[Federal Register Volume 87, Number 223 (Monday, November 21, 2022)]
[Notices]
[Pages 70798-70799]
[FR Doc No: 2022-25222]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 8866-013]

Black Canyon Bliss, LLC; Notice Of Application Accepted For
Filing, Intent To Waive Scoping, Soliciting Motions To Intervene and
Protests, Ready For Environmental Analysis, and Soliciting Comments,
Terms and Conditions, Recommendations, Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent License.
    b. Project No.: 8866-013.
    c. Date filed: February 28, 2022.
    d. Applicant: Black Canyon Bliss.
    e. Name of Project: Stevenson No.2 Hydroelectric Project.
    f. Location: The existing project is located on an unnamed
tributary to the Snake River in Gooding County, Idaho. The project does
not affect federal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r)
    h. Applicant Contact: Mr. David Jentzsch, 319 River Road, Bliss, ID
83314, Telephone<PHONE_NUMBER>.
    i. FERC Contact: Maryam Zavareh,<PHONE_NUMBER> or
[email protected].
    j. Deadline for filing motions to intervene and protests, comments,
terms and conditions, recommendations, and prescriptions: 60 days from
the issuance date of this notice; reply comments are due 105 days from
the issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, terms and conditions,
recommendations, and prescriptions using the Commission's eFiling
system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at https://ferconline.ferc.gov/QuickComment. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at [email protected],<PHONE_NUMBER> (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE, Washington, DC 20426. The first page of any filing should
include docket number P-8866-013.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted for filing and is now ready
for environmental analysis.
    l. The existing Black Canyon Bliss Hydro Project consists of: (1) a
735-foot-long, 18-inch-diameter underground concrete intake; (2) a
concrete transition box; (3) a 303-foot-long, 18-inch-diameter above
ground steel penstock; (4) a powerhouse containing a single generating
unit with a rated capacity of 24 kW; (5) a 20-foot-long tailrace, (6) a
530-foot-long, 34.5 kV transmission line; and (7) appurtenant
facilities. The project generates an annual average of 155 kilowatt-
hours.
    m. Due to the small size and location of this project, the
applicant's close coordination with federal and state agencies during
preparation of the application, and studies completed during pre-filing
consultation, we intend to waive scoping and expedite the licensing
process. Based on a review of the application and resource agency
consultation letters filed to date, Commission staff does not
anticipate that any new issues would be identified through additional
scoping. Based on the issues identified during the pre-filing period,
staff's National Environmental Policy Act (NEPA) document will consider
the potential effects of project construction and operation on geology
and soils, aquatic, terrestrial, threatened and endangered species,
recreation, and cultural and historic resources.
    n. A copy of the application can be viewed on the Commission's
website 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, contact FERC Online
Support.
    Register online at https://ferconline.ferc.gov/FERCOnline.aspx to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, contact FERC Online Support.
    o. Anyone may submit comments, a protest, or a motion to intervene
in accordance with the requirements of Rules of Practice and Procedure,
18 CFR 385.210, .211, and .214. In determining the appropriate action
to take, the Commission will consider all protests or other comments
filed, but only those who file a motion to intervene in accordance with
the Commission's Rules may become a party to the proceeding. Any
comments, protests, or motions to intervene must be received on or
before the specified comment date for the particular application.
    All filings must (1) bear in all capital letters the title
``PROTEST'', ``MOTION TO INTERVENE'', ``NOTICE OF INTENT TO FILE
COMPETING APPLICATION,'' ``COMPETING APPLICATION,'' ``COMMENTS,''
``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' or
``PRESCRIPTIONS;'' (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person protesting or intervening; and (4) otherwise comply with the
requirements of 18 CFR 385.2001 through 385.2005. All comments,
recommendations, terms and conditions or prescriptions must set forth
their evidentiary basis and otherwise comply with the requirements of
18 CFR 4.34(b). Agencies may obtain copies of the application directly
from the applicant. A copy of any protest or motion to intervene must
be served upon each representative of the applicant specified in the
particular application. A copy of all other filings

in reference to this application must be accompanied by proof of
service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.
    p. The applicant must file no later than 60 days following the date
of issuance of this notice: (1) a copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification. Please note
that the certification request must comply with 40 CFR 121.5(b),
including documentation that a pre-filing meeting request was submitted
to the certifying authority at least 30 days prior to submitting the
certification request. Please also note that the certification request
must be sent to the certifying authority and to the Commission
concurrently.
    q. Procedural schedule: The application will be processed according
to the following preliminary schedule. Revisions to the schedule will
be made as appropriate.

------------------------------------------------------------------------
                 Milestone                           Target date
------------------------------------------------------------------------
Deadline for filing interventions,          January 2023.
 protests, comments, recommendations,
 preliminary terms and conditions, and
 preliminary fishway prescriptions.
Deadline for filing reply comments........  February 2023.
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    r. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.

