[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Notices]
[Pages 15213-15214]
[FR Doc No: 2019-07421]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC19-20-000]

Commission Information Collection Activities (FERC Form Nos. 6
and 6-Q); Comment Request; Extension

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of information collections and request for comments.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995 (PRA), the Federal Energy Regulatory Commission (Commission
or FERC) is soliciting public comment on the currently approved
information collections, FERC Form Nos. 6 (Annual Report of Oil
Pipeline Companies) and 6-Q (Quarterly Report of Oil Pipeline
Companies).

DATES: Comments on the collections of information are due June 14,
2019.

ADDRESSES: You may submit comments (identified by Docket No. IC19-20-
000) by either of the following methods:
     eFiling at Commission's Website: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance, contact FERC Online Support
by email at [email protected], or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
[email protected], telephone at<PHONE_NUMBER>, and fax at (202)
273-0873.

SUPPLEMENTARY INFORMATION:
    Titles: FERC Form Nos. 6 (Annual Report of Oil Pipeline Companies)
and 6-Q (Quarterly Report of Oil Pipeline Companies).
    OMB Control Nos.: 1902-0022 (FERC Form No. 6) and 1902-0206 (FERC
Form No. 6-Q).
    Type of Respondent: Oil pipelines.
    Type of Request: Three-year extension of FERC Form Nos. 6 and 6-Q
information collections with no changes to the current reporting and
recordkeeping requirements.\1\
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    \1\ FERC Form Nos. 6 and 6-Q are part of the ``Forms Refresh''
effort, which is a separate activity and not addressed here. See
Revisions to the Filing Process for Commission Forms, 166 FERC ]
61,027 (2019) (started in Docket No. AD15-11 and ongoing in Docket
No. RM19-12). (OMB issued its decisions on the proposed changes in
the Forms Refresh Notice of Proposed Rulemaking in Docket No. RM19-
12 on March 14, 2019.) In addition, this submittal does not reflect
Docket No. RM15-19 (Petition for a Rulemaking of the Liquids
Shippers Group, et. al, (2015)) and Docket No. RM17-1 (Revisions to
Indexing Policies and Page 700 of FERC Form No. 6 (2016)).
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    Abstract: Under the Interstate Commerce Act (ICA),\2\ the
Commission is authorized and empowered to make investigations and to
collect and record data to the extent the Commission may consider to be
necessary or useful for the purpose of carrying out the provisions of
the ICA. The Commission must ensure just and reasonable rates for
transportation of crude oil and petroleum products by pipelines in
interstate commerce.
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    \2\ 49 U.S.C. Part 1, Section 20, 54 Stat. 916.
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FERC Form No. 6, Annual Report of Oil Pipeline Companies

    In 1977, the Department of Energy Organization Act transferred to
the Commission from the Interstate Commerce Commission (ICC) the
responsibility to regulate oil pipeline companies. In accordance with
the transfer of authority, the Commission was delegated the
responsibility to require oil pipelines to file annual reports of
information necessary for the Commission to exercise its statutory
responsibilities.\3\ The transfer included the ICC Form P, the
predecessor to FERC Form No. 6.\4\
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    \3\ Section 402(b) of the Department of Energy Organization Act
(DOE Act), 42 U.S.C. 7172 provides that; ``[t]here are hereby
transferred to, and vested in, the Commission all functions and
authority of the Interstate Commerce Commission or any officer or
component of such Commission where the regulatory function
establishes rates or charges for the transportation of oil by
pipeline or established the valuation of any such pipeline.''
    \4\ The ICC developed the Form P to collect information on an
annual basis to enable it to carry out its regulation of oil
pipeline companies under the Interstate Commerce Act. A
comprehensive review of the reporting requirements for oil pipeline
companies was performed on September 21, 1982, when the Commission
issued Order 260 revising the former ICC Form P, ``Annual Report of
Carriers by Pipeline'' and redesignating it as FERC Form No. 6,
``Annual Report of Oil Pipeline Companies''.
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    To reduce burden on industry, FERC Form No. 6 has three tiers of
reporting requirements:
    1. Each oil pipeline carrier whose annual jurisdictional operating
revenues has been $500,000 or more for each of the three previous
calendar years must file FERC Form No. 6 (18 CFR 357.2 (a)). Oil
pipeline companies subject to the provisions of section 20 of the ICA
must submit FERC Form No. 6-Q. 18 CFR 357.4(b)). Newly established
entities must use projected data to determine whether FERC Form No. 6
must be filed.
    2. Oil pipeline carriers exempt from filing FERC Form No. 6 whose
annual jurisdictional operating revenues have been more than $350,000
but less than $500,000 for each of the three previous calendar years
must prepare and file page 301, ``Operating Revenue Accounts (Account
600), and page 700, ``Annual cost of Service Based Analysis Schedule,''
of FERC Form No. 6. When submitting pages 301 and 700, each exempt oil
pipeline carrier must include page 1 of FERC Form No. 6, the
Identification and Attestation schedules (18 CFR 357.2 (a)(2)).
    3. Oil pipeline carriers exempt from filing FERC Form No. 6 and
pages 301 and whose annual jurisdictional operating revenues were
$350,000 or less for each of the three previous calendar years must
prepare and file page 700, ``Annual Cost of Service Based Analysis
Schedule,'' of FERC Form No. 6. When submitting page 700, each exempt
oil pipeline carrier must include page 1 of FERC Form No. 6, the
Identification and Attestation schedule (18 CFR 357.2 (a)(3)).
    The Commission uses the data in FERC Form Nos. 6 and 6-Q to perform
audits and reviews on the financial condition of oil pipelines; assess
energy markets; conduct oil pipeline rate proceedings and economic
analysis; conduct research for use in administrative litigation; and
administer the requirements of the ICA. Data from FERC Form No. 6
facilitates the calculation of the actual rate of return on equity for
oil pipelines. The actual rate of return on equity is particularly
useful information when evaluating a pipeline's rates.
    The Commission also uses data on Page 301 of FERC Form No. 6 to
compute annual charges which are then assessed against oil pipeline
companies to recover the Commission's annual costs as mandated by Order
No. 472. The annual charges are required by Section 3401 of the Omnibus
Budget Reconciliation Act of 1986.
    Furthermore, the majority of state regulatory commissions use FERC
Form Nos. 6 and 6-Q and the Commission's Uniform System of Accounts
(USofA) to satisfy their reporting requirements for those companies
under their jurisdiction. In addition, the public uses the data in FERC
Form Nos. 6 and 6-Q to assist in monitoring rates, the financial
condition of the oil pipeline

industry, and in assessing energy markets.

