs 1E001, and 1E351, listed CB Column 1 (CB:1) (see
Commerce

Country Chart, supp. no. 1 to part 738) as a reason for control
applying to each entry. Pursuant to Sec.  742.2(a)(1) of the EAR, ECCNs
with a CB:1 reason for control require a BIS license for export or
reexport to all destinations, regardless of AG membership. Separately,
the controls on ECCNs referring to CB Column 2 (CB:2) are described in
Sec.  742.2(a)(2); items with a CB:2 reason for control require a BIS
license for all destinations except AG member countries (see Country
Group A:3, supp. no. 1 to part 740).
    BIS is amending the EAR in recognition of the fact that each of the
AG member countries has an effective export control system capable of
regulating dual-use exports in a manner consistent with U.S. national
security, foreign policy, and nonproliferation objectives. In
particular, all AG members implement AG control agreements under their
domestic laws, including by imposing stringent biosafety and
biosecurity standards and maintaining comparable license requirements.
Consequently, exports, reexports, and transfers (in-country) of items
controlled under these ECCNs to AG member countries are low-risk
transactions. This assessment is evidenced by recent licensing data on
approved and denied BIS license applications for the items controlled
under these ECCNs to AG member countries. In 2021, BIS approved
approximately 1,000 applications for ECCN 1C351, 1C353, 1C354, 1E001,
and 1E351 items to AG member countries and did not deny any license
applications for such items to AG member countries. Consistent with the
demonstrated low risk posed by these items when destined to AG member
countries, BIS is amending the reason for control from CB:1 to CB:2 in
each of the entries for these items. Although these items remain CB-
controlled, they will no longer require a license for CB reasons when
destined to AG member countries. By amending the reason for control
from CB:1 to CB:2 in each of the entries for these items, BIS estimates
that it is alleviating a burden of approximately 1,000 license
applications per year. This decrease in burden will benefit both the
public, by reducing the need to submit applications and wait for
processing, and BIS, by freeing resources for applications involving
higher-risk destinations.

Regulatory Change

    With this rule, BIS revises ECCNs 1C351, 1C353, 1C354, 1E001, and
1E351 on the CCL. This rule revises the reason for control in each of
these ECCNs from CB:1 to CB:2. As a conforming change, BIS revises
Sec.  742.2(a) of the EAR such that it reflects the changes to ECCNs
1C351, 1C353, 1C354, 1E001, and 1E351.
    This rule does not make changes to the item paragraphs or other
reasons for control associated with these ECCNs. Notably, CB:1 will
continue to be the reason for control in ECCN 1C351.d.14 and .15 and
genetic elements of ECCN 1C353 of toxins controlled in 1C351.d.14 and
.15, pursuant to the requirements of the Chemical Weapons Convention.
Relatedly, ECCNs 1E001 and 1E351 will retain CB:1 as the reason for
control for ``technology'' controlled by the ECCN 1C351.d.14 and .15
and the genetic elements thereof.
    This rule makes two conforming changes involving ECCN 1C351 that
reflect the easing of licensing requirements described above. Prior to
this rule, certain toxins controlled under ECCN 1C351 required a
license but were eligible for License Exception Strategic Trade
Authorization (STA) when destined to Country Group A:5 countries
pursuant to Sec.  740.20(b)(2)(vi). Given the changes made by this rule
to ECCN 1C351, there is no longer a license requirement for these
toxins when destined for a Country Group A:5 country. Therefore, this
rule removes Sec.  740.20(b)(2)(vi) and references to License Exception
STA from ECCN 1C351.

Crime Control

    Crime controls (CC) on crime control detection equipment, related
technology, and software, set forth in Sec.  742.7 of the EAR, support
U.S. foreign policy interests that promote the observance of human
rights throughout the world. Pursuant to Sec.  742.7(a)(1), ECCNs on
the CCL referencing CC Column 1 on the Country Chart (CC:1) require a
BIS license for export and reexport. Similarly, Sec.  742.2(a)(3)
describes the license requirements for items referencing CC Column 3 on
the Country Chart (CC:3). Prior to this rule, Austria, Finland,
Ireland, Liechtenstein, South Korea, Sweden, and Switzerland were each
subject to license requirements for CC:1 and CC:3 items set forth on
the CCL. With this rule, the items specified in Sec.  742.7(a)(1) and
(a)(3) will no longer require a license for export and reexport to
these seven countries; this reflects--along with their inclusion in
Country Group A:5 (see supp. no. 1 to part 740) as well as in
supplement no. 3 to part 746 (countries that have implemented export
controls on Russia and Belarus that are substantially similar to U.S.
export controls)--these seven countries' status as close United States
allies and partners. Moreover, these seven countries share the United
States' commitment to the observance of human rights worldwide. All
seven countries have strong records regarding the safeguarding of civil
liberties and individual freedoms and upholding other democratic norms.
    In 2021, BIS approved approximately 200 licenses and did not deny
any licenses for CC items destined to these seven countries. BIS
anticipates that the removal of CC controls on these seven countries
will enable the agency to reallocate its licensing application review
and processing resources on higher-risk destinations that present human
rights concerns.

Regulatory Change

    This rule revises the Commerce Country Chart by removing the X for
CC reason for control from CC:1 and CC:3 for Austria, Finland, Ireland,
Liechtenstein, South Korea, Sweden, and Switzerland. Doing so
eliminates the license requirements for items controlled under CC:1 and
CC:3. This rule makes no further revisions to the Commerce Country
Chart or conforming changes elsewhere in the EAR.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA), 50 U.S.C. 4801-
4852. ECRA provides the legal basis for BIS's principal authorities and
serves as the authority under which BIS issues this rule.

Rulemaking Requirements

    1. BIS has examined the impact of this rule as required by
Executive Orders 12866, 13563, and 14094, which 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, distributive impacts, and equity).
This rule is considered a ``significant regulatory action'' under
section 3(f) of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
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 commodity
classifications, and carries a burden estimate of 29.4 minutes for a
manual or electronic submission for a total burden estimate of 35,739
hours. Total burden hours associated with the PRA and OMB control
number 0694-0088 are expected to decrease as a result of this rule.
This rule is expected to decrease the licensing burden by approximately
1,200 licenses per year; this will result in an overall reduction in
burden house by almost 588 hours per year, for a new total burden
estimate of 35,151 hours.
    3. This rule does not contain policies with federalism implications
as that term is defined in Executive Order 13132.
    4. Pursuant to section 1762 of the Export Control Reform Act of
2018, this action is exempt from the Administrative Procedure Act (5
U.S.C. 553) requirements for notice of proposed rulemaking, opportunity
for public participation, and delay in effective date.
    5. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required and none
has been prepared.