    Dated: November 14, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-25222 Filed 11-18-22; 8:45 am]
BILLING CODE 6717-01-P


Debbi Hart 07/ 18/ 02 04: 20 PM To: Richard Bozek < RICHABEE@ eei. org> cc: Lynne Tudor/ DC/ USEPA/ US@ EPA, Deborah Nagle/ DC/ USEPA/ US@ EPA, Tom Wall/ DC/ USEPA/ US@ EPA Subject: Re: Questi re: Option 1 Rich

My apologies for this delayed response. With several folks out on leave, the rest of us are pulling additional loads.

Following are the main criteria used in assigning Phase II facilities costed with cooling towers to compliance years. Please note that a detailed description of the methodology can be found in the Appendix to Chapter B1 ( pp. B1 20 and B1 21).

Compliance years for nuclear facilities: ** during the first post promulgation permit period ( the analysis assumes that planning will take one year; the compliance period is therefore years 2 5 after the first postpromulgation permit; the analysis is based on the expiration of the current NPDES permit) ** during year of an in service inspection, ISI ( assumed to take place in 5 year intervals beginning with the first year of a unit's operation) > In all but one case this methodology identified one specific compliance year. In one case where the two criteria were mutually exclusive, the facility was assumed to comply during the ISI year which is the year of its first post promulgation permit.

Compliance years for non nuclear facilities: ** during the first post promulgation permit period ( the analysis assumes that planning will take one year; the compliance period is therefore years 2 5 after the first postpromulgation permit; the analysis is based on the expiration of the current NPDES permit) ** within the 4 year period ( and given the distribution of compliance years of nuclear facilities, as determined above), compliance years were assigned so that the total amount of capacity off line in each NERC region is distributed as evenly as possible.

Another consideration was the representation of facilities costed with cooling towers during IPM run years ( 2008, 2010, and 2013). Where an even distribution was not possible, EPA assigned facilities with higher compliance costs to earlier years ( within the methodology constraints), to provide a conservative estimate of annualized compliance costs.

I hope this is helpful to you. Debbi _________________________________ Debbi Hart ( 4303T) U. S. Environmental Protection Agency Cooling Water Intake Task Force Ariel Rios Building 1200 Pennsylvania Avenue, NW Washington, DC 20460 ( 202) 566 6379 hart. debbi@ epa. gov Richard Bozek < RICHABEE@ eei. org >

07/ 12/ 02 02: 25 PM To: Debbi Hart/ DC/ USEPA/ US@ EPA cc: Subject: Question re: Option 1 Debbi

Thanks for your help. I am trying to understand the manner in which, for modeling purposes, EPA distributed the 54 facilities requiring a retrofit of a cooling tower in Option 1 ( Waterbody/ capacity based) against compliance year. In other words, were these facilities modeled based on their actual permit cycle, simply distributed evenly for years X Y, or in another manner? Tom suggested the 54 were evenly distributed among compliance years. If this is the case, can someone explain how that falls in line with the Tables on B1 22,23? I am having difficulty understanding what is represented. Thank you.

Rich C. Richard Bozek Manager, Environmental Programs Edison Electric Institute 701 Pennsylvania Ave., N. W. Washington, D. C. 20004 ( 202) 508 5641 E mail: Rbozek@ eei. org CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return email and promptly delete this message and its attachments from your computer system.


[Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)]
[Rules and Regulations]
[Pages 42430-42436]
[FR Doc No: 2013-16954]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740, 772 and 774

[Docket No. 130104008-3008-01]
RIN 0694-AF81

Revisions to the Export Administration Regulations Based on the
2012 Missile Technology Control Regime Plenary Agreements

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) to reflect changes to the
Missile Technology Control Regime (MTCR) Annex that were agreed to by
MTCR member countries at the October 2012 Plenary in Berlin, Germany,
and at the MTCR Reinforced Point of Contact (RPOC) meeting in Paris,
France, in December 2011. This final rule revises six Export Control
Classification Numbers (ECCNs) (1C011, 1C111, 1C116, 9A101, 9B105 and
9E101) and one defined term (the definition of ``payload'') to
implement the changes that were agreed to at the meetings. This final
rule also revises ECCNs 7E004 and 9D004 to better align the Commerce
Control List (CCL) with the MTCR Annex and past MTCR agreements.

DATES: This rule is effective: July 16, 2013.

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

Background

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

restrict the export of items contained in the regime's Annex. The
implementation of the regime's Guidelines is effectuated through the
national export control laws and policies of the regime members.