FERC Form No. 6-Q, Quarterly Financial Report of Oil Pipeline Companies

    The Commission uses the information collected in FERC Form No. 6-Q
to carry out its responsibilities in implementing the statutory
provisions of the ICA to include the authority to prescribe rules and
regulations concerning accounts, records, and memoranda, as necessary
or appropriate. Financial accounting and reporting provides necessary
information concerning a company's past performance and its future
prospects. Without reliable financial statements prepared in accordance
with the Commission's USofA and related regulations, it would be
difficult for the Commission to accurately determine the costs that
relate to a particular time period, service, or line of business.
    The Commission uses data from FERC Form No. 6-Q to assist in: (1)
Implementation of its financial audits and programs; (2) continuous
review of the financial condition of regulated companies; (3)
assessment of energy markets; (4) rate proceedings and economic
analyses; and (5) research for use in litigation.
    Financial information reported on the quarterly FERC Form No. 6-Q
provides the Commission, as well as customers, investors and others, an
important tool to help identify emerging trends and issues affecting
jurisdictional entities within the energy industry. It also provides
timely disclosures of the impacts that new accounting standards, or
changes in existing standards, have on jurisdictional entities, as well
as the economic effects of significant transactions, events, and
circumstances. The reporting of this information by jurisdictional
entities assists the Commission in its analysis of profitability,
efficiency, risk, and in its overall monitoring.

FERC Form Nos. 6 and 6-Q

Estimates of Annual Burden \5\ and Cost: \6\
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    \5\ ``Burden'' is the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. For further
explanation of what is included in the information collection
burden, refer to Title 5 Code of Federal Regulations 1320.3.
    \6\ The FERC 2018 average salary plus benefits for one FERC
full-time equivalent (FTE) is $164,820/year (or $79.00/hour).
Commission staff estimates that the industry's skill set (wages and
benefits) for completing and filing FERC Form Nos. 6 and 6-Q are
comparable to the Commission's skill set.

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                                                      Annual number of                                             Total annual burden
                                         Number of      responses per    Total number    Average burden hours &    hours & total annual      Cost per
                                        respondents      respondent      of responses    cost ($) per response           cost ($)         respondent ($)
                                                 (1)               (2)     (1) * (2) =  (4)....................  (3) * (4) = (5)........       (5) / (1)
                                                                                (3)
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FERC Form No. 6.....................             244                 1             244  161 hrs.; $12,719......  39,284 hrs.; $3,103,436         $12,719
FERC Form No. 6-Q...................             244                 3             732  150 hrs.; $11,850......  109,800 hrs.;                    35,550
                                                                                $8,674,200.
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    Comments: Comments are invited on: (1) Whether the collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information will have
practical utility; (2) the accuracy of the agency's estimates of the
burden and cost of the collections of information, including the
validity of the methodology and assumptions used; (3) ways to enhance
the quality, utility and clarity of the information collections; and
(4) ways to minimize the burden of the collections of information on
those who are to respond, including the use of automated collection
techniques or other forms of information technology.

    Dated: April 9, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-07421 Filed 4-12-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Proposed Rules]
[Pages 6791-6797]
[FR Doc No: 2016-02591]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 /
Proposed Rules

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 770 and 774

[Docket No. 151030999-5999-01]
RIN 0694-AG76

Clarifications and Revisions to Military Aircraft, Gas Turbine
Engines and Related Items License Requirements

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

ACTION: Proposed rule.

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SUMMARY: This proposed rule would modify the Commerce Control List
(CCL) entries for two types of items: Military aircraft and related
items, and military gas turbine engines and related items. The rule
would add clarifying text to the descriptions of the types of military
aircraft controlled on the CCL. The lists of items that are subject
only to the anti-terrorism reason for control would be clarified and
expanded. This proposed rule is based on a review of the military
aircraft and gas turbine engine related entries that were added to the
CCL on October 15, 2013. That review was intended to ensure that the
regulatory changes made by the October 15, 2013 rule are clear, do not
inadvertently control items in normal commercial use, account for
technological developments, and properly implement the national
security and foreign policy objectives of the export control reform
effort. This proposed rule is being published simultaneously with a
proposed rule by the Department of State, which is based on a review of
Categories VIII and XIX of the United States Munitions List (USML).
This document also furthers the retrospective regulatory review
directed by the President in Executive Order 13563.

DATES: Comments must be received by March 25, 2016.

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Search for this rule using its regulations.gov docket number: BIS-2016-
0009.
     By email directly to<EMAIL_ADDRESS>Include
RIN 0694-AG76 in the subject line.
     By mail or delivery to Regulatory Policy Division, Bureau
of Industry and Security, U.S. Department of Commerce, Room 2099B, 14th
Street and Pennsylvania Avenue NW., Washington, DC 20230. Refer to RIN
0694-AG76.

All comments (including any personally identifying information) will be
made available for public inspection and copying. Commerce's full plan
for retrospective regulatory review can be accessed at: http://open.commerce.gov/news/2011/08/23/commerce-plan-retrospective-analysis-existing-rules

FOR FURTHER INFORMATION CONTACT: Thomas DeFee or Jeffrey Leitz in the
Office of Strategic Industries and Economic Security, Munitions Control
Division by telephone at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Bureau of Industry and Security (BIS), Department of Commerce
maintains the Export Administration Regulations (EAR), including the
Commerce Control List (CCL). The Export Control Reform (ECR)
Initiative, a fundamental reform of the U.S. export control system
announced by the President in 2010, has resulted in transfer to the CCL
of items that the President has determined do not warrant control on
the United States Munitions List (USML), including certain military
aircraft, military gas turbine engines, and related items. The USML is
part of the International Traffic in Arms Regulations (ITAR) maintained
by the Department of State.
    All references to the USML in this rule are to the list of defense
articles that are controlled for the purpose of export or temporary
import pursuant to the ITAR, and not to the defense articles on the
USML that are controlled by the Bureau of Alcohol, Tobacco, Firearms
and Explosives (ATF) for the purpose of permanent import under its
regulations (see 27 CFR part 447). Pursuant to Sec.  38(a)(1) of the
Arms Export Control Act (AECA), all defense articles controlled for
export or import are part of the USML under the AECA. For the sake of
clarity, the list of defense articles controlled by ATF for the purpose
of permanent import is the United States Munitions Import List (USMIL).
The transfer of defense articles from the ITAR's USML to the EAR's CCL
for the purpose of export control does not affect the list of defense
articles controlled on the USMIL under the AECA for the purpose of
permanent import.
    A core element of the ECR Initiative has been the streamlining of
categories on the USML and the control on the CCL of items that the
President determines do not warrant USML control. On December 10, 2010,
the Department of State provided notice to the public of its intent,
pursuant to the ECR Initiative, to revise the USML to create a more
``positive list'' that describes controlled items using, to the extent
possible, objective criteria rather than broad, open-ended, subjective,
or design intent-based criteria (see 75 FR 76935). As a practical
matter, this meant revising USML categories so that, with some
exceptions, the descriptions of defense articles that continued to
warrant control under the USML did not use catch-all phrases, such as
``specially designed'' or ``specifically designed or modified,'' to
control unspecified items. With limited exceptions, the defense
articles that warranted control under the USML were those that provided
the United States with a critical military or intelligence advantage.
All other items were to become subject to the jurisdiction of the EAR.
Since that time, the Departments of State and Commerce have jointly
published final rules setting forth revisions for fifteen USML
categories, each of which has been reorganized into a uniform and more
``positive list'' structure, and corresponding revisions to the CCL.
    The advantage of revising the USML into a more positive list is
that its controls can be tailored to satisfy the national security and
foreign policy objectives of the ITAR by maintaining control over those
defense articles that provide a critical military or intelligence
advantage, or otherwise warrant control under the ITAR, without
inadvertently controlling items in normal commercial use. This
approach, however, requires that both the USML and the CCL be regularly
revised and updated to account for technological developments,
practical application issues identified

