Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 64657

Federal Aviation Regulations (14 CFR 

part 71) as follows:

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; ROUTES; AND REPORTING 

POINTS

■ 1. 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 Federal Aviation 

Administration Order 7400.9M, 

Airspace Designations and Reporting 

Points, dated august 30, 2004, and 

effective September 16, 2004, is 

amended as follows: 

Paragraph 500 Class D Airspace Areas 

Extending Upward From the Surface of 

the Earth.

* * * * *

ASW NM D Alamogordo, TX 

[Revised] 

Alamogordo, Holloman AFB, NM 

Lat. 32°51′09′′ N, long. 106°06′23′′ W 

Alamogordo-White Sands Regional 

Airport, NM 

Lat. 32°50′24′′ N, long. 105°59′26′′ W 

Holloman ILS Localizer 

Lat. 32°49′48′′ N, long. 106°06′31′′ W

That airspace extending upward from 

the surface up to and including 6,600 

feet MSL within a 4.8-mile radius of 

Holloman AFB, NM and within 1 mile 

each side of the Holloman ILS Localizer 

northwest course extending from the 

4.8-mile radius to 5.4 miles northwest of 

the airport excluding that airspace 

within 2-mile radius of the AlamogordoWhite Sands Regional Airport, NM.

* * * * *

Issued in Fort Worth, TX, on October 25, 

2004. 

Herman J. Lyons, Jr., 

Area Director, Central En Route and Oceanic 

Operations.

[FR Doc. 04–24848 Filed 11–5–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF COMMERCE

Bureau of Industry and Security 

15 CFR Parts 740 and 744

[Docket No. 040818241–4241–01] 

RIN 0694–AC46

Revisions to the Export Administration 

Regulations: Removal of the List of 

Missile Projects and Expansion of 

Missile-Related End-Use and End-User 

Controls

AGENCY: Bureau of Industry and 

Security, Commerce.

ACTION: Interim rule.

SUMMARY: This interim rule amends the 

Export Administration Regulations 

(EAR) by removing the list of missile 

projects of concern and expanding 

license requirements for missile-related 

end-users and end-uses. This rule 

expands the scope of end-uses to which 

a license requirement applies to include 

certain rocket and unmanned air vehicle 

activities in certain countries of concern 

for missile proliferation reasons. In 

addition, this rule implements a new 

license requirement for exports, 

reexports and transfers anywhere in the 

world that applies when you know or 

are informed that an item subject to the 

EAR will be used in rocket systems or 

unmanned air vehicles of any range for 

the delivery of chemical, biological or 

nuclear weapons. These changes to the 

end-use and end-user controls are 

necessary to meet U.S. nonproliferation 

objectives and are consistent with the 

Missile Technology Control Regime 

(MTCR) Guidelines.

DATES: This rule is effective November 

8, 2004.

ADDRESSES: You may submit comments, 

identified by RIN 0694–AC46, by any of 

the following methods: 

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: mblaskov@bis.doc.gov. 

Include ‘‘RIN 0694–AC46’’ in the 

subject line of the message. 

• Fax: (202) 482–3355. 

• Mail or Hand Delivery/Courier:

Matthew Blaskovich, U.S. Department 

of Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

14th & Pennsylvania Avenue, NW., 

Room 2705, Washington, DC 20230, 

ATTN: RIN 0694–AC46.

FOR FURTHER INFORMATION CONTACT:

Steven B. Clagett, Director, Nuclear and 

Missile Technology Controls Division, 

Bureau of Industry and Security, 

Telephone: (202) 482–1641.

SUPPLEMENTARY INFORMATION: 

Background 

Current License Requirements for 

Missile-Related End-Uses/End-Users.

Section 742.5 of the Export 

Administration Regulations (EAR) 

requires a license for the export or 

reexport to all destinations (except 

Canada) of those dual-use items 

specifically identified on the Commerce 

Control List (CCL) as controlled for 

missile technology (MT) reasons. 

Section 744.3 of the EAR also requires 

a license for the export or reexport of 

any item subject to the EAR, when the 

exporter knows or has reason to know 

that the item (1) is destined for a missile 

project listed in the footnote to Country 

Group D:4 in Supplement 1 to part 740 

of the EAR, or (2) will be used in the 

design, development, production, or use 

of missiles in or by a country listed in 

Country Group D:4, whether or not the 

use involves a project listed in the 

footnote. ‘‘Missile’’ is defined in the 

EAR as a rocket system or unmanned air 

vehicle system capable of delivering at 

least 500 kilograms payload to a range 

of at least 300 kilometers. The list of 

missile projects set forth in the footnote 

to Supplement No. 1 to part 740 

includes only those projects meeting the 

‘‘missile’’ payload and range criteria. 