Amendments to the Export Administration Regulations

    This final rule revises the Export Administration Regulations (EAR)
to reflect changes to the MTCR Annex agreed to at the October 2012
Plenary in Berlin, Germany, and the MTCR December 2011 Reinforced Point
of Contact meeting (RPOC) in Paris, France. Corresponding MTCR Annex
references are provided below for the MTCR Annex changes agreed to at
the meetings. This rule also makes two conforming changes to correlate
the Commerce Control List (CCL) (Supplement No. 1 to Part 774 of the
EAR) with the current MTCR Annex. These conforming changes are made to
better align the MT controls on the CCL with the MTCR Annex and past
MTCR agreements. In the explanation below for the revisions made in
this rule, BIS identifies these changes as follows: ``Berlin 2012
Plenary,'' ``Paris 2011 RPOC'' and ``CCL Conforming Change to MTCR
Annex'' to assist the public in understanding the origin of each change
included in this final rule.
    In Section 740.20 (License Exception Strategic Trade Authorization
(STA)), as a conforming change for the revision of the MT control on
ECCN 7E004 described below, this rule amends paragraph (b)(2)
(Limitations on Use of License Exception STA) by redesignating
paragraph (b)(2)(vii) as paragraph (b)(2)(viii). Under new paragraph
(b)(2)(vii), this rule continues the existing limitation on the use of
License Exception STA. Paragraph (b)(2)(vii) will specify that License
Exception STA may not be used for 7E004 ``technology,'' except for
``technology'' controlled under 7E004.a.7. Prior to publication of this
final rule, this ``technology'' was not eligible for License Exception
STA because the ``technology'' was MT controlled. This change is being
made for consistency with the MTCR Annex. BIS decided it was still
warranted to exclude the technology under 7E004 that had previously
been excluded under License Exception STA. This change to License
Exception STA continues the existing limitation on the use of License
Exception STA for 7E004 ``technology,'' so this change preserves the
status quo in terms of License Exception STA ineligibility under the
EAR for 7E004.
    Additionally, this rule revises the EAR in Section 772.1
(Definitions of Terms as Used in the Export Administration Regulations)
by amending the definition of the term ``payload'' (MTCR Annex Change,
Definitions: ``Payload,'' Berlin 2012 Plenary). The definition of
``payload'' is revised by changing the description for space launch
vehicles in Technical Note b.1 from ``satellites'' to ``spacecraft,
including satellites,'' and by changing the description for space
launch vehicles in Technical Note b.2 from ``satellite-to-launch
vehicle adapters,'' to ``spacecraft-to-launch vehicle adapters.'' The
term satellite could be more limiting than intended, while the term
spacecraft is broader and includes any type of spacecraft payload that
could be carried on a space launch vehicle. For these reasons, the MTCR
members decided to revise the definition of ``payload'' to clarify the
scope of the types of payload for space launch vehicles that are
included in the ``payload'' definition under Technical Notes b.1 and
b.2. This clarification will have little impact on items subject to the
EAR, and therefore not cause an increase in license applications
received by BIS.
    In addition, this rule amends the CCL to reflect changes to the
MTCR Annex. This final rule also revises Export Control Classification
Numbers (ECCNs) 7E004 and 9D004 to better align the CCL with the MTCR
Annex and past MTCR agreements. Specifically, the following eight ECCNs
are affected:
    ECCN 1C011 is amended by revising the MT control(s) paragraph in
the License Requirements section to indicate the MT control applies to
1C011.a and .b for materials that meet or exceed the parameters in
1C111. This change clarifies that the MT control applicable to 1C011.b
only applies when the boron or boron alloys also meet the size
requirement specific to the MTCR Annex (i.e., where at least 90% of the
total particles by particle volume % or weight % are made up of
particles of less than 60 [micro]m). (MTCR Annex Change, Category II:
Item 4.C.2.e., Berlin 2012 Plenary). Boron and boron alloys with the
purities specified were previously controlled, but the interpretation
of the size requirement was not clear between MTCR Partners. While the
text could be read as meaning that all of the material had to be less
than 60 [micro]m to be controlled, many Partners were controlling
material that had a median particle size of 60 [micro]m. The new
measurement criteria clarifies that at least 90% of the material must
be less than 60 [micro]m to be controlled, and the criteria encompass
several techniques used for measuring particle size by including
multiple standard reporting practices within the control text and
providing examples of test methods. Because the MTCR partners decided
to make the size control more specific, additional detail was needed to
qualify how the size is to be ascertained and reported for purposes of
determining whether such material is MT controlled. The new measurement
criteria being added in this final rule will ensure the different
testing methods currently in use, such as laser diffraction and sieves,
will be applied in a consistent manner in determining whether such
material is MT controlled under ECCN 1C011 or controlled under ECCN
1C111.
    Additionally, because boron of this purity is controlled by both
the MTCR, and for NS reasons, by the Wassenaar Arrangement (WA), and
the WA has not adopted these changes, this final rule is implementing
the MTCR-agreed change to 1C011.b by qualifying the scope of the MT
control(s) paragraph. As this type of boron material typically meets
the specifications of both the prior and updated text, this change is
not expected to have any impact on the number of license applications
received by BIS.
    ECCN 1C111 is amended by revising the ``items'' paragraph (a.1) in
the List of Items Controlled section by including the term
``spheroidal'' and removing the phrase ``particles of uniform
diameter'' from paragraph (a.1). (MTCR Annex Change, Category II: Item
4.C.2.c., Berlin 2012 Plenary). This change will address a concern of
the MTCR members that particles that are not exactly spherical might be
interpreted as being outside the scope of this control. The changes are
being made because aluminum powder particles are not exactly spherical.
This is a clarification of the control and is consistent with how BIS
has interpreted the scope of ECCN 1C111. Therefore, this clarification
will have no impact on the number of license applications received by
BIS. This rule is also removing under paragraph (a.1) the phrase
``other than those controlled by the U.S. Munitions List,'' because
this concept (that items that are enumerated or described on the U.S.
Munitions List (USML) are subject to the ITAR and therefore not
``subject to the EAR'') is already stated in other places in the EAR,
in particular part 734 (Scope of the Export Administration
Regulations).
    ECCN 1C111 is also amended by revising the ``items'' paragraph
(a.2) in the List of Items Controlled section to modify the controls
for certain powders. (MTCR Annex Change, Category II: Items 4.C.2.d.
and 4.C.2.e., Berlin 2012