by exporters and reexporters, and changes in the military and
commercial applications of items affected by the USML and the 600
series ECCNs.
    As part of the ECR Initiative, certain military aircraft and gas
turbine engines along with related parts, components, accessories and
attachments, materials, software and technology were added to the CCL
on October 15, 2013 (see 78 FR 22660, April 16, 2013). At the same
time, the USML was amended by revising Category VIII (Aircraft and
Related Articles) and by creating Category XIX (Gas Turbine Engines and
Associated Equipment) to describe, for the most part, the defense
articles in those categories that remained on the USML in positive,
objective terms (see 78 FR 22740, April 16, 2013).
    In 2015, the Departments of Defense, State and Commerce reviewed
the implementation of these changes to ascertain the effectiveness and
utility of the 2013 amendments. That review included soliciting public
comments by the Department of Commerce (see 80 FR 11315, March 2, 2015)
and the Department of State (see 80 FR 11314, March 2, 2015).
    This notice also furthers the retrospective regulatory review
directed by the President in Executive Order 13563.

Changes Proposed in This Rule

Note Regarding Castings, Forgings and Other Unfinished Products

    A note stating that forgings, castings, and other unfinished
products, such as extrusions and machined bodies, that have reached a
stage in manufacturing where they are clearly identifiable by
mechanical properties, material composition, geometry, or function as
commodities controlled by the ECCN in which the note appears (or by
specified paragraphs in that ECCN) are controlled by that ECCN. BIS
intends that the policy set forth in these notes apply to all
commodities that are controlled in all 600 series Product Group A
ECCNs. Accordingly this rule would add the following text as a new
interpretation in Sec.  770.2:

    Forgings, castings, and other unfinished products, such as
extrusions and machined bodies, that have reached a stage in
manufacturing where they are clearly identifiable by mechanical
properties, material composition, geometry, or function as
commodities controlled by any Product Group A (``End Items,''
``Equipment,'' ``Accessories,'' ``Attachments,'' ``Parts,''
``Components'' and ``Systems'') ``600 series'' ECCN are controlled
in that ``600 series'' ECCN.

    As a conforming change, the individual notes would be removed from
ECCNs 0A604, 0A614, 3A611, 9A604 and 9A619. This change, which would
merely eliminate the potential for redundancies in the EAR, is not a
substantive change.

Changes to ECCN 9A610

    This proposed rule would remove text currently in the
``Control(s)'' table that excludes paragraphs .t, .u, .v and .w from
national security controls. Although the text of those paragraphs is
taken from the Missile Technology Control Regime Annex, the commodities
that they control are unmanned aerial vehicle parts, components or
associated equipment that also are subject to category ML10 on the
Munitions List of the Wassenaar Arrangement on Export Controls for
Conventional Arms and Dual-Use Goods and Technologies. The addition of
the national security controls would not increase the number of
destinations to which a license is required for the commodities
controlled by these paragraphs as those paragraphs already have missile
technology and regional stability controls.
    This proposed rule also would revise the text of the ``Controls''
table so that the national security and regional stability reasons for
control would not apply to L100 aircraft manufactured prior to 2013 or
to specially designed parts and components for L100 aircraft controlled
in paragraph .x. This change is to make the reasons for control that
apply to pre 2013 L100 aircraft and parts consistent with the reasons
for control that applied to them historically under ECCN 9A991.
    The ``Related Controls'' paragraph of ECCN 9A610 would be expanded
to refer to USML Category XIX and ECCN 9A619 for controls on military
aircraft engines and related items.
    The ``Items'' paragraph of ECCN 9A610 would be revised to clarify
that the aircraft listed in Note 1 to paragraph .a are examples of
aircraft types controlled in that paragraph whereas the substantive
criteria for control in paragraph .a is that the aircraft be
``specially designed'' for a military use and not enumerated in USML
Category VIII(a).
    A new paragraph .b would be added to control L100 aircraft
manufactured prior to 2013 to implement the limited applicability of
national security and regional stability controls to these aircraft as
described above.
    A new paragraph .e would be added to control mobile aircraft
arresting and engagement systems for aircraft controlled in either USML
Category VIII(a) or ECCN 9A610.a.
    Existing paragraph .f, which controls ground equipment specially
designed for military aircraft, would be revised to incorporate into
the paragraph text, the illustrative list currently in the technical
note.
    BIS is not proposing any changes to paragraphs .g through .s.
    Paragraphs .t, .u, .v and .w would continue to control certain
unmanned aerial vehicle parts, components and associated equipment. The
text of these paragraphs is drawn from the Missile Technology Regime
Annex and specifies range capability (paragraphs .t and .u) or range
and payload capability (paragraphs .v and .w). This proposed rule would
leave the control text of those paragraphs unchanged, but would add a
note to each paragraph to make clear that commodities that do not meet
the range or range and payload parameters specified are controlled in
the ``catch all'' paragraph .x, which applies to parts, components,
accessories and attachments specially designed for commodities in ECCN
9A610 or USML Category VIII that are not elsewhere specified. The
addition of these notes would not be a substantive change.
    This rule would make several changes to paragraph .y of ECCN 9A610.
Paragraph .y.2, which currently applies to cockpit analog gauges and
indicators, would apply to such gauges and indicators wherever they are
located on the aircraft. Paragraph .y.8 would apply to all types of
fluid filters and filter assemblies--not just hydraulic, oil and fuel
system filters and filter assemblies. Paragraph .y.10 would be expanded
to apply to fluid hoses, straight and unbent lines, fittings,
couplings, clamps and brackets. Paragraph .y.15 would be expanded to
cover mirrors whether located in the cockpit or cabin instead of just
the cockpit as is now the case. Paragraph .y.20 would be made more
precise to cover underwater locator beacons instead of underwater
beacons as the text reads now. There are many types of underwater
beacons. However, the underwater beacons installed on aircraft
generally are designed to facilitate locating the aircraft if it
crashes in the water. BIS's intent is to cover only the latter types of
beacons. The word ``cockpit'' would be removed from paragraph .y.23,
making filtered and unfiltered panel knobs, indicators, switches,
buttons, and dials controlled by paragraph .y.23 wherever on the
aircraft they are located.
    Paragraphs .y.31 and .y.32 would be added to cover identification
plates and fluid manifolds, respectively.

