Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Rules and Regulations 43819 

SUMMARY: This action removes the Class 

D and E Airspace at Panama City-Bay 

County Airport, Panama City, FL, as the 

airport has closed and the associated 

Standard Instrument Approach 

Procedures (SIAPs) removed, 

eliminating the need for controlled 

airspace. 

DATES: Effective 0901 UTC, September 

23, 2010. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5610. 

SUPPLEMENTARY INFORMATION: 

History 

Northwest Florida-Panama City 

International Airport, a new airport for 

Panama City, FL, opened on May 23, 

2010. Therefore, the Panama City-Bay 

County Airport was closed effective at 

10 p.m. on May 22, 2010. The associated 

SIAPs and controlled airspace must be 

removed in conjunction with the airport 

closure. As a result, this action will 

remove the Class D, E4, and E5 airspace 

for the Panama City-Bay County Airport, 

Panama City, FL. This rule will become 

effective on the date specified in the 

DATES section. Since this action 

eliminates the impact of controlled 

airspace on users of the National 

Airspace System in the vicinity of the 

Panama City-Bay County Airport, 

Panama City, FL, notice and public 

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

unnecessary. Class D and Class E 

airspace designations are published in 

paragraphs 5000, 6004 and 6005 

respectively of FAA Order 7400.9T, 

dated August 27, 2009, and effective 

September 15, 2009, which is 

incorporated by reference in 14 CFR 

71.1. The Class D and E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

removes the Class D, E4 and E5 airspace 

at Panama City-Bay County Airport, 

Panama City, FL. Controlled airspace is 

no longer needed as the airport has 

closed. 

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, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore, (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under 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 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 removes controlled airspace at 

Panama City-Bay County Airport, 

Panama City, FL. 

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 Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, effective 

September 15, 2009, is amended as 

follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ASO FL D Panama City, FL [Removed] 

Panama City-Bay County Airport, FL 

(Lat. 30°12′44′′ N., long. 85°40′58′′ W.) 

* * * * * 

Paragraph 6004 Class E Airspace Areas 

Designated as an Extension to a Class D 

Surface Area. 

* * * * * 

ASO FL E4 Panama City, FL [Removed] 

Panama City-Bay County Airport, FL 

(Lat. 30°12′44′′ N., long. 85°40′58′′ W.) 

Panama City VORTAC 

(Lat. 30°12′59′′ N., long. 85°40′52′′ W.) 

* * * * * 

Paragraph 6005 Class E Airspace Extending 

Upward From 700 Feet or More Above the 

Surface of the Earth. 

* * * * * 

ASO FL E5 Panama City, FL [Removed] 

Panama City-Bay County Airport, FL 

(Lat. 30°12′44′′ N., long. 85°40′58′′ W.) 

Tyndall AFB 

(Lat. 30°04′12′′ N., long. 85°34′34′′ W.) 

Issued in College Park, Georgia, on July 13, 

2010. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2010–18262 Filed 7–26–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 740 and 742 

[Docket No. 100309131–0283–03] 

RIN 0694–AE89 

Clarification of Grace Period for 

Encryption Registration Requirement 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule; correcting 

amendments. 

SUMMARY: This rule clarifies the intent 

of the encryption registration 

requirement that appeared in a rule 

published on June 25, 2010. In addition, 

this rule corrects the e-mail address for 

the public contact referenced in the June 

25, 2010 rule. 

DATES: This rule is effective July 27, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Sharron Cook, Regulatory Policy 

Division, e-mail scook@bis.doc.gov, 

telephone (202) 482–2440. 

SUPPLEMENTARY INFORMATION: 


jdjones on DSK8KYBLC1PROD with RULES
43820 Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Rules and Regulations 

Background 

On June 25, 2010, the Bureau of 

Industry and Security (BIS) published a 

final rule (75 FR 36482) that, inter alia, 

established an encryption registration 

requirement for authorization under 

provisions of License Exception ENC, as 

codified in § 740.17(b)(1), (b)(2) and 

(b)(3) of the EAR, and for transactions in 

connection with mass market 

encryption transaction, as codified in 

§§ 742.15(b)(1) and (b)(3) of the EAR. In 

§ 740.17(d)(1)(i)(A) and (d)(1)(i)(B), the 

rule specified that an encryption 

registration was required to be filed the 

first time that a party submits an 

encryption classification request under 

§ 740.17(b)(2) and (b)(3) or performs an 

encryption self-classification under 

§ 740.17(b)(1) on or after August 24, 

2010. The rule also stated that an 

encryption registration was required to 

be submitted in support of an 

encryption classification or in 

circumstances where a party is making 

a mass market encryption item eligible 

for export and reexport (including the 

definition at § 734.2(b)(9) for encryption 

software) under § 742.15(b)(1) for the 

first time on or after August 24, 2010. 