Plenary). The same interpretation that applies to the size criteria of
boron powders as described above in ECCN 1C011 applies to zirconium,
beryllium, and magnesium powders. Hence, the same new measurement
criteria in modified ECCN 1C011 are being applied to ECCN 1C111 to
clarify that at least 90% of the material must be less than 60 [micro]m
to be controlled. The criteria also encompass several techniques used
for measuring particle size by including multiple standard reporting
practices within the control text and providing examples of test
methods, as described in detail in the discussion of changes to ECCN
1C011 above.
    In addition, this rule removes the phrase ``metal fuels and their
alloys'' in paragraph (a.2) and replaces it with the more precise and
accurate term ``metal powders'' to conform to the MTCR Annex and the
intent of this CCL control. This final rule adds the phrase ``and
alloys'' after ``metal powders'' to clarify that although the term
metal fuels is being replaced with the term metal powders, the scope of
paragraph (a.2) still extends to alloys of those metal powders. This
rule also removes under paragraph (a.2) the phrase ``other than those
controlled by the U.S. Munitions List,'' because this concept (that
items that are enumerated or described on the USML are subject to the
ITAR and therefore not ``subject to the EAR'') is already stated in
other places in the EAR, in particular part 734. The criteria in 1C111
are also being updated in this final rule to clarify that alloys of
these metals are only controlled when they are 97% or more, by weight,
of zirconium, beryllium, or magnesium, which is consistent with how BIS
has interpreted the scope of ECCN 1C111.
    This rule also adds the control on boron powders, previously only
controlled in 1C011, to a new ``items'' paragraph (a.2.b) to
differentiate between the NS controlled and MT controlled material. The
new measurement criteria and other criteria added in 1C111.a.2 in this
final rule clarify exactly what is controlled by including multiple
standard reporting practices within the control text and providing
examples of test methods. Because the MTCR partners decided to make the
size control more specific, additional detail was needed to qualify how
the size is to be ascertained and reported for purposes of determining
whether such material is MT controlled. The new measurement criteria
being added in this final rule will ensure the different testing
methods currently in use, such as laser diffraction and sieves, will be
applied in a consistent manner in determining whether such material is
MT controlled under ECCN 1C111 or controlled under 1C011. As with the
boron control, the type of metal powders typically exported currently
meet the specifications of both the previous and the updated control
text, and this change is not expected to have any impact on the number
of license applications received by BIS.
    Paragraph (a.2.a.4) of ECCN 1C111 is being removed to clearly
reflect the interpretation that alloys controlled would fall within the
97% weight requirement of paragraph (a.2.a). As a conforming change to
the removal of paragraph (a.2.a.4), this rule revises paragraph
(a.2.a.2) to add the word ``or'' and revises paragraph (a.2.a.3) to
remove the word ``or'' and the semicolon, and replace that text and
punctuation with a period.
    Finally, in ECCN 1C111 this rule also adds a new note at the end of
the ``items'' paragraph in the List of Items Controlled section to
indicate that in a multimodal particle distribution (e.g., mixtures of
different grain sizes) in which one or more modes are controlled, the
entire powder mixture is controlled.
    ECCN 1C116 is amended by revising the heading and the ``items''
paragraph in the List of Items Controlled section regarding maraging
steel classified under 1C116. (MTCR Annex Change Category II: Item
6.C.8., Paris 2011 RPOC). First, the rule expands the scope of the
control criteria to ensure that maraging steel that has missile
applications is adequately enumerated within the scope of this ECCN.
Specifically, this rule revises the heading and adds an ``items''
paragraph (a) and (b) in the List of Items controlled section to expand
the scope of the control.
    In addition to expanding the control criteria, this final rule
revises the ``items'' paragraph to add new notes (a) and (b) to
identify that maraging steels are iron alloys generally characterized
by the criteria included in these notes. The MTCR members agreed to
this change because maraging steel is often exported in the solution
annealed stage and then further worked (i.e., processed) at the
destination before being precipitation hardened. Therefore, maraging
steel that has missile applications could have potentially avoided
control, under ECCN 1C116, by being exported or reexported before being
hardened into its final stage. This final rule addresses this missile
proliferation concern by expanding the scope of 1C116 to define the
ultimate tensile strength of maraging steel usable in missile
applications in both the solution annealed stage and the precipitation
hardened stage, and controlling both under 1C116. This expansion will
result in an increase of one or two license applications per year, so
the overall impact on the number of license applications received by
BIS will be minimal.
    ECCN 7E004 is amended by revising the MT control(s) paragraph in
the License Requirements section to indicate that where ``technology''
for equipment or systems controlled for MT reasons is not controlled
under ECCNs 7E001,7E002, 7E101, 7E104, and 9E101, it is controlled
under ECCN 7E004 for MT reasons. (MTCR Annex Category II: Item 10.E.3)
    ECCN 7E004 is also amended by revising the ``related controls''
paragraph to add ECCNs 7E001, 7E002, 7E101 and 9E101 as additional
related controls under two new ``related controls'' paragraphs.
Specifically, this rule revises the ``related controls'' under 7E004 to
include ECCNs 7E001, 7E002, 7E101 and 7E994 as a new ``Related
Controls'' paragraph (2). This rule also revises the ``related
controls'' to include ECCNs 7E104 and 9E101 as a new ``Related
Controls'' paragraph (3), and adds details for when 7E104 and 9E101
should also be reviewed for MT controlled technology. The remaining
``related controls'' text in 7E004 becomes new ``Related Controls''
paragraph (1). (MTCR Annex Category II: Item 9.E.1., 10.E.1., 10.E.2.,
and 10.E.3.; CCL Conforming Change to MTCR Annex). This conforming
change will result in the revision of the MT control on 7E004
technology. However, because certain portions of the MT control are
being retained in 7E004 to conform to the MTCR Annex, and the remaining
technology is controlled for NS reasons, the impact on the number of
license applications received per year will be minimal and likely will
result in a decrease of one or two license applications per year. Also
as described above under the changes being made to License Exception
STA, 7E004 will continue to be ineligible for License Exception STA,
except for ``technology'' controlled under 7E004.a.7. Lastly, in 7E004,
BIS adds an STA paragraph to the License Exception section to make it
explicit that License Exception STA may not be used for 7E004, except
for 7E004.a.7. This new STA paragraph conforms to the exclusion being
added to License Exception STA under paragraph (b)(2)(vii) for 7E004
``technology,'' except for ``technology'' controlled under 7E004.a.7.
    ECCN 9A101 is amended by revising the ``related definitions''
paragraph in the List of Items Controlled section to