Changes to ECCN 9A619

    This rule would make three additions to the ``Related Controls''
paragraph.

The first would state explicitly the historical practice of controlling
501-D22 gas turbine engines in ECCN 9A991.d, which is the
classification that has been used for many years. The second would add
a reference to USML Category XIX(f) to alert readers that some aircraft
parts and components are enumerated in that paragraph. Finally, a note
would be added reminding readers that the commodities enumerated in
paragraph .y are subject to the controls in that paragraph rather than
the broader controls elsewhere in this ECCN.
    Paragraph .y.3 would be expanded to apply to fluid hoses, straight
and unbent lines, fittings, couplings, clamps and brackets, instead of
only fuel lines and hoses, as is now the case.
    Paragraph .y.4 would be expanded to cover fluid filters and filter
assemblies, instead of only fuel and oil filters, as is now the case.
    Paragraph .y.5 would be revised to remove ``V-band, cushion,
broomstick, hinged, and loop clamps'' from paragraph .y.5, because they
would be subsumed in the reference to ``clamps'' in paragraph .y.3, and
add check valves for hydraulic and pneumatic systems in its place. Such
valves for aircraft are covered in ECCN 9A610.y.4. Controlling them
under a .y paragraph when used in gas turbine engines adds consistency,
particularly with respect to check valves used in aircraft gas turbine
engines.
    The existing text of paragraph .y.8--air, fuel and oil manifolds--
would be changed to ``fluid manifolds.''

Changes to ECCN 9C610

    ECCN 9C610 would be revised by adding references to USML Category
VIII in both the heading and in paragraph .a, to make clear that
materials specially designed for commodities enumerated or otherwise
described in that category are controlled in ECCN 9C610.

Changes to ECCN 9C619

    ECCN 9C619 would be revised by adding references to USML Category
XIX in both the heading and in paragraph .a, to make clear that
materials specially designed for commodities enumerated or otherwise
described in that category are controlled in ECCN 9C619.

Change to ECCN 9E619

    The related controls paragraph in ECCN 9E619 would be amended by
removing the sentence that reads ``Technology described in ECCN 9E003
is controlled by that ECCN.'' Although true, the placement of the
sentence in a 600 series ECCN could mislead readers into thinking that
the order of review does not apply in this instance.

Export Administration Act

    Since August 21, 2001, the Export Administration Act of 1979, as
amended, has been in lapse. However, 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 EAR 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.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``significant regulatory
action,'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget (OMB).
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor is 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 OMB
control number. This proposed rule would affect one approved
collection: Simplified Network Application Processing + System (control
number 0694-0088), which includes, among other things, license
applications. This collection carries an annual burden hour estimate of
31,833 hours. BIS believes that this proposed rule, if enacted in final
form, will not materially affect the total number of burden hours. This
proposed rule would make certain aircraft and parts, components,
accessories and attachments that currently are subject to the ITAR
subject to the EAR. To the extent that this change results in an
increase in the number of export license applications submitted to BIS,
there is likely to be a corresponding reduction in the number of
license applications submitted to the Department of State, Directorate
of Defense Trade Controls. This proposed rule also would require a
license to only eight destinations for some aircraft and engine parts
and components that currently require a license to all destinations
other than Canada. To the extent that this affects the annual burden
hours associated with this collection, the effect is likely to be a
reduction in burden hours. Send comments regarding this burden estimate
or any other aspect of this collections of information, including
suggestions for reducing the burden, to Jasmeet K. Seehra, Office of
Management and Budget, by email at<EMAIL_ADDRESS>or by fax to
(202) 395-7285 and to William Arvin, BIS, at<EMAIL_ADDRESS>    3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
    4. The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C.
601 et seq., generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to the notice and comment
rulemaking requirements under the Administrative Procedure Act (5
U.S.C. 553) or any other statute, unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Under section 605(b) of the RFA, however, if
the head of an agency (or his or her designee) certifies that a rule
will not have a significant impact on a substantial number of small
entities, the statute does not require the agency to prepare a
regulatory flexibility analysis. Pursuant to section 605(b), the Chief
Counsel for Regulation, Department of Commerce submitted a memorandum
to the Chief Counsel for Advocacy, Small Business Administration
certifying that this proposed rule will not have a significant impact
on a substantial number of small entities. Consequently, BIS has not
prepared a regulatory flexibility analysis. A summary of the factual
basis for the certification is provided below.

Number of Small Entities

    The Bureau of Industry and Security (BIS) does not collect data on
the size of entities that apply for and are issued export licenses.
Although BIS is unable to estimate the exact number of small entities
that would be affected by this

rule, it acknowledges that this rule would affect some unknown number.

Economic Impact

    This proposed rule is part of a review of rules promulgated as part
of the Export Control Reform Initiative to assess whether rules for
transferring items from the United States are clear, workable and do
not inadvertently control on the USML or in 600 series ECCNs items in
normal commercial use. Consistent with the goals of that review, this
proposed rule would reduce the level of control on some items and
clarify the control status of other items. It does not impose any new
export or reexport license requirements.
    Several proposed changes would reduce the level of control on some
minor parts and components such as check valves, fluid manifolds,
identification plates, analog gauges and mirrors used on aircraft so
that they will require a license only to eight countries rather than
all destinations other than Canada as they do currently.
    Other proposed changes would clarify that certain aircraft and
parts, components, accessories and attachments that historically have
been subject to the EAR, but that, under rules published by BIS and the
Department of State as part of the Export Control Reform Initiative,
were added to the International Traffic in Arms Regulations would again
be subject to the EAR.
    The remaining changes would provide clarifying text or additional
cross references that would not change any requirements that apply to
any person under the regulations.
    Changing the jurisdictional status of an item from the USML to the
CCL would reduce the burden on small entities (and other entities as
well) through simpler license application procedures, and reduced (or
eliminated) registration fees. In addition, small entities would be
able to take advantage of de minimis treatment under the EAR for all
items that this rule would transfer from the USML to the CCL, provided
those items meet the applicable de minimis threshold level. In
practice, the greatest impact of this rule on small entities would
likely be reduced administrative costs and reduced delay for exports of
items that are now on the USML but would become subject to the EAR.
    Under the USML licensing procedure, an applicant must include a
purchase order or contract with its application. There is no such
requirement under the CCL licensing procedure. This difference gives
the CCL applicant at least two advantages. First, the applicant has a
way of determining whether the U.S. Government will authorize the
transaction before it enters into potentially lengthy, complex and
expensive sales presentations or contract negotiations. Under the USML
licensing procedure, the applicant will need to caveat all sales
presentations with a reference to the need for government approval and
will more likely have to engage in substantial effort and expense with
the risk that the government might reject the application. Second, a
CCL license applicant need not limit its application to the quantity or
value of one purchase order or contract. It may apply for a license to
cover all of its expected exports or reexports to a particular
consignee over the life of a license, reducing the total number of
licenses for which the applicant must apply.
    In addition, many applicants exporting or reexporting items that
this rule would transfer from the USML to the CCL would realize cost
savings through the elimination of some or all registration fees
currently assessed under the ITAR. Registration fees for manufacturers
and exporters of articles on the USML start at $2,250 per year,
increase to $2,750 for organizations applying for one to ten licenses
per year and further increase to $2,750 plus $250 per license
application (subject to a maximum of three percent of total application
value) for those who need to apply for more than ten licenses per year.
There are no registration or application processing fees for
applications to export items currently listed on the CCL. Once the
items that are the subject to this rulemaking are removed from the USML
and added to the CCL, entities currently applying for licenses from the
Department of State would find their registration fees reduced if the
number of USML licenses those entities need declines. If an entity's
entire product line is moved to the CCL, then its ITAR registration and
registration fee requirement would be eliminated.
    Finally, de minimis treatment under the EAR would become available
for all items that this rule would transfer from the USML to the CCL.
Items subject to the ITAR remain subject to the ITAR when they are
incorporated abroad into a foreign-made product regardless of the
percentage of U.S. content in that foreign-made product. This proposed
rule would apply that same principle to ``600 series'' items only if
the foreign made item is being exported to a country that is subject to
a United States arms embargo. In all other cases, foreign-made products
that incorporate items that this rule would move to the CCL would be
subject to the EAR only if their total controlled U.S.-origin content
exceeded 25 percent. Because including small amounts of U.S.-origin
content would not subject foreign-made products to the EAR, foreign
manufacturers would have less incentive to avoid such U.S.-origin parts
and components, a development that potentially would mean greater sales
for U.S. suppliers, including small entities.