List of Subjects

15 CFR Part 738

    Exports.

15 CFR Part 740

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

15 CFR Part 742

    Exports and Terrorism.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, parts 738, 740, 742, and 774 of the Export
Administration Regulations (15 CFR parts 730-774) is amended as
follows:

PART 738--COMMERCE CONTROL LIST OVERVIEW AND THE COUNTRY CHART

0
1. The authority citation for 15 CFR part 738 continues to read as
follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C.
287c; 22 U.S.C. 2151 note; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004;
42 U.S.C. 2139a; 15 U.S.C. 1824; 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.

0
2. In supplement no. 1 to part 738, the table is amended by revising
the entries for Austria, Finland, Ireland, Korea, South, Liechtenstein,
Sweden, and Switzerland. The revisions read as follows:

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

* * * * *
BILLING CODE 3510-33-P

[GRAPHIC] [TIFF OMITTED] TR08DE23.000

BILLING CODE 3510-33-C
* * * * *
    \3\ See Sec.  742.6(a)(3) for special provisions that apply to
``military commodities'' that are subject to ECCN 0A919.
    \4\ See Sec.  742.6(a)(2) and (4)(ii) regarding special
provisions for exports and reexports of certain thermal imaging
cameras to these countries.
    \5\ Refer to Switzerland for licensing requirements for
Liechtenstein under the EAR.
* * * * *

PART 740--LICENSE EXCEPTIONS

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

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 7201 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.

0
4. Amend Sec.  740.20 by removing and reserving paragraph (b)(2)(vi).

PART 742--CONTROL POLICY--CCL BASED CONTROLS

0
5. The authority citation for part 742 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 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 November 8, 2022, 87 FR 68015 (November 10, 2022).

0
6. Amend Sec.  742.2 by revising paragraph (a) to read as follows:

Sec.  742.2  Proliferation of chemical and biological weapons.

    (a) License requirements. The following controls are maintained in
support of the U.S. foreign policy of opposing the proliferation and
illegal use of chemical and biological weapons. (See also Sec.  742.18
of this part for license requirements pursuant to the Chemical Weapons
Convention).
    (1) If CB Column 1 of the Country Chart (supplement no. 1 to part
738 of the EAR) is indicated in the appropriate ECCN, a license is
required to all destinations, including Canada, for the following:
    (i) Toxins identified in ECCNs 1C351.d.14 and .15;
    (ii) Genetic elements (ECCN 1C353) of the toxins described in
paragraph (a)(1)(i) of this section; and
    (iii) Technology (ECCNs 1E001 and 1E351) for the production and/or
disposal of toxins described in paragraph (a)(1)(i) of this section.
    (2) If CB Column 2 of the Country Chart (supplement no. 1 to part
738 of the EAR) is indicated in the appropriate ECCN, a license is
required to all destinations except countries in Country Group A:3 (see
supplement no. 1 to part 740 of the EAR) (Australia Group members) for
the following:
    (i) Chemicals identified in ECCN 1C350 (precursor and intermediate
chemicals used in the production of chemical warfare agents).
    (A) This license requirement includes chemical mixtures identified
in ECCN 1C350.b, .c, or .d, except as specified in License Requirements
Note 2 to that ECCN.
    (B) This licensing requirement does not include chemical compounds
created with any chemicals identified in ECCN 1C350, unless those
compounds are also identified in ECCN 1C350.
    (C) This licensing requirement does not apply to any of the
following medical, analytical, diagnostic, and food testing kits that
consist of pre-packaged materials of defined composition that are
specifically developed, packaged, and marketed for diagnostic,
analytical, or public health purposes:
    (1) Test kits containing no more than 300 grams of any chemical
controlled by ECCN 1C350.b or .c (CB-controlled chemicals also
identified as Schedule 2 or 3 chemicals under the CWC) that are
destined for export or reexport to CWC States Parties (destinations
listed in supplement no. 2 to part 745 of the EAR). Such test kits are
controlled by ECCN 1C395 for CB and CW reasons, to States not Party to
the CWC (destinations not listed in supplement no. 2 to part 745 of the
EAR), and for AT reasons.
    (2) Test kits that contain no more than 300 grams of any chemical
controlled by ECCN 1C350.d (CB-controlled chemicals not also identified
as Schedule 1, 2, or 3 chemicals under the CWC). Such test kits are
controlled by ECCN 1C995 for AT reasons.
    (ii) Human pathogens, zoonoses, toxins, animal pathogens,
genetically modified microorganisms and plant pathogens identified in
ECCNs 1C351 (except .d.14 and .15), 1C353 (except genetic elements of
toxins in ECCN 1C351.d.14 and .15), and 1C354; and
    (iii) Software (ECCN 1D390) for process control that is
specifically configured to control or initiate production of the
chemical precursors controlled by ECCN 1C350.
    (iv) Technology (ECCN 1E001) for the development or production of
chemical detection systems and dedicated detectors therefore,
controlled by ECCN 1A004.c, that also have the technical
characteristics described in ECCN 2B351.a.
    (v) Technology (ECCNs 1E001 and 1E350) involving the following for
facilities designed or intended to produce chemicals described in
1C350:
    (A) Overall plant design;
    (B) Design, specification, or procurement of equipment;
    (C) Supervision of construction, installation, or operation of
complete plant or components thereof;
    (D) Training of personnel; or
    (E) Consultation on specific problems involving such facilities.
    (vi) Technology (ECCNs 1E001 and 1E351) for:
    (A) Production and/or disposal of chemical precursors described in
ECCN 1C350; and
    (B) Production and/or disposal of microbiological commodities
described in paragraph (a)(2)(ii) of this section (except toxins and
genetic elements of those toxins in ECCN 1C351.d.14 and .15).
    (vii) Equipment and materials identified in ECCN 2B350 or 2B351 on
the CCL, chemical detection systems controlled by 1A004.c for detecting
chemical warfare agents and having the characteristics of toxic gas
monitoring systems described in 2B351.a, and valves controlled by ECCN
2A226 having the characteristics of those described in 2B350.g, which
can be used in the production of chemical weapons precursors or
chemical warfare agents.
    (viii) Equipment and materials identified in ECCN 2B352, which can
be used in the production of biological agents.
    (ix) Software identified in ECCN 2D351 or 2D352, as follows:
    (A) Dedicated software identified in ECCN 2D351 for the ``use'' of
toxic gas monitoring systems and their dedicated detecting components
controlled by ECCN 2B351;
    (B) Software designed for nucleic acid assemblers and synthesizers
controlled by 2B352.j that is capable of designing and building
functional genetic elements from digital sequence data.
    (x) Technology identified in ECCN 2E001 for the ``development'' of
software controlled by ECCN 2D351 or 2D352.
    (xi) Technology identified in ECCN 2E001, 2E002, or 2E301 for:
    (A) The development, production, or use of items controlled by ECCN
2B350, 2B351, or 2B352; or
    (B) The development or production of valves controlled by ECCN
2A226 having the characteristics of those described in ECCN 2B350.g.
    (xii) Technology identified in ECCN 2E201 or 2E290 for the use of
valves controlled by ECCN 2A226 having the characteristics of those
described in 2B350.g.
    (3) If CB Column 3 of the Country Chart (supplement no. 1 to part
738 of the EAR) is indicated in the appropriate ECCN, a license is
required to Country Group D:3 (see supplement no. 1 to part 740 of the
EAR) for medical products identified in ECCN 1C991.c.
    (4) A license is required, to States not Party to the CWC
(destinations not listed in supplement no. 2 to part 745 of the EAR),
for mixtures controlled by 1C395.a and test kits controlled by 1C395.b.
* * * * *