add an ECCN-specific definition for `maximum thrust value.' (MTCR Annex
Change, Category II: Item 3.A.1.a.1., Technical Note, Berlin 2012
Plenary). There is a possible discrepancy between the actual thrust
value of an engine and what it is certified to, which could lead to
certain engines used on small aircraft being unintentionally caught by
this control. This definition coincides with the way BIS currently
interprets this control. However, this interpretation was not true of
all MTCR Partners and the addition of the note makes the control more
uniform. This clarification will have no impact on the number of
license applications received by BIS.
    ECCN 9B105 is amended by replacing the term wind tunnels in the
heading with the term `aerodynamic test facilities' (which, as noted in
the new technical note described below, includes wind tunnels and shock
tunnels), adding a note, and adding one technical note to the ``items''
paragraph in the List of Items Controlled section. (MTCR Annex Change,
Category II: Item 15.B.2., Berlin 2012 Plenary). The new note is an
exclusion note specifying that ECCN 9B105 does not control wind tunnels
for speeds of Mach 3 or less with the dimension of the test cross
section size equal to or less than 250 mm. This specific decontrol
helps to clarify what is usable for rockets, missiles, or unmanned
aerial vehicles capable of achieving a range equal to or greater than
300 km and the subsystems of these items. This final rule also adds two
new technical notes to assist the public in understanding and applying
the revised ECCN 9B105. The first technical note clarifies that
`aerodynamic test facilities' includes wind tunnels and shock tunnels
for the study of airflow over objects. This final rule adds the second
technical note to assist the public in understanding and applying the
new exclusion note for 9B105 by clarifying that `test cross section
size' means the diameter of the circle, or the side of the square, or
the longest side of the rectangle, or the major axis of the ellipse at
the largest test cross section location. In addition, this second new
technical note clarifies that the `test cross section' is the section
perpendicular to the flow direction.
    ECCN 9D004 is amended by revising the MT control(s) paragraph in
the License Requirements section to indicate the MT control does not
apply to this entry. This change is made to more closely align the
scope of this MT control with the MTCR Annex. (No MTCR Annex reference
is applicable to all of the software described in 9D004; CCL Conforming
Change to MTCR Annex). This change will result in the removal of the MT
control on 9D004 software, as the corresponding MTCR Annex entry
related to this control is already controlled in ECCN 9D104. However,
because the 9D004 software remains controlled for NS reasons, the
impact on the number of license applications received per year will be
minimal, resulting in a decrease of one or two per year. Lastly, to
alert people regarding other related software controls, 9D004 is
amended by revising the ``related controls'' paragraph in the List of
Items Controlled section to add a reference to 9D104.
    ECCN 9E101 is amended by revising the heading and the ``related
controls'' paragraph in the List of Items Controlled section to add a
reference to ECCN 9A103. (MTCR Annex Change, Category II: Item 3.E.1.,
Paris 2011 RPOC). This final rule makes this change because the MTCR
Annex was updated to include technology for liquid propellant tanks
specially designed for propellants specified by 4.C. in the Annex or
used in Category I rocket systems. These commodities and the related
technology are ``subject to the ITAR,'' and the commodities are
referenced on the CCL under 9A103. This change will have no impact on
the number of license applications received by BIS because ECCNs 9E101
and 9A103 are both ``subject to the ITAR,'' so the change is limited to
updating the scope of an ECCN cross reference between two ECCNs that
are ``subject to the ITAR.'' The heading has also been changed to
reflect that the MT control only applies to 9A012 commodities that are
themselves controlled for MT reasons. This change is made to more
closely align the scope of this MT control with the MTCR Annex.
(Category II: Item 19.A.2., CCL Conforming Change to MTCR Annex). This
clarification will have no impact on the number of license applications
received by BIS.