Conclusion

    BIS is unable to determine the precise number of small entities
that would be affected by this rule. Based on the facts and conclusions
set forth above, BIS believes that any burdens imposed by this rule
would be offset by the reduction in the number of transactions that
would require a license, simpler export license applications, reduced
or eliminated registration fees, and application of a de minimis
threshold for foreign-made items incorporating U.S.-origin parts and
components, which would reduce the incentive for foreign buyers to
design out or avoid U.S.-origin content.
    For these reasons, the Chief Counsel for Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this rule, if adopted in final
form, would not have a significant economic impact on a substantial
number of small entities.

List of Subjects

15 CFR Part 770

    Exports.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, the Export Administration Regulations, 15 CFR parts
730--774 are proposed to be amended as follows:

PART 770--[AMENDED]

0
1. The authority citation for 15 CFR part 770 continues to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
7, 2015, 80 FR 48233 (August 11, 2015).

0
2. Section 770.2 is amended by adding paragraph (n) to read as follows:

Sec.  770.2  Item interpretations.

* * * * *
    (n) Interpretation 14: Unfinished ``600 series'' commodities.
Forgings, castings, and other unfinished products, such as extrusions
and machined bodies, that have reached a stage in manufacturing

where they are clearly identifiable by mechanical properties, material
composition, geometry, or function as commodities controlled by any
Product Group A (``End Items,'' ``Equipment,'' ``Accessories,''
``Attachments,'' ``Parts,'' ``Components'' and ``Systems'') ``600
series'' ECCN are controlled in that ``600 series'' ECCN.

PART 774--[AMENDED]

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

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

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

* * * * *

ECCN 0A604  [Amended]

0
4. In ECCN 0A604, remove Note 1 to 0A604.x and redesignate Note 2 to
0A604.x as Note to 0A604.x.

ECCN 0A614  [Amended]

0
5. In ECCN 0A614, remove Note 3 to 0A614.

ECCN  3A611 [Amended]

0
6. In ECCN 3A611, remove Note 3 to 0A611.x.

ECCN  9A604 [Amended]

0
7. In ECCN 9A604, remove Note 1 to 9A604.x and redesignate Note 2 to
9A604.x as Note to 9A604.x.
0
8. In ECCN 9A610, revise the ``Control(s)'' table in the ``License
Requirements'' section and 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)

License Requirements

* * * * *

                                            Country Chart (See Supp. No.
                Control(s)                         1 to part 738)

NS applies to entire entry except:          NS Column 1
 9A610.b; parts and components controlled
 in 9A610.x if being exported or
 reexported for use in an aircraft
 controlled in 9A610.b; and 9A610.y.
RS applies to entire entry except:          RS Column 1
 9A610.b; parts and components controlled
 in 9A610.x if being exported or
 reexported for use in an aircraft
 controlled in 9A610.b; and 9A610.y.
MT applies to 9A610.t, .u, .v, and .w.....  MT Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry except 9A610.y.  See Sec.   746.1(b) for UN
                                             controls

* * * * *

List of Items Controlled

Related Controls: (1) Military aircraft and related articles that
are enumerated in USML Category VIII, and technical data (including
software) directly related thereto, are subject to the ITAR. (2) See
ECCN 0A919 for controls on foreign-made ``military commodities''
that incorporate more than a de minimis amount of U.S.-origin ``600
series'' controlled content. (3) See USML Category XIX and ECCN
9A619 for controls on military aircraft engines and related items.
Related Definitions: N/A
Items: a. `Military Aircraft' ``specially designed'' for a military
use that are not enumerated in USML paragraph VIII(a).

    Note 1:
     For purposes of paragraph .a the term `military aircraft' means
any aircraft ``specially designed'' for a military use that are not
enumerated in USML paragraph VIII(a). The term includes: trainer
aircraft; cargo aircraft; utility fixed wing aircraft; military
helicopters; observation aircraft; military non-expansive balloons
and other lighter than air aircraft; and unarmed military aircraft,
regardless of origin or designation. Aircraft with modifications
made to incorporate safety of flight features or other FAA or NTSB
modifications such as transponders and air data recorders are
``unmodified'' for the purposes of this paragraph .a.

    Note 2:
     9A610.a does not control `military aircraft' that:
    a. Were first manufactured before 1946;
    b. Do not incorporate defense articles enumerated or otherwise
described on the U.S. Munitions List, unless the items are required
to meet safety or airworthiness standards of a Wassenaar Arrangement
Participating State; and
    c. Do not incorporate weapons enumerated or otherwise described
on the U.S. Munitions List, unless inoperable and incapable of being
returned to operation.

    b. L100 aircraft manufactured prior to 2013.
    c.-d. [Reserved]
    e. Mobile aircraft arresting and engagement systems for aircraft
controlled by either USML Category VIII(a) or ECCN 9A610.a
    f. Pressure refueling equipment and other ground equipment
designed to facilitate operations in confined areas, where such
equipment is ``specially designed'' for aircraft controlled by
either USML paragraph VIII(a) or ECCN 9A610.a.
    g. Aircrew life support equipment, aircrew safety equipment and
other devices for emergency escape from aircraft controlled by
either USML paragraph VIII(a) or ECCN 9A610.a.
    h. Parachutes, paragliders, complete parachute canopies,
harnesses, platforms, electronic release mechanisms ``specially
designed'' for use with aircraft controlled by either USML paragraph
VIII(a) or ECCN 9A610.a, and ``equipment'' ``specially designed''
for military high altitude parachutists, such as suits, special
helmets, breathing systems, and navigation equipment.
    i. Controlled opening equipment or automatic piloting systems,
designed for parachuted loads.
    j. Ground effect machines (GEMS), including surface effect
machines and air cushion vehicles, ``specially designed'' for use by
a military.
    k. through s. [Reserved]
    t. Composite structures, laminates and manufactures thereof
``specially designed'' for unmanned aerial vehicles controlled under
USML Category VIII(a) with a range equal to or greater than 300 km.

