68698 Federal Register / Vol. 76, No. 215 / Monday, November 7, 2011 / Proposed Rules 

developmental, production, or 

inventory aircraft that: 

(1) Are U.S.-origin aircraft that bear an 

original military designation of A, B, E, 

F, K, M, P, R or S; 

(2) Are foreign-origin aircraft 

‘‘specially designed’’ to provide 

functions equivalent to those of the 

aircraft listed in (a)(1) of this section; 

(3) Are armed or are ‘‘specially 

designed’’ to be used as a platform to 

deliver munitions or otherwise destroy 

targets (e.g., firing lasers, launching 

rockets, firing missiles, dropping bombs, 

or strafing); 

(4) Are strategic airlift aircraft capable 

of airlifting payloads over 35,000 lbs to 

ranges over 2,000 nm without being 

refueled in-flight into short or 

unimproved airfields; 

(5) Are capable of being refueled inflight; or 

(6) Incorporate any ‘‘mission systems’’ 

controlled under this subchapter. 

‘‘Mission systems’’ are defined as 

‘‘systems’’ (see § 121.8(g) of this 

subchapter) that are defense articles that 

perform specific military functions 

beyond airworthiness, such as by 

providing military communication, 

radar, active missile counter measures, 

target designation, surveillance, or 

sensor capabilities. 

(b) Aircraft ‘‘specially designed’’ for 

military applications that are not 

identified in (a) of this section are 

subject to the EAR under an ECCN to be 

determined, including any unarmed 

military aircraft, regardless of origin or 

designation, manufactured prior to 1956 

and unmodified since manufacture. 

Modifications made to incorporate 

safety of flight features or other FAA or 

NTSB modifications such as 

transponders and air data recorders are 

considered ‘‘unmodified’’ for the 

purposes of this subparagraph. 

Dated: October 28, 2011. 

Ellen O. Tauscher, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2011–28502 Filed 11–4–11; 8:45 am] 

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ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0773; FRL- 9487–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Revision to Nitrogen Oxides Budget 

Trading Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Virginia that revises 

regulatory language that inadvertently 

ended its nitrogen oxides (NOX) budget 

at the end of the 2008 ozone season. In 

the Final Rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

DATES: Comments must be received in 

writing by December 7, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0773 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. E-mail: fernandez.cristina@epa.gov 

C. Mail: EPA–R03–OAR–2011–0773, 

Cristina Fernandez, Associate Director, 

Office of Air Quality Planning, Mailcode 

3AP30, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2011– 

0773. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Powers, (215) 814–2308, or by 

email at powers.marilyn@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the ‘‘Rules and Regulations’’ 

section of this Federal Register 

publication. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule 

approving Virginia’s revision to its NOx 

Budget Trading program and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

Dated: October 25, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2011–28639 Filed 11–4–11; 8:45 am] 

BILLING CODE 6560–50–P 


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