Removal of List of Missile Projects in 

D:4 Countries. This rule removes the list 

of missile projects in D:4 countries set 

forth in the footnote in Supplement No. 

1 to Part 740 of the EAR because the 

activities subject to the license 

requirement set forth in 744.3 are no 

longer limited to ‘‘missile’’ projects with 

a certain payload and range capability. 

The referenced activities are expanded, 

by this rule, to include any rocket 

system or unmanned air vehicle with a 

range of 300 kilometers to be used in 

D:4 countries. 

Worldwide License Requirement for 

Delivery Systems for Chemical, 

Biological or Nuclear Weapons. This 

rule implements a new license 

requirement in section 744.3 for exports, 

reexports and transfers to anywhere in 

the world that applies when you know, 

or are informed, that an item subject to 

the EAR will be used in rocket systems 

or unmanned air vehicles of any range 

for the delivery of chemical, biological 

or nuclear weapons.

Expansion of End-Use License 

Requirement for Country Group D:4 

Countries. This rule revises the license 

requirements under section 744.3 of the 

EAR to provide that a license is required 

for the export, reexport or transfer of 

any item subject to the EAR if you 

know, or are informed, that the item 

will be used in the design, development, 

production or use of rocket systems or 

64658 Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 

unmanned air vehicles capable of a 

range of at least 300 kilometers in or by 

a country listed in Country Group D:4. 

This rule also provides that a license is 

required if you know that the item will 

be used in the design, development, 

production or use of rocket systems or 

unmanned air vehicles in or by a 

country listed in Country Group D:4, but 

are unable to determine the 

characteristics (i.e., range capabilities) 

of the rocket systems or unmanned air 

vehicles, or whether the rocket systems 

or unmanned air vehicles, regardless of 

range capabilities, are used for the 

delivery of chemical, biological, or 

nuclear weapons. 

For purposes of this rule, ‘‘rocket 

systems’’ include, but are not limited to, 

ballistic missile systems, space launch 

vehicles, and sounding rockets. 

‘‘Unmanned air vehicles’’ include, but 

are not limited to, cruise missile 

systems, target drones and 

reconnaissance drones. This rule adds 

these definitions in a note to section 

744.3 of the EAR. 

This rule imposes new export controls 

for foreign policy reasons. As required 

by section 6 of the Export 

Administration Act of 1979, as amended 

(the Act), a report on the imposition of 

these controls was delivered to Congress 

on September 20, 2004. 

Although the Act expired on August 

20, 2001, Executive Order 13222 of 

August 17, 2001 (3 CFR, 2001 Comp., p. 

783 (2002)), as extended by the Notice 

of August 6, 2004, 69 FR 48763 (August 

10, 2004), continues the EAR in effect 

under the International Emergency 

Economic Powers Act. 

Savings Clause 

Shipments of items that are subject to 

a license requirement as a result of this 

regulatory action that were on dock for 

loading, on lighter, laden aboard an 

exporting carrier, or en route aboard a 

carrier to a port of export, on November 

8, 2004, pursuant to actual orders for 

export to a foreign destination, may 

proceed to that destination without a 

license so long as they have been 

exported from the United States before 

December 8, 2004. Any such items not 

actually exported before midnight, on 

December 8, 2004, require a license in 

accordance with this regulation. 

Rulemaking Requirements 

1. 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 shall any person be 

subject to a penalty for failure to comply 

with a collection of information, subject 

to the requirements of the Paperwork 

Reduction Act, unless that collection of 

information displays a currently valid 

Office of Management and Budget 

Control Number. This rule involves a 

collection of information subject to the 

Paperwork Reduction Act of 1980 (44 

U.S.C. 3501 et seq.). This collection has 

been approved by the Office of 

Management and Budget under control 

number 0694–0088, ‘‘Multi-Purpose 

Application,’’ which carries a burden 

hour 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 

David Rostker, Office of Management 

and Budget (OMB), by e-mail to 

David_Rostker@omb.eop.gov, 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 6883, Washington, DC 20230. 

3. This rule does not contain policies 

with federalism implications as that 

term is defined in Executive Order 

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 (Sec. 5 U.S.C. 553(a)(1)). Further, 

no other law requires that a notice of 

proposed rulemaking and an 

opportunity for public comment be 

given for this interim rule. Because a 

notice of proposed rulemaking and an 

opportunity for public comment are not 

required to be given for this rule under 

5 U.S.C. 553 or by any other law, the 

analytical requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) are not applicable. 

