874 Federal Register / Vol. 69, No. 4 / Wednesday, January 7, 2004 / Rules and Regulations 

USML and subject to State Department 

licensing.

EFFECTIVE DATE: January 7, 2004.

ADDRESSES: Interested parties are 

invited to submit written comments to 

the Department of State, Directorate of 

Defense Trade Controls, Office of 

Defense Trade Controls Policy, ATTN: 

Regulatory Change, Category VIII, 12th 

Floor, SA–1, Washington, DC 20522–

0112 (202–663–2700). Comments will 

be accepted at any time.

FOR FURTHER INFORMATION CONTACT: Ann 

Ganzer, Director, Office of Defense 

Trade Controls Policy, Bureau of 

Political-Military Affairs, Department of 

State (202) 663–2700.

SUPPLEMENTARY INFORMATION: In 

conjunction with a request for 

Commodity Jurisdiction, the 

Department of State has determined that 

certain quartz rate sensors otherwise 

controlled under the ITAR are not 

subject to the licensing jurisdiction of 

the Department of State when integrated 

into backup inertial navigations systems 

for civil aircraft or exported solely for 

integration into such systems. This 

determination will be made on a caseby-case basis in response to requests for 

consideration under this regulatory 

change. U.S. exporters are requested to 

submit a General Correspondence to 

make a formal request for consideration 

by the Directorate of Defense Trade 

Controls. These requests will be 

favorably considered only where the 

sensor is an integral part of the 

commercial system or is exported solely 

for integration into such a system and is 

important for the safe operation of the 

civil aircraft. In making this 

determination, other factors will also be 

considered. Among them is the extent to 

which the sensors can be extracted 

without damage and used for a 

significant military application, the 

extent to which diversion of the sensors 

alone or in small quantities poses a 

threat to the national security or foreign 

policy interests of the United States, and 

the scope of controls that would be 

applicable to the commercial system if 

licensing jurisdiction were transferred 

to the Department of Commerce. Exports 

of quartz rate sensors determined by the 

State Department to not be subject to 

USML controls will be subject to the 

licensing jurisdiction of the Department 

of Commerce whether the sensors are 

being exported for integration abroad or 

being exported as an integral part of a 

commercial standby inertial navigation 

system.

This amendment involves a foreign 

affairs function of the United States and 

therefore, is not subject to the 

procedures required by 5 U.S.C. 553 and 

554. It is exempt from review under 

Executive Order 12866 but has been 

reviewed internally by the Department 

to ensure consistency with the purposes 

thereof. This rule does not require 

analysis under the Regulatory 

Flexibility Act or the Unfunded 

Mandates Reform Act. 

It has been found not to be a major 

rule within the meaning of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. It will not have 

substantial direct effects on the States, 

the relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, it is 

determined that this rule does not have 

sufficient federalism implications to 

warrant application of the consultation 

provisions of Executive Orders 12372 

and 13132.

List of Subjects in 22 CFR Part 121 

Arms and munitions, Exports.

■ Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter M, 

Part 121 is amended as follows:

PART 121—THE UNITED STATES 

MUNITIONS LIST

■ 1. The authority citation for part 121 

continues to read as follows:

Authority: Secs. 2, 38, and 71, Pub. L. 90–

629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2797); E.O. 11958, 42 FR 4311; 3 CFR 1977 

Comp. p. 79; 22 U.S.C. 2658; Pub. L. 105–

261, 112 Stat. 1920.

■ 2. In § 121.1 Category VIII at the end 

of paragraph (e) add the following note:

§ 121.1 General. The United States 

Munitions List.

* * * * *

Category VIII—Aircraft and Associated 

Equipment

* * * * *

(e) * * *

Note: (1) Category XII(d) or Category VIII(e) 

does not include quartz rate sensors if such 

items: 

(i) Are integrated into and included as an 

integral part of a commercial standby 

instrument system for use on civil aircraft 

prior to export or exported solely for 

integration into such a commercial standby 

instrument system, and 

(ii) When the exporter has been informed 

in writing by the Department of State that a 

specific quartz rate sensor or a quartz rate 

sensor integrated into a commercial standby 

instrument system has been determined to be 

subject to the licensing jurisdiction of the 

Department of Commerce in accordance with 

this section. 

