64494 Federal Register / Vol. 69, No. 214 / Friday, November 5, 2004 / Rules and Regulations 

authorized to foreign nationals in an 

expired visa status. It is the 

responsibility of the exporter to ensure 

that, in the case of deemed exports, the 

foreign national maintains a valid U.S. 

visa, if required to hold a visa from the 

United States. 

(c) Reporting Requirement. See 

§ 743.1 of the EAR for reporting 

requirements for exports of certain items 

under this License Exception. 

(d) Foreign National Review (FNR) 

requirement for deemed exports. (1) 

Submission requirement. Prior to 

disclosing eligible technology to a 

foreign national under this License 

Exception, you must submit a Foreign 

National Review (FNR) request to BIS, 

as required under § 748.8(s) of the EAR. 

Your FNR request must include 

information about the foreign national 

required under § 748.8(t) of the EAR and 

set forth in Supplement No. 2 of part 

748 of the EAR. 

(2) Confirmation of eligibility. You 

may not use License Exception CIV 

until you have obtained confirmation of 

eligibility by calling the System for 

Tracking Export License Applications 

(STELA), see § 750.5 for how to use 

STELA, or electronically from the 

Simplified Network Application 

Procedure (SNAP), see http://

www.bis.doc.gov/SNAP/index.htm for 

more information about SNAP. 

(3) Action by BIS. Within nine 

business days of the registration of the 

FNR request, BIS will refer the FNR 

request electronically, along with all 

necessary documentation for 

interagency review, or if necessary 

return the FNR request without action 

(e.g., if the information provided is 

incomplete). Processing time starts at 

the point at which the notification is 

registered into BIS’s electronic system. 

(4) Review by other departments or 

agencies. The Departments of Defense, 

State, Energy, and other agencies, as 

appropriate, may review the FNR 

request. Within 30 calendar days of 

receipt of the BIS referral, the reviewing 

agency will provide BIS with a 

recommendation either to approve or 

deny the FNR request. A reviewing 

agency that fails to provide a 

recommendation within 30 days shall 

be deemed to have no objection to the 

final decision of BIS. 

(5) Action on the FNR Request. After 

the interagency review period, BIS will 

promptly notify the applicant regarding 

the FNR request, i.e., whether the FNR 

request is approved, denied, or more 

time is needed to consider the request.

PART 774—[AMENDED]

■ 3. The authority citation for 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); 18 U.S.C. 2510 et seq.; 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; 46 U.S.C. app. 

466c; 50 U.S.C. app. 5; Sec. 901–911, Pub. L. 

106–387; Sec. 221, Pub. L. 107–56; 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).

■ 4. In Supplement No. 1 to part 774 (the 

Commerce Control List), Category 3—

Electronics, Export Control 

Classification Number (ECCN) 3E001 is 

amended by revising the ‘‘CIV’’

paragraph in the License Exceptions 

section, to read as follows:

3E001 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘development’’ or ‘‘production’’ of 

equipment or materials controlled by 3A 

(except 3A292, 3A980, 3A981, 3A991 or 

3A992), 3B (except 3B991 or 3B992) or 3C.

* * * * *

License Exceptions 

CIV: Yes for deemed exports, as described 

in § 734.2(b)(2)(ii) of the EAR, of technology 

for the development or production of 

microprocessor microcircuits, microcomputer microcircuits, and microcontroller 

microcircuits having the characteristics 

described in 3A001.a.3.c with a CTP less 

than or equal to 40,000 MTOPS (regardless of 

word length or access width). Deemed 

exports under License Exception CIV are 

subject to a Foreign National Review (FNR) 

requirement, see § 740.5 of the EAR for more 

information about the FNR. License 

Exception CIV does not apply to ECCN 3E001 

technology for 3A001.a.3.c required for the 

development or production of other items 

controlled under ECCNs beginning with 3A, 

3B, or 3C, or to ECCN 3E001 technology also 

controlled under ECCN 3E003. 

TSR: * * *

* * * * *

■ 5. In Supplement No. 1 to part 774 (the 

Commerce Control List), Category 3—

Electronics, Export Control 

Classification Number (ECCN) 3E002 is 

amended by revising the ‘‘CIV’’

paragraph in the License Exceptions 

section, to read as follows:

3E002 ‘‘Technology’’ according to the 

General Technology Note other than that 

controlled in 3E001 for the ‘‘development’’ or 

‘‘production’’ of ‘‘microprocessor 

microcircuits’’, ‘‘micro-computer 

microcircuits’’ and microcontroller 

microcircuits having a ‘‘composite theoretical 

performance’’ (‘‘CTP’’) of 530 million 

theoretical operations per second (MTOPS) 

or more and an arithmetic logic unit with an 

access width of 32 bits or more.