Although the rule was issued in final 

form on June 25, the rule intended to 

establish a grace period permitting 

parties to wait until August 24 to submit 

their registration requirements. 

The intent of this grace period was to 

allow industry time to gather 

information necessary to accurately 

submit the information required in the 

encryption registration (Supplement No. 

5 to part 742), to change internal 

procedures, and to train personnel 

before submitting the encryption 

registration. However, the rule 

inadvertently omitted language that 

clarifies that parties may self-classify or 

seek classifications between June 25, 

2010 and August 24, 2010 without first 

submitting a registration. It also 

inadvertently omitted language that 

clarifies the post-classification 

registration requirement for parties that 

self-classified or sought classifications 

between June 25, 2010 and August 24, 

2010, but did not self-classify or seek a 

classification again on or after August 

24, 2010. This rule corrects the 

regulations to include language that 

clarifies the intent of the grace period. 

Therefore, this rule adds a sentence to 

the introductory text of paragraph (b) of 

§ 740.17 that reads, ‘‘For items selfclassified under paragraph (b)(1) of this 

section from June 25, 2010 through 

August 24, 2010, and for requests for 

classification under paragraphs (b)(2) 

and (b)(3) of this section submitted from 

June 25, 2010 through August 24, 2010, 

exporters have until August 24, 2010 to 

submit their encryption registrations.’’ 

This rule also adds a sentence to the 

introductory text of paragraph (b) of 

§ 742.15 that reads ‘‘For items selfclassified under paragraph (b)(1) of this 

section from June 25, 2010 through 

August 24, 2010, and for requests for 

classification under paragraph (b)(3) of 

this section submitted from June 25, 

2010 through August 24, 2010, exporters 

have until August 24, 2010 to submit 

their encryption registrations.’’ 

Since this rule is a clarification of 

contradicting provisions of the 

regulations, BIS has determined that 

this rule has no retroactive effect. The 

registration requirement remains 

prospective (i.e. by August 24, 2010), 

and BIS is not actually triggering any 

requirements with which the affected 

entities would not otherwise have to 

comply. The encryption clarification 

rule simply clarifies that those who 

proceed with export between June 25, 

2010 and August 24, 2010 must file with 

BIS by August 24, 2010. The public is 

not adversely affected by this 

clarification since it provides exporters 

with a clear guidance for exporting 

between June 25, 2010 and August 24, 

2010. 

In addition, the June 25, 2010 rule 

listed a non-existent e-mail address 

(encryption@bis.doc.gov) as the e-mail 

address for technical questions in the 

FOR FURTHER INFORMATION CONTACT

section of the preamble of the rule. The 

correct address for technical questions 

is cpratt@bis.doc.gov. The e-mail 

address for non-technical questions 

continues to be scook@bis.doc.gov. 

Rulemaking Requirements 

1. This rule is 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 that has been 

approved by the OMB under control 

number 0694–0088, which carries a 

burden hour estimate of 58 minutes to 

prepare and submit form BIS–748. 

Miscellaneous and recordkeeping 

activities account for 12 minutes per 

submission. BIS believes that this rule 

will make no change to the number of 

submissions or to the burden imposed 

by this collection. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined in Executive Order 

13132. 

4. BIS finds that there is good cause 

under 5 U.S.C. 553(b)(B) to waive the 

provisions of the Administrative 

Procedure Act requiring prior notice 

and the opportunity for public comment 

because it is unnecessary. These 

revisions merely clarify the intent of the 

encryption registration requirement, 

therefore allowing prior notice and 

comment on these rules is unnecessary. 

In addition, BIS finds good cause under 

5 U.S.C. 553(d) to waive the 30-day 

delay in effectiveness because this rule 

merely makes technical changes to the 

regulations to clarify the intent of the 

encryption registration requirement. No 

other law requires that notice of 

proposed rulemaking and an 

opportunity for public comment be 

given for this rule; therefore, the 

analytical requirements of the 

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

et seq.) are not applicable. 

List of Subjects 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 742 

Exports, Terrorism. 

■ Accordingly, the Bureau of Industry 

and Security amends its Export 

Administration Regulations (15 CFR 

parts 730–774) as follows: 

PART 740 [AMENDED] 

■ 1. The authority citations for part 740 

continue 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 13, 2009, 74 

FR 41325 (August 14, 2009). 

■ 2. Section 740.17 is amended by 

adding a sentence after the first sentence 

in paragraph (b) introductory text to 

read as follows: 

§ 740.17 Encryption commodities, 

software and technology (ENC). 