PART 774--THE COMMERCE CONTROL LIST

0
7. The authority citation for part 774 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C.
287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15
U.S.C. 1824; 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.

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

0
8. Category 1 is amended by revising ECCNs 1C351, 1C353, 1C354, 1E001,
and 1E351 to read as follows:

Category 1--Materials, Chemicals, Microorganisms and Toxins

C. ``Materials''

* * * * *
1C351 Human and animal pathogens and ``toxins,'' as follows (see
List of Items Controlled).

License Requirements

Reason for Control: CB, CW, AT

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

CB applies to items controlled by           CB Column 1
 1C351.d.14 and .15.
CB applies to entire entry................  CB Column 2

    CW applies to 1C351.d.14 and .d.15 and a license is required for
CW reasons for all destinations, including Canada, as follows: CW
applies to 1C351.d.14 for ricin in the form of (1) Ricinus communis
AgglutininII (RCAII), also known as ricin D or Ricinus
Communis LectinIII (RCLIII) and (2) Ricinus communis
LectinIV (RCLIV), also known as ricin E. CW applies to
1C351.d.15 for saxitoxin identified by C.A.S. #35523-89-8. See Sec.
742.18 of the EAR for licensing information pertaining to chemicals
subject to restriction pursuant to the Chemical Weapons Convention
(CWC). The Commerce Country Chart is not designed to determine
licensing requirements for items controlled for CW reasons.

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

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

    License Requirement Notes: 1. All vaccines and `immunotoxins'
are excluded from the scope of this entry. Certain medical products
and diagnostic and food testing kits that contain biological toxins
controlled under 1C351.d, with the exception of toxins controlled
for CW reasons under 1C351.d.14 or .d.15, are excluded from the
scope of this entry. Vaccines, `immunotoxins,' certain medical
products, and diagnostic and food testing kits excluded from the
scope of this entry are controlled under ECCN 1C991.
    2. For the purposes of this entry, only saxitoxin is controlled
under 1C351.d.15; other members of the paralytic shellfish poison
family (e.g., neosaxitoxin) are designated EAR99.
    3. Clostridium perfringens strains, other than the epsilon
toxin-producing strains of Clostridium perfringens described in
1C351.c.12, are excluded from the scope of this entry, since they
may be used as positive control cultures for food testing and
quality control.
    4. Unless specified elsewhere in this ECCN 1C351 (e.g., in
License Requirement Notes 1-3), this ECCN controls all biological
agents and ``toxins,'' regardless of quantity or attenuation, that
are identified in the List of Items Controlled for this ECCN,
including small quantities or attenuated strains of select
biological agents or ``toxins'' that are excluded from the lists of
select biological agents or ``toxins'' by the Animal and Plant
Health Inspection Service (APHIS), U.S. Department of Agriculture
(USDA), or the Centers for Disease Control and Prevention (CDC),
U.S. Department of Health and Human Services (HHS), in accordance
with their regulations in 9 CFR part 121 and 42 CFR part 73,
respectively.
    5. Biological agents and pathogens are controlled under this
ECCN 1C351 when they are an isolated live culture of a pathogen
agent, or a preparation of a toxin agent that has been isolated or
extracted from any source or material, including living material
that has been deliberately inoculated or contaminated with the
agent. Isolated live cultures of a pathogen agent include live
cultures in dormant form or in dried preparations, whether the agent
is natural, enhanced or modified.

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: (1) Certain forms of ricin and saxitoxin in
1C351.d.14 and .d.15 are CWC Schedule 1 chemicals (see Sec.  742.18
of the EAR). The U.S. Government must provide advance notification
and annual reports to the OPCW of all exports of Schedule 1
chemicals. See Sec.  745.1 of the EAR for notification procedures.
See 22 CFR part 121, Category XIV and Sec.  121.7 for CWC Schedule 1
chemicals that are ``subject to the ITAR.'' (2) The Animal and Plant
Health Inspection Service (APHIS), U.S. Department of Agriculture,
and the Centers for Disease Control and Prevention (CDC), U.S.
Department of Health and Human Services, maintain controls on the
possession, use, and transfer within the United States of certain
items controlled by this ECCN (for APHIS, see 7 CFR 331.3(b), 9 CFR
121.3(b), and 9 CFR 121.4(b); for CDC, see 42 CFR 73.3(b) and 42 CFR
73.4(b)). (3) See 22 CFR part 121, Category XIV(b), for modified
biological agents and biologically derived substances that are
``subject to the ITAR.''
Related Definitions: For the purposes of this entry, `immunotoxins'
are monoclonal antibodies linked to a toxin with the intention of
destroying a specific target cell while leaving adjacent cells
intact.
Items:

    a. Viruses identified on the Australia Group (AG) ``List of
Human and Animal Pathogens and Toxins for Export Control,'' as
follows:
    a.1. African horse sickness virus;
    a.2. African swine fever virus;
    a.3. Andes virus;
    a.4. Avian influenza (AI) viruses identified as having high
pathogenicity (HP), as follows:
    a.4.a. AI viruses that have an intravenous pathogenicity index
(IVPI) in 6-week-old chickens greater than 1.2; or
    a.4.b. AI viruses that cause at least 75% mortality in 4- to 8-
week-old chickens infected intravenously.
    Note: Avian influenza (AI) viruses of the H5 or H7 subtype that
do not have either of the characteristics described in 1C351.a.4
(specifically, 1C351.a.4.a or .a.4.b) should be sequenced to
determine whether multiple basic amino acids are present at the
cleavage site of the haemagglutinin molecule (HA0). If the amino
acid motif is similar to that observed for other HPAI isolates, then
the isolate being tested should be considered as HPAI and the virus
is controlled under 1C351.a.4.
    a.5. Bluetongue virus;
    a.6. Chapare virus;
    a.7. Chikungunya virus;
    a.8. Choclo virus;
    a.9. Classical swine fever virus (Hog cholera virus);
    a.10. Crimean-Congo hemorrhagic fever virus;
    a.11. Dobrava-Belgrade virus;
    a.12. Eastern equine encephalitis virus;
    a.13. Ebolavirus (includes all members of the Ebolavirus genus);
    a.14. Foot-and-mouth disease virus;
    a.15. Goatpox virus;
    a.16. Guanarito virus;
    a.17. Hantaan virus;
    a.18. Hendra virus (Equine morbillivirus);
    a.19. Japanese encephalitis virus;
    a.20. Junin virus;
    a.21. Kyasanur Forest disease virus;
    a.22. Laguna Negra virus;
    a.23. Lassa virus;
    a.24. Louping ill virus;
    a.25. Lujo virus;
    a.26. Lumpy skin disease virus;
    a.27. Lymphocytic choriomeningitis virus;
    a.28. Machupo virus;
    a.29. Marburgvirus (includes all members of the Marburgvirus
genus);
    a.30. Middle East respiratory syndrome-related coronavirus
(MERS-related coronavirus);
    a.31. Monkeypox virus;
    a.32. Murray Valley encephalitis virus;
    a.33. Newcastle disease virus;
    a.34. Nipah virus;
    a.35. Omsk hemorrhagic fever virus;
    a.36. Oropouche virus;
    a.37. Peste-des-petits ruminants virus;
    a.38. Porcine Teschovirus;
    a.39. Powassan virus;
    a.40. Rabies virus and all other members of the Lyssavirus
genus;
    a.41. Reconstructed 1918 influenza virus;
    Technical Note:1C351.a.41 includes reconstructed replication
competent forms of the 1918 pandemic influenza virus containing any
portion of the coding regions of all eight gene segments.
    a.42. Rift Valley fever virus;
    a.43. Rinderpest virus;
    a.44. Rocio virus;
    a.45. Sabia virus;
    a.46. Seoul virus;
    a.47. Severe acute respiratory syndrome-related coronavirus
(SARS-related coronavirus);
    a.48. Sheeppox virus;

    a.49. Sin Nombre virus;
    a.50. St. Louis encephalitis virus;
    a.51. Suid herpesvirus 1 (Pseudorabies virus; Aujeszky's
disease);
    a.52. Swine vesicular disease virus;
    a.53. Tick-borne encephalitis virus (Far Eastern subtype,
formerly known as Russian Spring-Summer encephalitis virus--see
1C351.b.3 for Siberian subtype);
    a.54. Variola virus;
    a.55. Venezuelan equine encephalitis virus;
    a.56. Vesicular stomatitis virus;
    a.57. Western equine encephalitis virus; or
    a.58. Yellow fever virus.
    b. Viruses identified on the APHIS/CDC ``select agents'' lists
(see Related Controls paragraph #2 for this ECCN), but not
identified on the Australia Group (AG) ``List of Human and Animal
Pathogens and Toxins for Export Control,'' as follows:
    b.1. [Reserved];
    b.2. [Reserved]; or
    b.3. Tick-borne encephalitis virus (Siberian subtype, formerly
West Siberian virus--see 1C351.a.53 for Far Eastern subtype).
    c. Bacteria identified on the Australia Group (AG) ``List of
Human and Animal Pathogens and Toxins for Export Control,'' as
follows:
    c.1. Bacillus anthracis;
    c.2. Brucella abortus;
    c.3. Brucella melitensis;
    c.4. Brucella suis;
    c.5. Burkholderia mallei (Pseudomonas mallei);
    c.6. Burkholderia pseudomallei (Pseudomonas pseudomallei);
    c.7. Chlamydia psittaci (Chlamydophila psittaci);
    c.8. Clostriduim argentinense (formerly known as Clostridium
botulinum Type G), botulinum neurotoxin producing strains;
    c.9. Clostridium baratii, botulinum neurotoxin producing
strains;
    c.10. Clostridium botulinum;
    c.11. Clostridium butyricum, botulinum neurotoxin producing
strains;
    c.12. Clostridium perfringens, epsilon toxin producing types;
    c.13. Coxiella burnetii;
    c.14. Francisella tularensis;
    c.15. Mycoplasma capricolum subspecies capripneumoniae (``strain
F38'');
    c.16. Mycoplasma mycoides subspecies mycoides SC (small colony)
(a.k.a. contagious bovine pleuropneumonia);
    c.17. Rickettsia prowazekii;
    c.18. Salmonella enterica subspecies enterica serovar Typhi
(Salmonella typhi);
    c.19. Shiga toxin producing Escherichia coli (STEC) of
serogroups O26, O45, O103, O104, O111, O121, O145, O157, and other
shiga toxin producing serogroups;
    Note: Shiga toxin producing Escherichia coli (STEC) includes,
inter alia, enterohaemorrhagic E. coli (EHEC), verotoxin producing
E. coli (VTEC) or verocytotoxin producing E. coli (VTEC).
    c.20. Shigella dysenteriae;
    c.21. Vibrio cholerae; or
    c.22. Yersinia pestis.
    d. ``Toxins'' identified on the Australia Group (AG) ``List of
Human and Animal Pathogens and Toxins for Export Control,'' as
follows, or their subunits:
    d.1. Abrin;
    d.2. Aflatoxins;
    d.3. Botulinum toxins;
    d.4. Brevetoxins;
    d.5. Clostridium perfringens alpha, beta 1, beta 2, epsilon and
iota toxins;
    d.6. Conotoxins;
    d.7. Diacetoxyscirpenol;
    d.8. Gonyautoxins;
    d.9. HT-2 toxin;
    d.10. Microcystins (Cyanginosins);
    d.11. Modeccin;
    d.12. Nodularins;
    d.13. Palytoxin;
    d.14. Ricin;
    d.15. Saxitoxin;
    d.16. Shiga toxins (shiga-like toxins, verotoxins, and
verocytotoxins);
    d.17. Staphylococcus aureus enterotoxins, hemolysin alpha toxin,
and toxic shock syndrome toxin (formerly known as Staphylococcus
enterotoxin F);
    d.18. T-2 toxin;
    d.19. Tetrodotoxin;
    d.20. Viscumin (Viscum album lectin 1); or
    d.21. Volkensin.
    e. ``Fungi'', as follows:
    e.1. Coccidioides immitis; or
    e.2. Coccidioides posadasii.
* * * * *
1C353 Genetic elements and genetically modified organisms, as
follows (see List of Items Controlled).