Savings Clause

    Shipments of items removed from eligibility for a License Exception
or export or reexport without a license (NLR) as a result of this
regulatory action that were on dock for loading, on lighter, laden
aboard an exporting or reexporting carrier, or en route aboard a
carrier to a port of export or reexport, on July 16, 2013, pursuant to
actual orders for export or reexport to a foreign destination, may
proceed to that destination under the previous eligibility for a
License Exception or export or reexport without a license (NLR) so long
as they are exported or reexported before August 15, 2013. Any such
items not actually exported or reexported before midnight, on August
15, 2013, require a license in accordance with this rule.
    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March
8, 2013, 78 FR 16129 (March 13, 2013), and as extended by the Notice of
August 15, 2012, 77 FR 49699 (August 16, 2012), 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.

Regulatory Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be not significant for
purposes of Executive Order 12866.
    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 rule affects the following approved collection:
Simplified Network Application Processing System (control number 0694-
0088), which includes, among other things, license applications and
carries a burden estimate of 58 minutes for a manual or electronic
submission. Send comments regarding these burden estimates or any other
aspect of these collections of information, including suggestions for
reducing the burden, to OMB Desk Officer, New Executive Office
Building, Washington, DC 20503; and to Jasmeet Seehra, OMB Desk
Officer, by email at<EMAIL_ADDRESS>or by fax to (202)
395-7285; and to the Office of Administration, Bureau of Industry and
Security, Department of Commerce, 14th and Pennsylvania Avenue NW.,
Room 6622, Washington, DC 20230.

    3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). Immediate
implementation of these amendments fulfills the United States'
international obligations to the MTCR. The MTCR contributes to
international security and regional stability by promoting greater
responsibility in transfers of missile technology items, thus
preventing destabilizing accumulations of such items. The MTCR consists
of 34 member countries that act on a consensus basis and the changes
set forth in this rule implement agreements reached by MTCR member
countries at the October 2012 Plenary in Berlin, Germany and at the
MTCR Reinforced Point of Contact (RPOC) meeting in Paris, France in
December 2011. Since the United States is a significant exporter of the
items in this rule, implementation of this provision is necessary for
the MTCR to achieve its purpose. Moreover, it is in the public's
interest to waive the notice and comment requirements, as any delay in
implementing this rule will disrupt the movement of affected items
globally because of disharmony between export control measures
implemented by MTCR members, resulting in tension between member
countries. Export controls work best when all countries implement the
same export controls in a timely manner. If this rulemaking were
delayed to allow for notice and comment and a 30 day delay in
effectiveness, it would prevent the United States from fulfilling its
commitment to the MTCR in a timely manner, would injure the credibility
of the United States in this and other multilateral regimes, and may
impair the international communities' ability to effectively control
the export of certain potentially national- and international-security-
threatening materials.
    Further, no other law requires that a notice of proposed rulemaking
and an opportunity for public comment be given for this final rule.
Because a notice of proposed rulemaking and an opportunity for public
comment are not required to be given for this rule under the
Administrative Procedure Act or by any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable. Therefore, this regulation is issued in final form.