* * * * * 

(b) * * * For items self-classified 

under paragraph (b)(1) of this section 

from June 25, 2010 through August 24, 

2010, and for requests for classification 

under paragraphs (b)(2) and (b)(3) of this 

section submitted from June 25, 2010 

through August 24, 2010, exporters have 

until August 24, 2010 to submit their 

encryption registrations. * * * 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 143 / Tuesday, July 27, 2010 / Rules and Regulations 43821 

PART 742 [AMENDED] 

■ 3. The authority citations for part 742 

continue 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; 22 U.S.C. 7201 et seq.; 22 

U.S.C. 7210; Sec 1503, Pub. L. 108 11, 117 

Stat. 559; 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. 

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 23 of May 7, 2003, 68 FR 26459, May 

16, 2003; Notice of August 13, 2009, 74 FR 

41325 (August 14, 2009); Notice of November 

6, 2009, 74 FR 58187 (November 10, 2009). 

■ 4. Section 742.15 is amended by 

adding a sentence after the fourth 

sentence in paragraph (b) to read as 

follows: 

§ 742.15 Encryption items. 

* * * * * 

(b) * * * For items self-classified 

under paragraph (b)(1) of this section 

from June 25, 2010 through August 24, 

2010, and for requests for classification 

under paragraph (b)(3) of this section 

submitted from June 25, 2010 through 

August 24, 2010, exporters have until 

August 24, 2010 to submit their 

encryption registrations. * * * 

Dated: July 21, 2010. 

Bernard Kritzer, 

Director, Office of Exporter Services. 

[FR Doc. 2010–18360 Filed 7–26–10; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0063] 

Safety Zones; Annual Firework 

Displays Within the Captain of the 

Port, Puget Sound Area of 

Responsibility 

AGENCY: Coast Guard, DHS. 

ACTION: Correction of Notice of 

Enforcement of Regulation. 

SUMMARY: On July 1, 2010, the Coast 

Guard published a document in the 

Federal Register, providing notice of 

enforcement of a 300-yard safety zone in 

Dyes Inlet for the Whaling Days event 

on July 24, 2010. This correction 

changes the date for the zone to July 23, 

2010. During the enforcement periods, 

entry into, transit through, mooring, or 

anchoring within these zones is 

prohibited unless authorized by the 

Captain of the Port, Puget Sound or 

Designated Representative. 

DATES: This safety zone will be enforced 

from 5 p.m. on July 23, 2010, to 1 a.m. 

on July 24, 2010. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail LTJG Ashley M. Wanzer, 

Sector Seattle Waterways Management, 

Coast Guard; telephone 206–217–6175, 

SectorSeattleWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone listed 

in 33 CFR 165.1332, Safety Zones; 

annual firework displays within the 

Captain of the Port, Puget Sound Area 

of Responsibility. A previous notice of 

enforcement, published on July 1, 2010 

(75 FR 38021), incorrectly stated that 

the zone would be enforced on July 24, 

2010. This notice provides corrected 

information. 

The following safety zone will be 

enforced from 5 p.m. on July 23, 2010 

through 1 a.m. on July 24, 2010: 

Event Name Location Latitude Longitude Radius 

Whaling Days ...................................... Dyes Inlet ........................................... 47° 38.65′ N 122° 41.35′ W 300 

Dated: July 12, 2010. 

S.W. Bornemann, 

Captain, U.S. Coast Guard, Captain of the 

Port, Puget Sound. 

[FR Doc. 2010–18267 Filed 7–23–10; 11:15 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0622] 

Safety Zone; DEEPWATER HORIZON 

Response Staging Area in the Vicinity 

of Shell Beach, Hopedale, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The New Orleans Captain of 

the Port (COTP), under the authority of 

the Ports and Waterways Safety Act, has 

established a safety zone requiring no 

wake on the Mississippi River Gulf 

Outlet (MRGO) at Mile 42 extending the 

entire width of the MRGO 500 yards 

above and 500 yards below the response 

staging area. This safety zone is 

necessary to protect personnel and 

vessels at the response staging area at 

Shell Beach in Hopedale, LA in 

response to the DEEPWATER HORIZON 

oil spill. Vessels must travel at a safe 

speed and distance to maintain a no 

wake zone in this area. 

DATES: This rule is effective in the CFR 

from July 27, 2010 until 11:59 p.m. on 

September 24, 2010. This rule is 

effective with actual notice for purposes 

of enforcement beginning June 24, 2010 

upon signature. This rule will remain in 

effect until 11:59 p.m. on September 24, 

2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0622 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0622 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Lieutenant 

Commander (LCDR) Marty Daniels, 

Sector New Orleans, Coast Guard; 

telephone 504–565–5044, e-mail 

William.M.Daniels@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 


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