License Requirements

Reason for Control: CB, AT

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

CB applies to genetic elements of items     CB Column 1
 controlled by 1C351.d.14 and .15.
CB applies to entire entry................  CB Column 2
AT applies to entire entry................  AT Column 1

    License Requirements Notes:
    1. Vaccines that contain genetic elements or genetically
modified organisms identified in this ECCN are controlled by ECCN
1C991.
    2. Unless specified elsewhere in this ECCN 1C353 (e.g., in
License Requirement Note 1), this ECCN controls genetic elements or
genetically modified organisms for all biological agents and
``toxins,'' regardless of quantity or attenuation, that are
identified in the List of Items Controlled for this ECCN, including
genetic elements or genetically modified organisms for attenuated
strains of select biological agents or ``toxins'' that are excluded
from the lists of select biological agents or ``toxins'' by the
Animal and Plant Health Inspection Service (APHIS), U.S. Department
of Agriculture, or the Centers for Disease Control and Prevention
(CDC), U.S. Department of Health and Human Services, in accordance
with the APHIS regulations in 7 CFR part 331 and 9 CFR part 121 and
the CDC regulations in 42 CFR part 73.

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: (1) The Animal and Plant Health Inspection Service
(APHIS), U.S. Department of Agriculture, and the Centers for Disease
Control and Prevention (CDC), U.S. Department of Health and Human
Services, maintain controls on the possession, use, and transfer
within the United States of certain items controlled by this ECCN,
including (but not limited to) certain genetic elements, recombinant
nucleic acids, and recombinant organisms associated with the agents
or toxins in ECCN 1C351 or 1C354 (for APHIS, see 7 CFR 331.3(c), 9
CFR 121.3(c), and 9 CFR 121.4(c); for CDC, see 42 CFR 73.3(c) and 42
CFR 73.4(c)). (2) See 22 CFR part 121, Category XIV(b), for modified
biological agents and biologically derived substances that are
subject to the export licensing jurisdiction of the U.S. Department
of State, Directorate of Defense Trade Controls.
Related Definition: N/A
Items:

    a. Any genetically modified organism that contains, or any
genetic element that codes for, any of the following:
    a.1. Any gene, genes, translated product or translated products
specific to any virus controlled by 1C351.a or .b or 1C354.c;
    a.2. Any gene or genes specific to any bacterium controlled by
1C351.c or 1C354.a, or any fungus controlled by 1C351.e or 1C354.b,
and which;
    a.2.a. In itself or through its transcribed or translated
products represents a significant hazard to human, animal or plant
health; or
    a.2.b. Could endow or enhance pathogenicity; or
    a.3. Any toxins, or their subunits, controlled by 1C351.d.
    b. [Reserved].
    Technical Notes:
    1. Genetically modified organisms include organisms in which the
nucleic acid sequences have been created or altered by deliberate
molecular manipulation.
    2. ``Genetic elements'' include, inter alia, chromosomes,
genomes, plasmids, transposons, vectors, and inactivated organisms
containing recoverable nucleic acid fragments, whether genetically
modified or unmodified, or chemically synthesized in whole or in
part. For the purposes of this ECCN 1C353, nucleic acids from an
inactivated organism, virus, or sample are considered to be
`recoverable' if the inactivation and preparation of the material is
intended or known to facilitate isolation, purification,
amplification, detection, or identification of nucleic acids.
    3. This ECCN does not control nucleic acid sequences of shiga
toxin producing Escherichia coli of serogroups O26, O45, O103, O104,
O111, O121, O145, O157, and other shiga toxin producing serogroups,
other than those genetic elements coding for shiga toxin, or for its
subunits.
    4. `Endow or enhance pathogenicity' is defined as when the
insertion or integration of the nucleic acid sequence or sequences
is/are likely to enable or increase a recipient organism's ability
to be used to deliberately

cause disease or death. This might include alterations to, inter
alia: virulence, transmissibility, stability, route of infection,
host range, reproducibility, ability to evade or suppress host
immunity, resistance to medical countermeasures, or detectability.
* * * * *
1C354 Plant pathogens, as follows (see List of Items Controlled).

License Requirements

Reason for Control: CB, AT

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

CB applies to entire entry................  CB Column 2
AT applies to entire entry................  AT Column 1

    License Requirements Notes:
    1. All vaccines are excluded from the scope of this ECCN. See
ECCN 1C991 for vaccines.
    2. Unless specified elsewhere in this ECCN 1C354 (e.g., in
License Requirement Note 1), this ECCN controls all biological
agents, regardless of quantity or attenuation, that are identified
in the List of Items Controlled for this ECCN, including small
quantities or attenuated strains of select biological agents that
are excluded from the list of PPQ select agents and ``toxins'' by
the Animal and Plant Health Inspection Service (APHIS), U.S.
Department of Agriculture, in accordance with their regulations in 7
CFR part 331.