However, because of the importance 

of the issues raised by these regulations, 

this rule is being issued in interim form 

and BIS will consider comments in the 

development of the final regulations. 

Accordingly, BIS encourages interested 

persons who wish to comment to do so 

at the earliest possible time to permit 

the fullest consideration of their views.

The period for submission of 

comments will close December 23, 

2004. BIS will consider all comments 

received before the close of the 

comment period in developing final 

regulations. Comments received after 

the end of the comment period will be 

considered if possible, but their 

consideration cannot be assured. BIS 

will not accept public comments 

accompanied by a request that a part or 

all of the material be treated 

confidentially because of its business 

proprietary nature or for any other 

reason. BIS will return such comments 

and materials to the persons submitting 

the comments and will not consider 

them in the development of final 

regulations. All public comments on 

these regulations will be a matter of 

public record and will be available for 

public inspection and copying. In the 

interest of accuracy and completeness, 

BIS requires comments in written form. 

Oral comments must be followed by 

written memoranda, which will also be 

a matter of public record and will be 

available for public review and copying. 

Communications from agencies of the 

United States Government or foreign 

governments will not be available for 

public inspection. 

The public record concerning these 

comments will be maintained in the 

Bureau of Industry and Security, Office 

of Administration, U.S. Department of 

Commerce, Room 6883, 14th Street and 

Constitution Avenue, NW., Washington, 

DC 20230; (202) 482–2165. This 

component does not maintain a separate 

public inspection facility. Requesters 

should first view BIS’s FOIA Web site 

(which can be reached through http://

www.bis.doc.gov/foia). If the records 

sought cannot be located at this site, or 

if the requester does not have access to 

a computer, please call the phone 

number above for assistance. 

Please refer to the ADDRESSES section 

cited above for comment submission.

List of Subjects 

15 CFR Part 740

Exports, Foreign trade, Reporting and 

Recordkeeping requirements. 

15 CFR Part 744

Exports, Foreign trade, Reporting and 

Recordkeeping requirements.

■ Accordingly, parts 740 and 744 of the 

Export Administration Regulations (15 

CFR Parts 730–799) are amended as 

follows:

PART 740—[AMENDED]

■ 1. The authority citation for 15 CFR 

part 740 is revised to read as follows:

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

U.S.C. 1701 et seq.; Sec. 901–911, Pub. L. 

106–387; 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 

6, 2004, 69 FR 48763 (August 10, 2004).

■ 2. Supplement No. 1 to part 740 is 

amended by removing the footnote to 

Country Group D:4, and all footnote 

references in the table.

Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 64659

PART 744—[AMENDED]

■ 3. The authority citation for 15 CFR 

part 744 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. 3201 et seq.; 

42 U.S.C. 2139a; Sec. 901–911, Pub. L. 106–

387; Sec. 221, Pub. L. 107–56; E.O. 12058, 43 

FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 

12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 

608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 

Comp., p. 950; E.O. 12947, 60 FR 5079, 3 

CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 

58767, 3 CFR, 1996 Comp., p. 228; E.O. 

13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 

208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; E.O. 13224, 66 FR 49079, 3 

CFR, 2001 Comp., p. 786; Notice of October 

29, 2003, 68 FR 62209, 3 CFR, 2003 Comp., 

p. 347; Notice of August 6, 2004, 69 FR 48763 

(August 10, 2004).

■ 4. Section 744.3 is amended by 

revising the section heading and 

paragraphs (a), (b) and (d) to read as 

follows:

§ 744.3 Restrictions on Certain Rocket 

Systems (including ballistic missile 

systems and space launch vehicles and 

sounding rockets) and Unmanned Air 

Vehicles (including cruise missile systems, 

target drones and reconnaissance drones) 

End-Uses. 

(a) General prohibition. In addition to 

the license requirements for items 

specified on the CCL, you may not 

export, reexport, or transfer (in-country) 

an item subject to the EAR, without a 

license if at the time of the export, 

reexport or transfer you know the item: 

(1) Will be used in the design, 

development, production or use of 

rocket systems or unmanned air 

vehicles capable of a range of at least 

300 kilometers in or by a country listed 

in Country Group D:4 of Supplement 

No. 1 to part 740 of the EAR. 