    Note to paragraph .t.
     Composite structures, laminates and manufactures thereof
``specially designed'' for unmanned aerial vehicles controlled under
USML Category VIII(a) with a maximum range less than 300 km are
controlled in paragraph .x of this entry.

    u. Apparatus and devices ``specially designed'' for the
handling, control, activation and non-ship-based launching of UAVs
or drones controlled by either USML paragraph VIII(a) or ECCN
9A610.a, and capable of a range equal to or greater than 300 km.

    Note to paragraph .u.
    Apparatus and devices ``specially designed'' for the handling,
control, activation and non-ship-based launching of UAVs or drones
controlled by either USML paragraph VIII(a) or ECCN 9A610.a with a
maximum range less than 300 km are controlled in paragraph .x of
this entry.

    v. Radar altimeters designed or modified for use in 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.

    Note to paragraph .v.
     Radar altimeters designed or modified for use in UAVs or drones
controlled by either USML paragraph

VIII(a) or ECCN 9A610.a. that are not capable of delivering at least
500 kilograms payload to a range of at least 300 km are controlled
in paragraph .x of this entry.

    w. Hydraulic, mechanical, electro-optical, or electromechanical
flight control systems (including fly-by-wire 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.

    Note to paragraph .w.
     Hydraulic, mechanical, electro-optical, or electromechanical
flight control systems (including fly-by-wire systems) and attitude
control equipment designed or modified for UAVs or drones controlled
by either USML paragraph VIII(a) or ECCN 9A610.a., not capable of
delivering at least 500 kilograms payload to a range of at least 300
km are controlled in paragraph .x of this entry.

    x. ``Parts,'' ``components,'' ``accessories,'' and
``attachments'' that are ``specially designed'' for a commodity
enumerated or otherwise described in ECCN 9A610 (except for 9A610.y)
or a defense article enumerated or otherwise described in USML
Category VIII and not elsewhere specified on the USML, in 9A610.y,
or 3A611.y.
    y. Specific ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' for a commodity subject to
control in this entry, ECCN 9A619, or for a defense article in USML
Category VIII and not elsewhere specified in the USML or the CCL,
and other aircraft commodities ``specially designed'' for a military
use, as follows, and ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' therefor:
    y.1. Aircraft tires;
    y.2. Analog gauges and indicators;
    y.3. Audio selector panels;
    y.4. Check valves for hydraulic and pneumatic systems;
    y.5. Crew rest equipment;
    y.6. Ejection seat mounted survival aids;
    y.7. Energy dissipating pads for cargo (for pads made from paper
or cardboard);
    y.8. Fluid filters and filter assemblies;
    y.9. Galleys;
    y.10. Fluid hoses, straight and unbent lines, fittings,
couplings, clamps and brackets;
    y.11. Lavatories;
    y.12. Life rafts;
    y.13. Magnetic compass, magnetic azimuth detector;
    y.14. Medical litter provisions;
    y.15. Cockpit or cabin mirrors;
    y.16. Passenger seats including palletized seats;
    y.17. Potable water storage systems;
    y.18. Public address (PA) systems;
    y.19. Steel brake wear pads (does not include sintered mix or
carbon/carbon materials);
    y.20. Underwater locator beacons;
    y.21. Urine collection bags/pads/cups/pumps;
    y.22. Windshield washer and wiper systems;
    y.23. Filtered and unfiltered panel knobs, indicators, switches,
buttons, and dials;
    y.24. Lead-acid and Nickel-Cadmium batteries;
    y.25. Propellers, propeller systems, and propeller blades used
with reciprocating engines;
    y.26. Fire extinguishers;
    y.27. Flame and smoke/CO2 detectors;
    y.28. Map cases;
    y.29. `Military Aircraft' that were first manufactured from 1946
to 1955 that do not incorporate defense articles enumerated or
otherwise described on the U.S. Munitions List, unless the items are
required to meet safety or airworthiness standards of a Wassenaar
Arrangement Participating State; and do not incorporate weapons
enumerated or otherwise described on the U.S. Munitions List, unless
inoperable and incapable of being returned to operation;
    y.30. ``Parts,'' ``components,'' ``accessories,'' and
``attachments,'' other than electronic items or navigation
equipment, for use in or with a commodity controlled by ECCN
9A610.h;
    y.31. Identification plates; and
    y.32. Fluid manifolds.

0
9. In ECCN 9A619, the List of Items Controlled section is amended by:
0
a. Revising the ``Related Controls'' paragraph;
0
b. Removing the note that immediately follows paragraph .e in the
``Items'' paragraph; and
0
c. Revising paragraph .y in the ``Items'' paragraph. The revisions read
as follows:

9A619 Military gas turbine engines and related commodities (see List of
Items Controlled)
* * * * *

List of Items Controlled

    Related Controls: (1) Military gas turbine engines and related
articles that are enumerated or otherwise described in USML Category
XIX, and technical data (including software) directly related thereto,
are subject to the jurisdiction of the International Traffic in Arms
Regulations (ITAR). (2) Gas turbine engines designated 501-D22 are
controlled in ECCN 9A991.d regardless of the aircraft type into which
they will be installed. (3) See ECCN 0A919 for foreign-made ``military
commodities'' that incorporate more than a de minimis amount of U.S.-
origin ``600 series'' controlled content. (4) ``Parts,''
``components,'' ``accessories,'' and ``attachments'' specified in USML
Category XIX(f) are subject to the controls of that paragraph. (5)
``Parts,'' ``components,'' ``accessories,'' and ``attachments''
specified in ECCN 9A619.y are subject to the controls of that
paragraph.
* * * * *
Items:
* * * * *
    y. Specific ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' for a commodity subject to
control in this entry, ECCN 9A610, or for a defense article in USML
Category XIX and not elsewhere specified on the USML or in the CCL, and
other commodities, as follows, and ``parts,'' ``components,''
``accessories,'' and ``attachments'' ``specially designed'' therefor:
    y.1. Oil tank and reservoirs;
    y.2. Oil lines and tubes;
    y.3. Fluid hoses, straight and unbent lines, fittings, couplings,
clamps and brackets;
    y.4. Fluid filters and filter assemblies;
    y.5. Check valves for hydraulic and pneumatic systems;
    y.6. Shims;
    y.7. Identification plates;
    y.8. Fluid manifolds.