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: (1) The Animal and Plant Health Inspection Service
(APHIS), U.S. Department of Agriculture, maintains controls on the
possession, use, and transfer within the United States of certain
items controlled by this ECCN (see 7 CFR 331.3(c), 9 CFR 121.3(c),
and 9 CFR 121.4(c)). (2) See 22 CFR part 121, Category XIV(b), for
modified biological agents and biologically derived substances that
are subject to the export licensing jurisdiction of the U.S.
Department of State, Directorate of Defense Trade Controls.
Related Definitions: N/A
Items:

    a. Bacteria, as follows:
    a.1. Xanthomonas albilineans;
    a.2. Xanthomonas citri pv. citri (Xanthomonas axonopodis pv.
citri, Xanthomonas campestris pv. citri);
    a.3. Xanthomonas oryzae [this species of proteobacteria is
identified on the APHIS ``select agents'' list (see Related Controls
paragraph for this ECCN), but only the pathovar Xanthomonas oryzae
pv. oryzae (syn. Pseudomonas campestris pv. oryzae) is identified on
the Australia Group (AG) ``List of Plant Pathogens for Export
Control''];
    a.4. Clavibacter michiganensis subsp. sepedonicus (Clavibacter
sepedonicus, Clavibacter michiganense subsp. sepedonicus,
Corynebacterium michiganensis subsp. sepedonicum, Corynebacterium
sepedonicum);
    a.5. Ralstonia solanacearum, race 3, biovar 2;
    a.6. Raythayibactor toxicus [this bacterium is identified on the
APHIS ``select agents'' list (see the Related Controls paragraph for
this ECCN), but is not identified on the Australia Group (AG) ``List
of Plant Pathogens for Export Control''].
    b. Fungi, as follows:
    b.1. Bipolaris oryzae (Cochliobolus miyabeanus, Helminthosporium
oryzae);
    b.2. Colletotrichum kahawae (Colletotrichum coffeanum var.
virulans);
    b.3. Pseudocercospora ulei (Microcyclus ulei, Dothidella ulei);
    b.4. Puccinnia graminis ssp. graminis var. graminis/Puccinia
graminis ssp. graminis var. stakmanii (Puccinia graminis [syn.
Puccinia graminis f. sp. tritici]);
    b.5. Puccinia striiformis (syn. Puccinia glumarum);
    b.6. Magnaporthe oryzae (Pyricularia oryzae);
    b.7. Peronosclerospora philippinensis (Peronosclerospora
sacchari);
    b.8. Sclerophthora rayssiae var. zeae;
    b.9. Synchytrium endobioticum;
    b.10. Tilletia indica;
    b.11. Thecaphora solani;
    b.12. Phoma glycinicola (formerly Pyrenochaeta glycines) [this
fungus is identified on the APHIS ``select agents'' list (see the
Related Controls paragraph for this ECCN), but is not identified on
the Australia Group (AG) ``List of Plant Pathogens for Export
Control''].
    c. Viruses, as follows:
    c.1. Andean potato latent virus (Potato Andean latent
tymovirus);
    c.2. Potato spindle tuber viroid.
* * * * *

E. ``Technology''

* * * * *
1E001 ``Technology'' according to the General Technology Note for
the ``development'' or ``production'' of items controlled by 1A002,
1A003, 1A004, 1A005, 1A006.b, 1A007, 1A008 1A101, 1A231, 1B (except
1B608, 1B613 or 1B999), or 1C (except 1C355, 1C608, 1C980 to 1C984,
1C988, 1C990, 1C991, 1C995 to 1C999).

License Requirements

Reason for Control: NS, MT, NP, CB, RS, AT

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

NS applies to ``technology'' for items      NS Column 1
 controlled by 1A002, 1A003, 1A005,
 1A006.b, 1A007, 1B001 to 1B003, 1B018,
 1C001 to 1C011, or 1C018.
NS applies to ``technology'' for items      NS Column 2
 controlled by 1A004.
MT applies to ``technology'' for items      MT Column 1
 controlled by 1A101, 1B001, 1B101, 1B102,
 1B115 to 1B119, 1C001, 1C007, 1C011,
 1C101, 1C102, 1C107, 1C111, 1C116, 1C117,
 or 1C118 for MT reasons.
NP applies to ``technology'' for items      NP Column 1
 controlled by 1A002, 1A007, 1A231, 1B001,
 1B101, 1B201, 1B225, 1B226, 1B228 to
 1B234, 1C002, 1C010, 1C111, 1C116, 1C202,
 1C210, 1C216, 1C225 to 1C237, or 1C239 to
 1C241 for NP reasons.
CB applies to ``technology'' for items      CB Column 1
 controlled by 1C351.d.14 and .15 and the
 1C353 genetic elements of toxins in ECCN
 1C351.d.14 and .15.
CB applies to ``technology'' for items      CB Column 2
 controlled by 1C351, 1C353, or 1C354; and
 CB applies to ``technology'' for
 materials controlled by 1C350 and for
 chemical detection systems and dedicated
 detectors therefor, in 1A004.c, that also
 have the technical characteristics
 described in 2B351.a.
RS applies to technology for equipment      RS Column 2
 controlled in 1A004.d.
AT applies to entire entry................  AT Column 1

Reporting Requirements

    See Sec.  743.1 of the EAR for reporting requirements for
exports under License Exceptions, and Validated End-User
authorizations.

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

TSR: Yes, except for the following:

    (1) Items controlled for MT reasons; or
    (2) Exports and reexports to destinations outside of those
countries listed in Country

Group A:5 (See Supplement No. 1 to part 740 of the EAR) of
``technology'' for the ``development'' or production'' of the
following:
    (a) Items controlled by 1C001; or
    (b) Items controlled by 1A002.a which are composite structures
or laminates having an organic ``matrix'' and being made from
materials listed under 1C010.c or 1C010.d.