* * * * *

License Exceptions 

CIV: Yes, for deemed exports, as described 

in § 734.2(b)(2)(ii) of the EAR, of 

‘‘technology’’ for the ‘‘development’’ or 

‘‘production’’ of general purpose 

microprocessors with a CTP less than or 

equal to 40,000 MTOPS (regardless of word 

length or access width). Deemed exports 

under License Exception CIV are subject to 

a Foreign National Review (FNR) 

requirement, see § 740.5 of the EAR for more 

information about the FNR. License 

Exception CIV does not apply to ECCN 3E002 

technology also required for the development 

or production of items controlled under 

ECCNs beginning with 3A, 3B, or 3C, or to 

ECCN 3E002 technology also controlled 

under ECCN 3E003. 

TSR: * * *

* * * * *

Dated: October 28, 2004. 

Peter Lichtenbaum, 

Assistant Secretary for Export 

Administration.

[FR Doc. 04–24680 Filed 11–4–04; 8:45 am] 

BILLING CODE 3510–33–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117

[CGD01–04–137] 

Drawbridge Operation Regulations: 

Connecticut River, CT

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the drawbridge operation 

regulations for the Amtrak Old 

Saybrook-Old Lyme Bridge, mile 3.4, 

across the Connecticut River, 

Connecticut. This deviation from the 

regulations allows the bridge to remain 

closed from 10 p.m. on November 15, 

2004 through 10 a.m. on November 16, 

2004. This deviation is necessary in 

order to facilitate necessary electrical 

repairs at the bridge.

DATES: This deviation is effective from 

November 15, 2004 through November 

16, 2004.

FOR FURTHER INFORMATION CONTACT: Judy 

Leung-Yee, Project Officer, First Coast 

Guard District, at (212) 668–7195.

SUPPLEMENTARY INFORMATION: The Old 

Saybrook-Old Lyme Bridge, at mile 3.4 

across the Connecticut River has a 

vertical clearance in the closed position 

of 19 feet at mean high water and 22 feet 

at mean low water. The existing 

Federal Register / Vol. 69, No. 214 / Friday, November 5, 2004 / Rules and Regulations 64495

1 In early 2005, the agency plans to begin a twoyear data collection of crashes involving a 

passenger car, light truck and sport utility vehicle 

or van rear-ending a medium/heavy duty truck or 

heavy trailer. This information will be used to 

determine the effectiveness of the underride guard 

standards since they went into effect.

drawbridge operating regulations are 

listed at 33 CFR 117.205(b). 

The owner of the bridge, Amtrak, 

requested a temporary deviation from 

the drawbridge operating regulations to 

facilitate electrical repairs at the bridge. 

This deviation to the operating 

regulations allows the Old SaybrookOld Lyme Bridge to remain closed from 

10 p.m. on November 15, 2004 through 

10 a.m. on November 16, 2004. 

In accordance with 33 CFR 117.35(c), 

this work will be performed with all due 

speed in order to return the bridge to 

normal operation as soon as possible. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35.

Dated: October 20, 2004. 

John L. Grenier, 

Captain, U.S. Coast Guard, Acting 

Commander, First Coast Guard District.

[FR Doc. 04–24689 Filed 11–4–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

49 CFR Part 571

[Docket No. NHTSA—2004–19523] 

RIN 2127–AH75

Federal Motor Vehicle Safety 

Standards; Rear Impact Guards

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT.

ACTION: Final rule.

SUMMARY: In 1996, the agency 

established standards for underride 

guards for trailers and semitrailers in 

order to reduce the risk to passenger 

vehicle occupants in crashes in which a 

passenger vehicle impacts the rear end 

of a trailer or semitrailer. In establishing 

these standards, the agency recognized 

that compliance with the requirements 

was not practicable for a small number 

of vehicles due to the presence of workperforming equipment mounted on the 

rear of a trailer or semitrailer. These 

vehicles are designated as ‘‘special 

purpose vehicles’’ and are excluded 

from the standard. Today’s final rule 

amends the definition of ‘‘special 

purpose vehicle’’ by adding a precise 

description of the cubic area in which 

work-performing equipment must reside 

in or move through while a trailer is 

moving. We have also determined that 

the addition of those specifications 

eliminates the need to exclude expressly 

vehicles equipped with specific liftgate 

designs. Finally, we are amending the 

requirements regarding the location of 

the rearmost surface of an impact guard 

as proposed.