(2) Will be used, anywhere in the 

world, in rocket systems or unmanned 

air vehicles, regardless of range 

capabilities, for the delivery of 

chemical, biological, or nuclear 

weapons; or 

(3) Will be used in the design, 

development, production or use of any 

rocket systems or unmanned air 

vehicles in or by a country listed in 

Country Group D:4, but you are unable 

to determine: 

(i) The characteristics (i.e., range 

capabilities) of the rocket systems or 

unmanned air vehicles, or 

(ii) Whether the rocket systems or 

unmanned air vehicles, regardless of 

range capabilities, will be used in a 

manner prohibited under paragraph 

(a)(2) of this section.

Note to paragraph (a) of this section: For 

the purposes of this section, ‘‘Rocket 

Systems’’ include, but are not limited to, 

ballistic missile systems, space launch 

vehicles, and sounding rockets. Also, for the 

purposes of this section, ‘‘unmanned air 

vehicles’’ include, but are not limited to, 

cruise missile systems, target drones and 

reconnaissance drones.

(b) Additional prohibition. BIS may 

inform, either individually, by specific 

notice, or generally through amendment 

to the EAR, that a license is required for 

a specific export, reexport or transfer of 

specified items to a certain end-user, 

anywhere in the world, because there is 

an unacceptable risk of use in or 

diversion to activities described in 

paragraphs (a)(1) or (a)(2) of this section. 

Specific notice is to be given only by, 

or at the direction of, the Deputy 

Assistant Secretary for Export 

Administration. When such notice is 

provided orally, it will be followed by 

a written notice within two working 

days signed by the Deputy Assistant 

Secretary for Export Administration. 

However, the absence of any such 

notification does not excuse noncompliance with the license 

requirements of paragraphs (a)(1), (a)(2), 

or (a)(3) of this section.

* * * * *

(d) License Review Standards. (1) 

Applications to export, reexport or 

transfer the items subject to this section 

will be considered on a case-by-case 

basis to determine whether the export, 

reexport or transfer would make a 

material contribution to the 

proliferation of certain rocket systems, 

or unmanned air vehicles. When an 

export, reexport or transfer is deemed to 

make a material contribution, the 

license will be denied. 

(2) The following factors are among 

those that will be considered to 

determine what action should be taken 

on an application required by this 

section: 

(i) The specific nature of the end use; 

(ii) The significance of the export, 

reexport or transfer in terms of its 

contribution to the design, 

development, production or use of 

certain rocket systems or unmanned air 

vehicles; 

(iii) The capabilities and objectives of 

the rocket systems or unmanned air 

vehicles of the recipient country; 

(iv) The nonproliferation credentials 

of the importing country; 

(v) The types of assurances or 

guarantees against design, development, 

production, or use for certain rocket 

system or unmanned air vehicle 

delivery purposes that are given in a 

particular case; and 

(vi) The existence of a pre-existing 

contract.

Dated: October 27, 2004. 

Peter Lichtenbaum, 

Assistant Secretary for Export 

Administration.

[FR Doc. 04–24857 Filed 11–5–04; 8:45 am] 

BILLING CODE 3510–33–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory 

Commission 

18 CFR Part 375

[Docket No. RM04–13–000] 

Delegations of Authority 

Issued November 1, 2004.

AGENCY: Federal Energy Regulatory 

Commission.

ACTION: Final rule.

SUMMARY: The Federal Energy 

Regulatory Commission is amending its 

regulations governing delegations of 

authority to reflect a recent internal 

reorganization. The change is necessary 

to transfer certain authority to the 

official now responsible for the affected 

functions.

EFFECTIVE DATE: The rule will become 

effective November 8, 2004.

FOR FURTHER INFORMATION CONTACT:

Wilbur Miller, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426. 

(202) 502–8953.

SUPPLEMENTARY INFORMATION:

Before Commissioners: Pat Wood, III, 

Chairman; Nora Mead Brownell, Joseph T. 

Kelliher, and Suedeen G. Kelly.

Delegations of Authority; Docket No. 

RM04–13–000; Order No. 650; Final 

Rule 

1. This final rule revises the Federal 

Energy Regulatory Commission’s 

(Commission) regulations governing 

delegations of authority to reflect a 

recent internal reorganization. The 

changes will become effective 

immediately. 

2. The Commission’s Division of 

Regulatory Audits has been moved from 

the Office of the Executive Director 

(OED) to the Office of Market Oversight 

and Investigations (OMOI). It has been 

renamed the Division of Financial 

Audits (DFA). Among DFA’s duties are 

financial audits, in which it reviews the 

accounting records and financial 

statements of jurisdictional companies 

to determine if they are complying with 

requirements of the Uniform Systems of 

Accounts and related Regulations of the 

Commission. DFA also performs other 

types of audits, in which it reviews the