Special Conditions for STA

STA: License Exception STA may not be used to ship or transmit
``technology'' according to the General Technology Note for the
``development'' or ``production'' of equipment and materials
specified by ECCNs 1A002, 1C001, 1C007.c, 1C010.c or d or 1C012 to
any of the destinations listed in Country Group A:6 (See Supplement
No. 1 to part 740 of the EAR).

List of Items Controlled

Related Controls (1) Also see ECCNs 1E101, 1E201, and 1E202. (2) See
ECCN 1E608 for ``technology'' for items classified under ECCN 1B608
or 1C608 that, immediately prior to July 1, 2014, were classified
under ECCN 1B018.a or 1C018.b through .m (note that ECCN 1E001
controls ``development'' and ``production'' ``technology'' for
chlorine trifluoride controlled by ECCN 1C111.a.3.f--see ECCN 1E101
for controls on ``use'' ``technology'' for chlorine trifluoride).
(3) See ECCN 1E002.g for control libraries (parametric technical
databases) ``specially designed'' or modified to enable equipment to
perform the functions of equipment controlled under ECCN 1A004.c
(Nuclear, biological and chemical (NBC) detection systems) or ECCN
1A004.d (Equipment for detecting or identifying explosives
residues). (4) ``Technology'' for lithium isotope separation (see
related ECCN 1B233) and ``technology'' for items described in ECCN
1C012 are subject to the export licensing authority of the
Department of Energy (see 10 CFR part 810). (5) ``Technology'' for
items described in ECCN 1A102 is ``subject to the ITAR'' (see 22 CFR
parts 120 through 130).
Related Definitions: N/A
Items:

    The list of items controlled is contained in the ECCN heading.
* * * * *
1E351 ``Technology'' according to the ``General Technology Note''
for the disposal of chemicals or microbiological materials
controlled by 1C350, 1C351, 1C353, or 1C354.

License Requirements

Reason for Control: CB, AT

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

CB applies to ``technology'' for the        CB Column 1
 disposal of items controlled by
 1C351.d.14 and .15 and the 1C353 genetic
 elements of toxins in ECCN 1C351.d.14 and
 .15.
CB applies to ``technology'' for the        CB Column 2
 disposal of items controlled by 1C351,
 1C353, or 1C354; and CB applies to
 ``technology'' for the disposal of items
 controlled by 1C350.
AT applies to entire entry................  AT Column 1

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

TSR: N/A

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items:

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

Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2023-26532 Filed 12-7-23; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]
[Notices]
[Pages 31929-31931]
[FR Doc No: 2016-11889]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1889-085; Project No. 2485-071]

FirstLight Hydro Generating Company; Notice of Application
Tendered for Filing With the Commission and Establishing Procedural
Schedule for Licensing and Deadline for Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project Nos.: 1889-085 and 2485-071.

    c. Date Filed: April 29, 2016.
    d. Applicant: FirstLight Hydro Generating Company (FirstLight).
    e. Name of Project: In the final license application, FirstLight
proposes to combine the existing Turners Falls Hydroelectric Project
and Northfield Mountain Pumped Storage Project into a single project
that would be named the Northfield Project.
    f. Location: The existing projects are located on the Connecticut
River in Franklin County, Massachusetts; Windham County, Vermont; and
Cheshire County, New Hampshire. The project boundary includes
approximately 20 acres of federal land.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Gus Bakas, Director-Massachusetts Hydro,
FirstLight Hydro Generating Company, Northfield Mountain Station, 99
Millers Falls Road, Northfield, MA 01360; Telephone:<PHONE_NUMBER> or
<EMAIL_ADDRESS>    i. FERC Contact: Brandon Cherry,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. This application is not ready for environmental analysis at this
time.
    k. The Project Description: The Northfield Project would have a
total installed capacity of 1,234.452 megawatts (MW). The project's
average annual generation would be approximately 1,381,913 megawatt-
hours (MWh) and average annual energy consumption from pumping would be
approximately 1,437,464 MWh. The power generated by the project would
be transmitted to the region through the New England Independent System
Operator, a regional transmission organization that coordinates the
movement of wholesale electricity.

Turners Falls Development

    The proposed Turners Falls Development would consist of the
following existing facilities: (1) A 630-foot-long, 35-foot-high dam
(Montague dam) that includes: (i) Four 120-foot-wide, 13.25-foot-high
bascule gates; and (ii) a 170-foot-long fixed section with a crest
elevation of 185.5 feet National Geodetic Vertical Datum of 1929 (NGVD
29); (2) a 493-foot-long, 55-foot-high dam (Gill dam) that includes:
(i) Three 40-foot-wide, 39-foot-high tainter gates; and (ii) 97.3- and
207.5-foot-long fixed sections with crest elevations of 185.5 feet NGVD
29; (3) a 2,110-acre impoundment with a useable storage volume of
16,150 acre-feet between elevations 176.0 feet and 185.0 feet NGVD 29;
(4) a 214-foot-long, 33-foot-high gatehouse that includes six 9-foot-
wide, 10.66-foot-high gates and nine 9.5-foot-wide, 12.6-foot-high
gates; (5) a 2.1-mile-long, 120- to 920-foot-wide, 17- to 30-foot-deep
power canal; (6) a 700-foot-long, 100-foot-wide, 16- to 23-foot-deep
branch canal; (7) the Station No.1 generating facility that includes:
(i) Eight 15-foot-wide bays with trashracks with 2.625-inch clear-bar
spacing; (ii) four 100-foot-long, 13.1- to 14-foot-diameter penstocks;
(iii) a 134-foot-long, 64-foot-wide powerhouse that contains five
turbine-generator units with a total installed capacity of 5.636 MW;
(iv) four 21-foot-long, 6.5-foot-diameter draft tubes; (v) five 40- to
70-foot-long, 2.4-kilovolt (kV) generator leads that connect the
turbine-generator units to a generator bus; (vi) a 110-foot-long, 2.4-
kV generator lead that connects the generator bus to a substation; and
(vii) a 20-foot-long, 2.4-kV generator lead that connects the
substation to three transformers; (8) the Cabot Station generating
facility that includes: (i) An intake structure with 217-foot-wide, 31-
foot-high trashracks with 0.94-inch and 3.56-inch clear-bar spacing;
(ii) six 70-foot-long penstocks; (iii) a 235-foot-long, 79.5-foot-wide
powerhouse that contains six turbine-generator units with a total
installed capacity of 62.016 MW; (iv) six 41-foot-long, 12.5- to 14.5-
foot-diameter draft tubes; (v) six 80- to 250-foot-long, 13.8-kV
generator leads that connect the turbine-generator units to a generator
bus; (vi) a 60-foot-long, 13.8-kV generator lead that connects the
generator bus to the powerhouse roof; and (vii) a 200-foot-long, 13.8-
kV generator lead that connects to a transformer; (9) eight 13.6-foot-
wide, 16.7-foot-high power canal spillway gates that are adjacent to
Cabot Station; (10) a 16.2-foot-wide, 13.1-foot-high log sluice gate in
the Cabot Station forebay with an 8-foot-wide weir for downstream fish
passage; (11) a 200-foot-long, 7-foot-diameter drainage tunnel (Keith
Drainage Tunnel) and headgate; (12) a 955-foot-long, 5-foot-diameter
lower drainage tunnel; (13) an 850-foot-long, 16-foot-wide, 10-foot-
high fishway (Cabot fishway); (14) a 500-foot-long, 10-foot-wide, 10-
foot-high fishway (Spillway fishway); (15) a 225-foot-long, 16-foot-
wide, 17.5-foot-high fishway (Gatehouse fishway); and (16) appurtenant
facilities.