(2) For controls in these circumstances, see 

the Commerce Control List. In all other 

circumstances, quartz rate sensors remain 

under the licensing jurisdiction of the 

Department of State under Category XII(d) or 

Category VIII(e) of the U.S. Munitions List 

and subject to the controls of the ITAR.

* * * * *

Dated: January 7, 2004. 

John R. Bolton, 

Under Secretary, Arms Control and 

International Security, Department of State.

[FR Doc. 04–329 Filed 1–6–04; 8:45 am] 

BILLING CODE 4710–25–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 03–4038; MB Docket No. 03–72, RM–

10674; MB Docket No. 03–73, RM–10675; 

MB Docket No. 03–75, RM–10677.] 

Radio Broadcasting Services; Leedey, 

Oklahoma; Memphis, Texas; and 

Silverton, Texas

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: This document grants three 

proposals that allot new FM channels to 

Silverton, Texas; Leedey, Oklahoma; 

and Memphis, Texas. The Audio 

Division, at the request of Maurice 

Salsa, allots Channel 252A at Silverton, 

Texas, as the community’s first local 

aural transmission service. See 68 FR 

15143, March 28, 2003. Channel 252A 

can be allotted to Silverton, Texas, in 

compliance with the Commission’s 

minimum distance separation 

requirements with a site restriction of 

8.2 km (5.1 miles) east of Silverton. The 

coordinates for Channel 252A at 

Silverton, Texas, are 34–28–15 North 

Latitude and 101–13–09 West 

Longitude. A filing window for Channel 

252A at Silverton, Texas, will not be 

opened at this time. Instead, the issue of 

opening this allotment for auction will 

be addressed by the Commission in a 

subsequent Order. See SUPPLEMENTARY

INFORMATION infra.

DATES: Effective February 6, 2004.

FOR FURTHER INFORMATION CONTACT:

Deborah Dupont, Media Bureau, (202) 

418–2180.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket Nos. 03–72, 03–

73, and 03–75, adopted December 18, 

2003, and released December 23, 2003. 

The full text of this Commission 

decision is available for inspection and 

copying during normal business hours 

in the FCC Information Center, Portals 

II, 445 12th Street, SW., Room CY–

Federal Register / Vol. 69, No. 4 / Wednesday, January 7, 2004 / Rules and Regulations 875

A257, Washington, DC 20554. The 

complete text of this decision may also 

be purchased from the Commission’s 

duplicating contractor, Qualex 

International, Portals II, 445 12th Street, 

SW., Room CY–B402, Washington, DC, 

20554, (202) 863–2893, facsimile (202) 

863–2898, or via e-mail 

qualexint@aol.com.

The Audio Division further allots, at 

the request of Robert Fabian, Channel 

297A at Leedey, Oklahoma, as the 

community’s first local aural 

transmission FM service. See 68 FR 

15143, March 28, 2003. Channel 297A 

can be allotted to Leedey, Oklahoma, in 

compliance with the Commission’s 

minimum distance separation 

requirements with a site restriction of 

9.4 km (5.8 miles) northwest of Leedey. 

The coordinates for Channel 297A at 

Leedey, Oklahoma, are 35–56–36 North 

Latitude and 99–23–48 West Longitude. 

A filing window for Channel 297A at 

Leedey, Oklahoma, will not be opened 

at this time. Instead, the issue of 

opening this allotment for auction will 

be addressed by the Commission in a 

subsequent Order. 

The Audio Division further allots, at 

the request of Maurice Salsa, Channel 

283A at Memphis, Texas, as the 

community’s third local aural 

transmission service. See 68 FR 15143, 

March 28, 2003. Channel 283A can be 

allotted to Memphis, Texas, in 

compliance with the Commission’s 

minimum distance separation 

requirements with a site restriction of 

8.7 km (5.4 miles) north of Memphis. 

The coordinates for Channel 283A at 

Memphis, Texas, are 34–41–14 North 

Latitude and 100–27–03 West 

Longitude. A filing window for Channel 

283A at Memphis, Texas, will not be 

opened at this time. Instead, the issue of 

opening this allotment for auction will 

be addressed by the Commission in a 

subsequent Order.

List of Subjects in 47 CFR part 73 

Radio, Radio broadcasting.

■ Part 73 of title 47 of the Code of Federal 

Regulations is amended as follows:

PART 73—RADIO BROADCAST 

SERVICES

■ 1. The authority citation for Part 73 

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.202 [Amended]

■ 2. Section 73.202(b), the Table of FM 

Allotments under Oklahoma, is 

amended by adding Leedey, Channel 

297A.