ECCN 9A620  [Amended]

0
10. In ECCN 9A620, remove the note to 9A920.b that immediately follows
paragraph .x.
0
11. In ECCN 9C610, revise the header and the ``Items'' paragraph of the
``List of Items Controlled'' section to read as follows:

9C610 Materials ``specially designed'' for commodities controlled by
USML Category VIII or ECCN 9A610 and not elsewhere specified in the CCL
or the USML (see List of Items Controlled)
* * * * *

List of Items Controlled

* * * * *
Items: a. Materials not elsewhere specified in the USML or the CCL and
``specially designed'' for commodities enumerated or otherwise
described in USML Category VIII or ECCN 9A610 (except 9A610.y).

    Note 1:
     Materials enumerated elsewhere in the CCL, such as in a CCL
Category 1 ECCN, are controlled pursuant to controls of the
applicable ECCN.

    Note 2:
     Materials ``specially designed'' for both aircraft enumerated
in USML Category VIII and aircraft enumerated in ECCN 9A610 are
subject to the controls of this ECCN.

    b. [RESERVED]

0
12. In ECCN 9C619 revise the header and the ``Items'' paragraph of the
``List of Items Controlled'' section to read as follows:

9C619 Materials ``specially designed'' for commodities controlled by
USML Category XIX or ECCN 9A619 and not elsewhere specified in the CCL
or on the USML (see List of Items Controlled)
* * * * *

List of Items Controlled

* * * * *
Items:

    a. Materials not elsewhere specified in the CCL or on the USML and
``specially designed'' for commodities enumerated or otherwise
described in USML Category XIX or ECCN 9A619 (except 9A619.y).

     Note 1:
     Materials enumerated elsewhere in the CCL, such as in a CCL
Category 1 ECCN, are controlled pursuant to the controls of the
applicable ECCN.

    Note 2:
     Materials ``specially designed'' for both an engine enumerated
in USML Category XIX and an engine enumerated in ECCN 9A619 are
subject to the controls of this ECCN 9C619.

    b. [Reserved]

0
13. In ECCN 9E619, revise the ``Related Controls'' paragraph in the
``List of Items Controlled'' section to read as follows:

9E619 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair, overhaul,
or refurbishing of military gas turbine engines and related commodities
controlled by 9A619, equipment controlled by 9B619, materials
controlled by 9C619, or software controlled by 9D619 (see List of Items
Controlled)
* * * * *

List of Items Controlled

Related Controls: Technical data directly related to articles
enumerated or otherwise described in USML Category XIX are subject to
the control of USML Category XIX(g).

* * * * *

    Dated: January 29, 2016.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2016-02591 Filed 2-8-16; 8:45 am]
 BILLING CODE 3510-33-P


[Federal Register: April 13, 2010 (Volume 75, Number 70)]
[Notices]
[Page 18826]
[DOCID:fr13ap10-40]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13685-000]

Mr. Howard Rosenfeld; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

April 6, 2010.
    On March 22, 2010, Mr. Howard Rosenfeld filed an application,
pursuant to section 4(f) of the Federal Power Act, for a preliminary
permit to study the feasibility of the Warren Energy Independence
Hydroelectic Project (Warren Project), to be located on Sucker Brook
(a.k.a. Lake Waramaug Brook) in Litchfield County, Connecticut.
    Some of the features of the proposed Warren Project would be new
and located on residential property owned by the applicant, and some of
the project works would include properties owned by the Town of Warren,
Connecticut, such as an existing dam, intake, and water conveyance
structures. The proposed project would consist of: (1) An existing 80-
foot-long, 4-foot-wide, and 5-foot-high masonry dam; (2) an existing
48-inch square sluice gate structure feeding into; (3) a new 18-inch-
diameter, approximately 535-foot-long penstock leading to; (4) an
existing 25-foot-high, 22-foot-square stone-masonry building to house;
(5) a new turbine generator unit, with a maximum hydraulic capacity of
5 cubic feet per second (cfs) and total installed generating capacity
of 10 kilowatts (kW); (6) a new approximately 400-foot-long, 3.4
kilovolt (kV) transmission line, which would connect with the existing
23 kV distribution line owned by Connecticut Power & Light and adjacent
to the applicant's property; and (7) appurtenant facilities. The Warren
Project would have an estimated average annual generation of 50,000
kilowatt-hours (kWh), which would be used by the applicant on-site or
distributed to the power grid and sold directly to a local utility.
    Applicant Contact: Mr. Howard Rosenfeld, 10 Town Hill Road, Warren,
Connecticut 06754,<PHONE_NUMBER><EMAIL_ADDRESS>    FERC Contact: John Ramer,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http:// www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13685) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-8353 Filed 4-12-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 13, 2009 (Volume 74, Number 196)]
[Notices]
[Page 52521-52522]
[DOCID:fr13oc09-105]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60791; File No. SR-ISE-2009-74]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Adopt an Intermarket Sweep Order Credit

October 5, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 1, 2009, International Securities Exchange, LLC (``ISE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE proposes to adopt an Intermarket Sweep Order credit. The
text of the proposed rule change is available on the Exchange's Web
site (http://www.ise.com), at the principal office of the Exchange, and
at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this proposed rule change is to adopt an Intermarket
Sweep Order credit. On August 31, 2009, the Exchange implemented the
new Options Order Protection and Locked/Crossed Market Plan
(``Distributive Linkage'') and the use of Intermarket Sweep Orders
(``ISOs''). Consistent with Distributive Linkage and pursuant to ISE
rules, the Exchange's Primary Market Makers (``PMMs'') have an
obligation to address customer orders when there is a better market
displayed on another exchange. ISE's PMMs meet this obligation via the
use of ISOs. In meeting their obligations, PMMs may incur fees when
they send ISOs, especially when sending ISOs to exchanges that charge
``taker'' fees. To minimize their financial burden and help offset such
fees, ISE proposes to compensate the PMM by rebating to the PMM $0.20
per contract on all ISO orders sent to an away market, regardless of
the fee charged by the exchange where the ISO order sent away was
executed. The proposed fee credit applies to PMMs for classes in which
it serves as a PMM.
    ISE proposes to implement this fee change on October 1, 2009.
2. Statutory Basis
    The basis under the Securities Exchange Act of 1934 (the ``Exchange
Act'') for this proposed rule change is the requirement under Section
6(b)(4) that an exchange have an equitable allocation of reasonable
dues, fees and other charges among its members and other persons using
its facilities. In particular, the proposed fee change will offset fees
incurred by PMMs when they send ISOs to away markets.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing proposed rule change is effective upon filing
pursuant to Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ because it establishes a due, fee, or other charge
imposed by NYSE Arca on its members.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2009-74 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-ISE-2009-74. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro/
shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference

Room, on official business days between the hours of 10 a.m. and 3 p.m.
Copies of such filing will also be available for inspection and copying
at the principal office of the Exchange. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File No. SR-ISE-2009-74 and should be submitted on or
before November 3, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\5\
---------------------------------------------------------------------------

    \5\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-24500 Filed 10-9-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: July 5, 2011 (Volume 76, Number 128)]
[Notices]
[Page 39150-39151]
[DOCID:fr05jy11-126]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Updated Noise Exposure Map Notice for Indianapolis International
Airport; Indianapolis, Indiana

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its
determination that the updated noise exposure maps submitted by the
Indianapolis Airport Authority for the Indianapolis International
Airport under the provisions of 49 U.S.C. 47501 et seq. (Aviation
Safety and Noise Abatement Act) and 14 CFR part 150 are in compliance
with applicable requirements.