Northfield Mountain Pumped Storage Development

    The proposed Northfield Mountain Pumped Storage Development would
consist of the following existing facilities: (1) A 1-mile-long, 30-
foot-wide, 30- to 140-foot-high main dam that includes: (i) An intake
structure with two 7-foot-wide, 9-foot-high sluice gates and an 8-foot-
diameter outlet pipe; and (ii) a 589-foot-long, 2-foot-diameter low-
level outlet pipe; (2) a 425-foot-long, 25-foot-high dike (North dike);
(3) a 2,800-foot-long, 45-foot-high dike (Northwest dike); (4) a 1,700-
foot-long, 40-foot-long dike (West dike); (5) a 327-foot-long, 10- to
20-foot-high gravity dam; (6) an ungated 550-foot-long, 6-foot-high
spillway structure with a 20-foot-long notch at an elevation of 1,005.0
feet NGVD 29; (7) a 286-acre impoundment (upper reservoir) with a
useable storage volume of 12,318 acre-feet between elevations 938.0
feet and 1,000.5 feet NGVD 29; (8) a 2,110-acre impoundment (lower
reservoir or Turners Falls impoundment); (9) a 1,890-foot-long, 130-
foot-wide intake channel with a 63-foot-long, 9-foot-high submerged
check dam and two 6-foot-wide, 2.75-foot-high sluice gates and two 18-
foot-wide stoplogs; (10) a 200-foot-long, 55-foot-wide, 80-foot-high
pressure shaft; (11) an 853-foot-long, 31-foot-diameter penstock; (12)
two 22-foot-diameter, 100- to 150-foot-long penstocks; (13) four 340-
foot-long, 9.5- to 14-foot-diameter penstocks; (14) a 328-foot-long,
70-foot-wide powerhouse that contains four reversible pump turbine-
generator units with a total installed capacity of 1,166.8 MW; (15)
four 25-foot-long, 11-foot-diameter draft tubes that transition to a
20-foot-long, 17-foot-diameter draft tube; (16) a 5,136-foot-long, 33-
foot-wide, 31-foot-high horseshoe-shaped tailrace tunnel; (17) 35-foot-
long, 40-foot-high trapezoid-shaped stoplogs with 74.3- to 99.5-foot-
wide, 48-foot-high trashracks with 6-inch clear-bar spacing; (18) four
26-foot-long, 13.8-kV generator leads that connect the turbine-
generator units to four transformers; (19) two 3,000-foot-long, 345-kV
pipe-type cables from the transformers to the Northfield Switching
Station; (20) a 650-foot-long, 15-foot-deep fixed-position fish barrier
guide net; and (21) appurtenant facilities.
    The existing Turners Falls Hydroelectric Project operates in
peaking and run-of-river modes depending on inflows. The existing
license requires maintaining the impoundment between elevations 176.0
feet and 185.0 feet NGVD 29, and releasing a continuous minimum flow of
1,433 cubic feet per second, or inflow (whichever is less), from the
project. FirstLight did not propose any changes to operation of this
facility in its application.
    The existing Northfield Mountain Pumped Storage Project generally
operates in pumping mode during low-load periods and generating mode
during high-load periods. In the summer and winter, the project
generally operates in a peaking mode in the

morning and late afternoon. In the spring and fall, the project may
operate in a peaking mode one or two times a day depending on
electricity demand. The existing license requires maintaining the upper
reservoir between elevations 938.0 feet and 1,000.5 feet NGVD 29 (i.e.,
a maximum reservoir drawdown of 62.5 feet).
    FirstLight proposes to increase the maximum water surface elevation
of the upper reservoir to 1,004.5 feet NGVD 29 and decrease the minimum
water surface elevation of the upper reservoir to 920.0 feet NGVD 29
(i.e., a maximum reservoir drawdown of 84.5 feet) year-round.
    l. Locations of the Application: A copy of the application is
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in item (h) above.
    m. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Procedural Schedule: In the final license application,
FirstLight states that it will file an amended final license
application after it completes all of the required studies in the
approved study plan. On May 5, 2016, Commission staff issued a revised
process plan and schedule that include milestones and dates for the
filing and review of FirstLight's outstanding study reports. After
FirstLight completes and files the outstanding study reports and
amended final license application, Commission staff will issue a
revised procedural schedule with target dates for the post-filing
milestones listed below.

------------------------------------------------------------------------
                  Milestone                           Target date
------------------------------------------------------------------------
Amended Final License Application...........  TBD
Notice of Acceptance/Notice of Ready for      TBD
 Environmental Analysis.
Filing of recommendations, preliminary terms  TBD
 and conditions, and fishway prescriptions.
Commission issues Draft Environmental Impact  TBD
 Statement (EIS).
Comments on Draft EIS.......................  TBD
Modified terms and conditions...............  TBD
Commission issues Final EIS.................  TBD
------------------------------------------------------------------------

    o. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: May 13, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-11889 Filed 5-19-16; 8:45 am]
 BILLING CODE 6717-01-P