Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Rules and Regulations 12279 

has identified two reporting points that 

need to be amended to align with their 

actual locations. No changes to the 

routing or procedures are being made. 

Several reporting points are no longer 

needed for air traffic control and are 

being removed, and one reporting point 

is being renamed. Accordingly, since 

this is an administrative change and 

does not involve a change in the 

dimension or operating requirements of 

this airspace, notice and public 

procedures under 5 U.S.C. 553 (b) are 

unnecessary. 

Hawaiian Reporting Points are listed 

in paragraph 7006 of FAA Order 

7400.9U dated August 18, 2010, and 

effective September 15, 2010, which is 

incorporated by reference in 14 CFR 

71.1. The Reporting Points listed in this 

document will be published 

subsequently in the Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

amending two Reporting Points (EELIC 

and TOADS) to reflect their actual 

locations. Additionally, the SILVA 

reporting point will be renamed 

SYVAD, and adjusted to reflect its 

actual location. The LULUS, NIEMO, 

and PADDI Reporting Points will be 

removed. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it amends Reporting Points in Hawaii. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, Environmental Impacts: 

Polices and Procedures, paragraph 311a. 

This airspace action is not expected to 

cause any potentially significant 

environmental impacts, and no 

extraordinary circumstances exist that 

warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, and 

effective September 15, 2010, is 

amended as follows: 

Paragraph 7006—Hawaiian reporting points. 

* * * * * 

EELIC [Amended] 

Lat. 19°27′26′′ N., long. 153°18′23′′ W. (INT 

Hilo, HI, 099° radial and the Honolulu 

CTA/FIR boundary). 

TOADS [Amended] 

Lat. 22°46′09′′ N., long. 156°41′46′′ W. (INT 

Mollkai, HI, 015° radial and the 

Honolulu CTA/FIR boundary). 

SYVAD [Amended] 

INT South Kauai, HI, 271° radial and long. 

162°45′29′′ W. 

LULUS: [Removed] 

NIEMO: [Removed] 

PADDI: [Removed] 

SILVA: [Removed] 

Issued in Washington, DC, on February 28, 

2011. 

Edith V. Parish, 

Manager, Airspace, Regulation and ATC 

Procedures Group. 

[FR Doc. 2011–4925 Filed 3–4–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 750 

[Docket No. 110224164–1168–02] 

RIN 0694–AF16 

Amendment to the Export 

Administration Regulations: 

Application Processing, Issuance, and 

Denial 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: In this final rule, the Bureau 

of Industry and Security (BIS) amends 

the Export Administration Regulations 

(EAR) by clarifying the Application 

Processing, Issuance, and Denial 

provisions concerning BIS’s authority to 

revise, suspend or revoke licenses. 

DATES: This rule is effective March 2, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Sheila Quarterman, Bureau of Industry 

and Security, Regulatory Policy 

Division, by phone at 202–482–2440, or 

by e-mail at rpd2@bis.doc.gov. 

SUPPLEMENTARY INFORMATION:

Amendment to the Export 

Administration Regulations: Part 750— 

Application Processing, Issuance, and 

Denial 

Part 750 of the EAR provides for the 

revision, suspension or revocation of 

licenses whenever it is known that the 

EAR have been violated or that a 

violation is about to occur. In this final 

rule, BIS revises the first sentence in 

paragraph (a) of Section 750.8 

(Revocation or suspension of licenses) 

by removing the phrase ‘‘whenever it is 

known that the EAR have been violated 

or that a violation is about to occur.’’ 

Harmonization is an objective for 

agencies under Executive Order 13563, 

which states: ‘‘In developing regulatory 

actions and identifying appropriate 

approaches, each agency shall attempt 

WReier-Aviles on DSKGBLS3C1PROD with RULES

12280 Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Rules and Regulations 

to promote such coordination, 

simplification, and harmonization.’’ 