DATES: Effective date: This final rule is 

effective November 5, 2004. Today’s 

final rule clarifies the agency’s original 

intent in excluding special purpose 

vehicles from the requirements of 

FMVSS No. 224. Today’s document 

does not impact vehicles currently 

excluded from the underride guard 

requirements under FMVSS No. 224. 

This final rule provides additional 

objectivity to the application of the 

requirements, and we therefore, have 

determined it to be in the public interest 

for this final rule to be effective 

immediately. 

Petitions: Petitions for reconsideration 

must be received by December 20, 2004 

and should refer to this docket and the 

notice number of this document and be 

submitted to: Administrator, National 

Highway Traffic Safety Administration, 

400 Seventh St., SW., Washington, DC 

20590. 

Note that all petitions received will be 

posted without change to http://

dms.dot.gov including any personal 

information provided. Please see the 

Privacy Act heading under Rulemaking 

Analysis and Notices. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

dms.dot.gov at any time or to Room PL–

401 on the plaza level of the Nassif 

Building, 400 Seventh Street, SW., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal Holidays

FOR FURTHER INFORMTION CONTACT: For 

non-legal issues, you may contact Mike 

Huntley, Office of Crashworthiness 

Standards, at (202) 366–0029, and fax 

him at (202) 493–2739. 

For legal issues, you may contact 

Christopher Calamita, Office of Chief 

Counsel, at (202) 366–2992, and fax him 

at (202) 366–3820. 

You may send mail to these officials 

at the National Highway Traffic Safety 

Administration, 400 Seventh St., SW., 

Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Table of Contents 

I. Background 

A. Rear Impact Guard Standards 

B. Petition for Rulemaking 

C. Notice of Proposed Rulemaking 

II. Comments 

III. Final Rule 

A. Special Purpose Vehicles 

B. ‘‘Tuckunder Liftgates’’

C. ‘‘Guard Rear Surface’’ and Trailer ‘‘Rear 

Extremity’’

D. Impacted Vehicle Population 

IV. Effective Date

I. Background 

A. Rear Impact Guard Standards 

To address the problem of rear 

underride crashes, the agency 

established two Federal motor vehicle 

safety standards (FMVSSs), FMVSS No. 

223, Rear impact guards, and FMVSS 

No. 224, Rear impact protection (61 FR 

2004; January 24, 1996; Docket No. 1–

11). A rear underride crash is a crash in 

which the front end of a passenger car, 

light truck, or multipurpose vehicle 

with a gross vehicle weight rating of 

4,536 kilograms (10,000 lb) or less 

(referred to collectively as ‘‘passenger 

vehicles’’) collides with and slides 

under (i.e., underrides) the rear end of 

a trailer or semitrailer (referred to 

collectively as ‘‘trailers’’). Underride can 

potentially occur when a trailer chassis 

is higher than the hood of a passenger 

vehicle. In the worst cases, referred to 

as passenger compartment intrusion 

(PCI) crashes, the passenger vehicle 

underrides so far that the rear end of the 

trailer breaks the vehicle’s windshield 

and enters its passenger compartment. 

PCI crashes generally result in injuries 

and fatalities to the passenger vehicle 

occupants due to their contact with the 

rear of the trailer. In 1996, when the 

underride guard standards were 

established, we estimated that about 

11,551 rear-end crashes with trailers 

occurred annually, resulting in 

approximately 423 passenger vehicle 

occupant fatalities and about 5,030 nonfatal injuries.1

To reduce the number of injuries and 

fatalities resulting from rear underride 

crashes, the two Federal underride 

guard standards operate together. The 

first standard, FMVSS No. 223 (the 

‘‘equipment standard’’), specifies 

performance requirements that rear 

impact guards (guards) must meet before 

they can be installed on new trailers. 

The standard specifies strength 

requirements and test procedures that 

are used to demonstrate compliance 

with those requirements. The standard 

also requires equipment manufacturers 

to provide instructions on the proper 

installation of the guard and to 

permanently label the guard certifying 

that it meets all the performance 

requirements of the equipment 

standard. 

The second standard, FMVSS No. 224 

(the ‘‘vehicle standard’’) requires that 

most new trailers with a GVWR of 4,536