List of Subjects

15 CFR Part 740

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

15 CFR Part 772

    Exports.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.
    Accordingly, parts 740, 772 and 774 of the Export Administration
Regulations (15 CFR parts 730-774) are amended as follows:

PART 740--[AMENDED]

0
1. The authority citation for 15 CFR part 740 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 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; Notice
of August 15, 2012, 77 FR 49699 (August 16, 2012).

0
2. Section 740.20 is amended:
0
a. By redesignating paragraphs (b)(2)(vii) through (b)(2)(ix) as
paragraphs (b)(2)(viii) through (b)(2)(x); and
0
b. By adding paragraph (b)(2)(vii) to read as follows:

Sec.  740.20  License Exception Strategic Trade Authorization (STA).

* * * * *
    (b) * * *
    (2) * * *
    (vii) Commerce Control List Category 7 limitation on use of License
Exception STA. License Exception STA may not be used for 7E004
``technology,'' except for ``technology'' controlled under 7E004.a.7.
* * * * *

PART 772--[AMENDED]

0
3. The authority citation for 15 CFR part 772 continues to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
15, 2012, 77 FR 49699 (August 16, 2012).

0
4. Section 772.1 is amended by revising Technical Notes b of the
``payload'' definition as set forth below:

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

* * * * *

Payload. * * *

TECHNICAL NOTES:
    a. * * *
    b. Space Launch Vehicles--``Payload'' includes:
    1. Spacecraft (single or multiple), including satellites;
    2. Spacecraft-to-launch vehicle adapters including, if applicable,
apogee/perigee kick motors or similar maneuvering systems;
* * * * *

PART 774--[AMENDED]

0
5. 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 15, 2012, 77 FR 49699 (August 16, 2012).

0
6. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1C011 is amended:
0
a. By revising the heading; and
0
b. By revising the ``MT'' paragraph in the License Requirements section
to read as follows:

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

* * * * *
1C011 Metals and compounds, other than those specified in 1C111, as
follows (see List of Items Controlled).

License Requirements

Reason for Control: * * *

                Control(s)                          Country chart

                                * * * * *
MT applies to 1C011.a and .b for items      MT Column 1.
 that meet or exceed the parameters in
 1C111.

                                * * * * *

* * * * *

0
7. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1C111 is amended:
0
a. By revising ``items'' paragraphs a.1, introductory text of paragraph
a.2, paragraph a.2.a.2 and paragraph a.2.a.3 in the List of Items
Controlled section;

0
b. By removing ``items'' paragraph a.2.a.4 in the List of Items
Controlled section;
0
c. By adding ``items'' paragraph a.2.b in the List of Items Controlled
section; and
0
d. By adding a note to at the end of the ``items'' paragraph in the
List of Items Controlled section after ``items'' paragraph c.5 to read
as follows:

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

List of Items Controlled

* * * * *
Items:
* * * * *
    a.1. Spherical or spheroidal aluminum powder in particle of size
of less than 200 x 10-\6\ m (200 [mu]m) and with an
aluminum content of 97% by weight or more, if at least 10% of the
total weight is made up of particles of less than 63 [mu]m,
according to ISO 2591:1988 or national equivalents.

    Technical Note: * * *

    a.2. Metal powders and alloys where at least 90% of the total
particles by particle volume or weight are made up of particles of
less than 60 [micro]m (determined by measurement techniques such as
using a sieve, laser diffraction or optical scanning), whether
spherical, atomized, spheroidal, flaked or ground, as follows:
* * * * *
    a.2.a.2. Beryllium; or
    a.2.a.3. Magnesium.
    a.2.b Boron or boron alloys with a boron content of 85% or more
by weight.

    Technical Note: * * *
* * * * *

    Note:  In a multimodal particle distribution (e.g., mixtures of
different grain sizes) in which one or more modes are controlled,
the entire powder mixture is controlled.

0
8. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1C116 is amended:
0
a. By revising the heading;
0
b. By revising the ``items'' paragraph in the List of Items Controlled
section; and
0
c. By adding a new ``technical note'' to the `items'' paragraph in the
List of Items Controlled section to read as follows:

1C116 Maraging steels having both of the following (see List of
Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
    a. Having an ultimate tensile strength, measured at 20[deg]C,
equal to or greater than:
    a.1. 0.9 GPa in the solution annealed stage; or
    a.2. 1.5 GPa in the precipitation hardened stage; and
    b. Any of the following forms:
    b.1 Sheet, plate or tubing with a wall or plate thickness equal
to or less than 5.0 mm;

or

    b.2 Tubular forms with a wall thickness equal to or less than 50
mm and having an inner diameter equal to or greater than 270 mm.