DATES: Effective Date: The effective date of the FAA's determination on
the noise exposure maps is August 13, 2009.

FOR FURTHER INFORMATION CONTACT: Bobb A. Beauchamp, 2300 E. Devon Ave.,
Suite 320, Des Plaines, Illinois 60018,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds
that the updated noise exposure maps submitted for Indianapolis
International Airport are in compliance with applicable requirements of
Title 14 Code of Federal Regulations (CFR) part 150, effective (Note
1). Under 49 U.S.C. section 47503 of the Aviation Safety and Noise
Abatement Act (hereinafter referred to as ``the Act''), an airport
operator may submit to the FAA noise exposure maps which meet
applicable regulations and which depict non-compatible land uses as of
the date of submission of such maps, a description of projected
aircraft operations, and the ways in which such operations will affect
such maps. The Act requires such maps to be developed in consultation
with interested and affected parties in the local community, government
agencies, and persons using the airport. An airport operator who has
submitted noise exposure maps that are found by FAA to be in compliance
with the requirements of 14 CFR part 150, promulgated pursuant to the
Act, may submit a noise compatibility program for FAA approval which
sets forth the measures the operator has taken or proposes to take to
reduce existing non-compatible uses and prevent the introduction
additional non-compatible uses.
    The FAA has completed its review of the updated noise exposure maps
and accompanying documentation submitted by Indianapolis Airport

Authority. The documentation that constitutes the ``noise exposure
maps'' as defined in section 150.7 of part 150 includes: Exhibit NEM-1,
Existing (2008) Noise Exposure Map; Exhibit NEM-2, Future (2013) Noise
Exposure Map; Table 2, Distribution of Average Daily Operations by
Aircraft Type Existing (2008) Conditions; Exhibit 4, North Flow Large
Passenger Jet INM Flight Tracks; Exhibit 5, North Flow Large Cargo Jet
INM Flight Tracks; Exhibit 6, North Flow Regional/Air Taxi Jet INM
Flight Tracks; Exhibit 7, North Flow Propeller Aircraft INM Flight
Tracks; Exhibit 8, South Flow Large Passenger Jet INM Flight Tracks;
Exhibit 9, South Flow Large Cargo Jet INM Flight Tracks; Exhibit 10,
South Flow Regional/Air Taxi Jet INM Flight Tracks; Exhibit 11, South
Flow Propeller Aircraft INM Flight Tracks; Table 8, Ground Run-Up
Operations Existing (2008) Conditions; Table 10, Population, Housing,
and Noise-Sensitive Facilities Exposed to Various Noise Levels 2008
Noise Exposure Map; Table 13, Distribution of Average Daily Operations
by Aircraft Type Future (2013) Conditions; Table 18, Ground Run-Up
Operations Future (2013) Conditions; Table 20, Population, Housing, and
Noise-Sensitive Facilities Exposed to Various Noise Levels 2013 Noise
Exposure Map; Table 21, Grid Analysis Report-Existing (2008) NEM
Compared to Future (2013) NEM, and; Exhibit 17, Current Land Use and
Environmental Mitigation Program Areas. The FAA has determined that
these updated noise exposure maps and accompanying documentation are in
compliance with applicable requirements. This determination is
effective on August 13, 2009. FAA's determination on an airport
operator's noise exposure maps is limited to a finding that the maps
were developed in accordance with the procedures contained in appendix
A of FAR Part 150. Such determination does not constitute approval of
the applicant's data, information or plans, or a commitment to approve
a noise compatibility program or to fund the implementation of that
program.
    If questions arise concerning the precise relationship of specific
properties to noise exposure contours depicted on a noise exposure map
submitted under section 47503 of the Act, it should be noted that the
FM is not involved in any way in determining the relative locations of
specific properties with regard to the depicted noise contours, or in
interpreting the noise exposure maps to resolve questions concerning,
for example, which properties should be covered by the provisions of
section 47506 of the Act. These functions are inseparable from the
ultimate land use control and planning responsibilities of local
government. These local responsibilities are not changed in any way
under part 150 or through FAA's review of noise exposure maps.
Therefore, the responsibility for the detailed overlaying of noise
exposure contours onto the map depicting properties on the surface
rests exclusively with the airport operator that submitted those maps,
or with those public agencies and planning agencies with which
consultation is required under section 47503 of the Act. The FAA has
relied on the certification by the airport operator, under section
150.21 of FAR part 150, that the statutorily required consultation has
been accomplished.
    Copies of the full updated noise exposure map documentation and of
the FAA's evaluation of the maps are available for examination at the
following locations:

    Marion County Public Library, 40 E. St. Clair St., Indianapolis, IN
46204,<PHONE_NUMBER>.
    Decatur Township Branch Library, 5301 Kentucky Avenue,
Indianapolis, IN 46221,<PHONE_NUMBER>.
    Mooresville Public Library, 220 W. Harrison Street, Mooresville, IN
46158,<PHONE_NUMBER>.
    Wayne Township Branch Library, 198 South Girls School Road,
Indianapolis, IN 46231<PHONE_NUMBER>.
    Plainfield Public Library, 1120 Stafford Road, Plainfield, IN
46168,<PHONE_NUMBER>.
    Indianapolis Airport Authority, Indianapolis International Airport,
2500 South High School Road, Indianapolis, IN 46241.
    Federal Aviation Administration, Chicago Airports District Office,
2300 E. Devon, Suite 320, Des Plaines, IL 60018.
    Questions may be directed to the individual named above under the
heading FOR FURTHER INFORMATION CONTACT.

    Issued in Des Plaines, Illinois, August 13, 2009.
Jack Delaney,
Acting Manager, Chicago Airports District Office, FAA Great Lakes
Region.

    Editorial Note: This document was received in the Office of the
Federal Register on June 28, 2011.
[FR Doc. 2011-16572 Filed 7-1-11; 8:45 am]
BILLING CODE 4910-13-M