This change will clarify BIS’s authority 

to revise, suspend, or revoke licenses 

and will harmonize Section 750.8(a) of 

the EAR, concerning licenses, with an 

analogous provision in Section 740.2(b) 

regarding the revision, suspension or 

revocation of license exceptions under 

the EAR. BIS makes this change in Part 

750 to make it clear and consistent with 

§ 740.2(b) that the United States’ ability 

to revoke or suspend a license is not 

limited to only when the EAR have been 

violated or that a violation is about to 

occur but also to prevent licensed 

export transactions in which the United 

States may subsequently have an 

interest, including a foreign policy 

interest. 

Since August 21, 2001, the Export 

Administration Act has been in lapse 

and the President, through Executive 

Order 13222 of August 17, 2001 (3 CFR, 

2001 Comp., p. 783 (2002)), as extended 

most recently by the Notice of August 

16, 2010 (75 FR 50681, August 16, 

2010), has continued the EAR in effect 

under the International Emergency 

Economic Powers Act. BIS continues to 

carry out the provisions of the Act, as 

appropriate and to the extent permitted 

by law, pursuant to Executive Order 

13222. 

Rulemaking Requirements 

1. This final rule has been determined 

to be significant for the purposes of 

Executive Order 12866. 

2. Notwithstanding any other 

provisions of law, no person is required 

to respond to nor be subject to a penalty 

for failure to comply with a collection 

of information, subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This rule does 

not involve a collection of information 

and, therefore, does not implicate 

requirements of the PRA. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. The Department finds that the 

provisions of the Administrative 

Procedure Act (5 U.S.C. 553) requiring 

prior notice, 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)) or, in the 

alternative, the Department for good 

cause finds that prior notice and 

opportunity for public comment are 

contrary to the public interest (5 U.S.C. 

553(b)(B)). It is contrary to the public 

interest to delay clarifying the 

Department’s authority to revise, 

suspend or revoke licenses because this 

delay may allow for the occurrence of 

certain export transactions that the 

United States has an interest, including 

a foreign policy interest, in preventing. 

Therefore, this regulation is issued in 

final form. In addition, the Department 

finds good cause under 5 U.S.C. 

553(d)(3) to waive the 30-day delay in 

effectiveness for the reasons provided 

above. Accordingly, this regulation is 

made effective immediately upon 

publication. 

No other law requires that a notice of 

proposed rulemaking and an 

opportunity for public comments 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. 

List of Subjects in 15 CFR Part 750 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

Accordingly, part 750 of the Export 

Administration Regulations (15 CFR 

Parts 730–774) is amended as follows: 

PART 750—[AMENDED] 

■ 1. The authority citation for 15 CFR 

Part 750 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; Sec 1503, Pub. L. 108– 

11, 117 Stat. 559: E.O. 13026, 61 FR 58767, 

3 CFR, 1996 Comp., p 228; E.O. 13222, 66 FR 

44025, 3 CFR, 2001 Comp., p. 783; 

Presidential Determination 2003–21 of May 

7, 2003, 68 FR 26459, May 16, 2003; Notice 

of August 12, 2010, 75 FR 50681 (August, 16, 

2010). 

§ 750.8 [Amended] 

■ 2. The first sentence of paragraph (a) 

of § 750.8 is amended by removing the 

text ‘‘whenever it is known that the EAR 

have been violated or that a violation is 

about to occur.’’ 

Dated: March 2, 2011. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2011–5079 Filed 3–2–11; 4:15 pm] 

BILLING CODE 3510–33–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0813; FRL–9239–6] 

Revisions to the California State 

Implementation Plan, for Imperial 

County, Kern County, and Ventura 

County; Air Pollution Control Districts 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Imperial County Air Pollution Control 

District (ICAPCD), Kern County Air 

Pollution Control District (KCAPCD), 

and Ventura County Air Pollution 

Control District (VCAPCD) portions of 

the California State Implementation 

Plan (SIP). Under authority of the Clean 

Air Act as amended in 1990 (CAA or the 

Act), we are approving local rules that 

define terms used in other air pollution 

regulations in these areas. 

DATES: This rule is effective on May 6, 

2011 without further notice, unless EPA 

receives adverse comments by April 6, 

2011. If we receive such comments, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2010–0813, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send email directly to EPA, your e-mail 

address will be automatically captured 

WReier-Aviles on DSKGBLS3C1PROD with RULES