    Technical Note:

    Maraging steels are iron alloys that are generally:
    a. Characterized by high nickel, very low carbon content and use
substitutional elements or precipitates to produce strengthening and
age-hardening of the alloy; and
    b. Subjected to heat treatment cycles to facilitate the
martensitic transformation process (solution annealed stage) and
subsequently age hardened (precipitation hardened stage).

0
9. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7E004 is amended:
0
a. By revising the ``MT'' paragraph in the License Requirements
section;
0
b. By adding a License Exception STA paragraph at the end of the
License Exceptions section; and
0
c. By revising the ``related controls'' paragraph in the List of Items
Controlled section, to ready as follows.

7E004 Other ``technology'' as follows (see List of Items
Controlled).

License Requirements

Reason for Control: * * *

                Control(s)                          Country chart

                                * * * * *
MT applies to ``technology'' for equipment  MT Column 1.
 or systems controlled for MT reasons.

                                * * * * *

License Exceptions

* * * * *
STA: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for 7E004, except for
7E004.a.7. (2) Paragraph (c)(2) of License Exception STA (Sec.
740.20(c)(2) of the EAR) may not be used for 7E004, except for
7E004.a.7.

List of Items Controlled

* * * * *
Related Controls: (1) See 0D521 No. 2 (``source code'' for the
``development'' of fly-by-wire control systems), 0E521 No. 6 (for
``technology'' for the ``development'' of ``software'' controlled by
0D521 No. 2). (2) See also 7E001, 7E002, 7E101, and 7E994. (3) In
addition to the Related Controls in 7E001, 7E002, and 7E101 that
include MT controls, also see the MT controls in 7E104 for design
``technology'' for the integration of the flight control, guidance,
and propulsion data into a flight management system, designed or
modified for rockets or missiles capable of achieving a ``range''
equal to or greater than 300 km, for optimization of rocket system
trajectory; and also see 9E101 for design ``technology'' for
integration of air vehicle fuselage, propulsion system and lifting
control surfaces, designed or modified for unmanned aerial vehicles
capable of achieving a ``range'' equal to or greater than 300 km, to
optimize aerodynamic performance throughout the flight regime of an
unmanned aerial vehicle.
* * * * *

0
10. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A101 is amended:
0
a. By revising the ``related definitions'' paragraph in the List of
Items Controlled section; and
0
b. By adding single quotes around the phrase `maximum thrust value' in
``items'' paragraph a.1 in the List of Items Controlled section to read
as follows:

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

List of Items Controlled

* * * * *
Related Definitions: `Maximum thrust value' in 9A101.a.1 is the
manufacturer's demonstrated maximum thrust for the engine type un-
installed. The civil type certified thrust value will be equal to or
less than the manufacturer's demonstrated maximum thrust for the
engine type.
* * * * *

0
11. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9B105 is amended:
0
a. By revising the heading; and
0
b. By adding a new ``note'' and two new ``technical notes'' to the end
of the `items'' paragraph in the List of Items Controlled section to
read as follows:

9B105 `Aerodynamic test facilities' for speeds of Mach 0.9 or more,
usable for rockets, missiles, or unmanned aerial vehicles capable of
achieving a ``range'' equal to or greater than 300 km and their
subsystems.
* * * * *

List of Items Controlled

* * * * *

Items: * * *

    Note: 9B105 does not control wind tunnels for speeds of Mach 3
or less with the dimension of the `test cross section size' equal to
or less than 250 mm.

    Technical Notes:

    1. `Aerodynamic test facilities' includes wind tunnels and shock
tunnels for the study of airflow over objects.
    2. `Test cross section size' means the diameter of the circle,
or the side of the square, or the longest side of the rectangle, or
the major axis of the ellipse at the largest `test cross section'
location. `Test cross section' is the section perpendicular to the
flow direction.

0
12. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9D004 is amended:
0
a. By removing the ``MT'' paragraph in the License Requirements
section; and
0
b. By revising the ``related controls'' paragraph in the List of Items
Controlled section to read as follows:

9D004 Other ``software'' as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: See also 9D104.
* * * * *

0
13. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9E101 is amended:
0
a. By revising the heading; and
0
b. By revising the ``related controls'' paragraph in the List of Items
Controlled section to read as follows:

9E101 ``Technology'' according to the General Technology Note for
the ``development,'' ``production,'' or ``use'' of commodities or
software controlled by 9A012 (for MT controlled commodities only),
9A101, 9A103 to 9A111, 9A115 to 9A119, 9C110, 9D101, 9D103, 9D104 or
9D105.
* * * * *

List of Items Controlled

* * * * *
Related Controls: ``Technology'' controlled by 9E101 for items in
9A101.b, 9A103 to 9A111, 9A115 to 9A119, 9D103, and 9D105 is
``subject to the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *

Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2013-16954 Filed 7-15-13; 8:45 am]
BILLING CODE 3510-33-P