■ 3. Section 73.202(b), the Table of FM 

Allotments under Texas, is amended by 

adding Channel 283A at Memphis, and 

Silverton, Channel 252A.

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–274 Filed 1–6–04; 8:45 am] 

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 030314059–3326–03; I.D. 

062003A] 

RIN 0648–AQ48 

Fisheries of the Exclusive Economic 

Zone (EEZ) Off Alaska; Salmon 

Fisheries off the Coast of Alaska

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues a final rule to 

correct the definition of the area in 

which salmon fishing regulations 

implementing the Fishery Management 

Plan for the Salmon Fisheries in the EEZ 

off the Coast of Alaska (Salmon FMP) 

apply, to remove the words ‘‘high seas’’

wherever they appear in the salmon 

fishing regulations, and to remove an 

obsolete reference to the North Pacific 

Fisheries Act of 1954 from the salmon 

fishing regulations. This action is 

necessary to fully implement 

Amendment 3 to the Salmon FMP. The 

intended effect of this action is 

regulatory consistency with the 

provisions of Amendment 3 to the 

Salmon FMP and improved 

conservation and management of the 

salmon fisheries off the coast of Alaska.

DATES: Effective February 6, 2004.

ADDRESSES: Copies of the Regulatory 

Impact Review (RIR) may be obtained 

from the Alaska Region, NMFS, P.O. 

Box 21668, Juneau, AK 99802 1668, 

Attn: Lori Durall, 907–586–7247.

FOR FURTHER INFORMATION CONTACT:

Patsy A. Bearden, 907–586–7228 or email at patsy.bearden@noaa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

The salmon fishery in the EEZ off the 

Coast of Alaska is managed pursuant to 

the Salmon FMP prepared by the North 

Pacific Fishery Management Council 

(Council) under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act, 16 

U.S.C. 1801 et seq. Implementing 

regulations originally appeared at 50 

CFR part 674. 

The original Salmon FMP provided 

for the management of the salmon 

fisheries throughout the EEZ off the 

coast of Alaska except for the extreme 

western part of the EEZ west of 175° E. 

long., near Attu Island. This °extreme 

western part of the EEZ was excluded 

because this area was then under the 

jurisdiction of the International 

Convention for the High Sea Fisheries of 

the North Pacific Ocean. The original 

name of the salmon FMP was the 

‘‘Fishery Management Plan for the High 

Seas Salmon Fishery off the Coast of 

Alaska East of 175 Degrees East 

Longitude.’’

Over time, the international regime 

affecting salmon fisheries changed and 

the Council revisited its salmon 

management policies. In 1989, the 

Council adopted Amendment 3 to the 

FMP which, among other things, 

renamed the FMP to ‘‘Fishery 

Management Plan for the Salmon 

Fisheries in the EEZ off the Coast of 

Alaska,’’ deferred regulation of the 

salmon fisheries in the EEZ to the State 

of Alaska, and extended the geographic 

jurisdiction of the Salmon FMP over 

waters of the EEZ west of 175° E. long. 

The Secretary of Commerce (Secretary) 

approved Amendment 3 to the FMP in 

1990, and published a final rule on 

November 15, 1990 (55 FR 47773), 

implementing associated measures and 

removing all the specific management 

measures from 50 CFR part 674. The 

1990 implementing regulations 

inaccurately omitted both the new title 

of the FMP and the extension of the 

geographic jurisdiction of the FMP. No 

public comment was received on this or 

on any of the other changes made by 

Amendment 3, and the entire 

amendment was non-controversial. 

In compliance with required 

consolidation of all Federal fishery 

regulations pursuant to President 

Clinton’s Regulatory Reform Initiative, 

NMFS combined all existing fisheries 

regulations for the EEZ off Alaska, 

including part 674, into a new 50 CFR 

part 679 (62 FR 19686, April 23, 1997). 

This final rule recodified the two 

regulatory provisions that NMFS 

erroneously failed to revise in its 1990 

rulemaking that implemented 

Amendment 3. Moreover, NMFS erred 

again in the regulatory consolidation by 

redefining the ‘‘High Seas Salmon 

Management Area’’ as ‘‘the portion of 

the EEZ off Alaska east of 175° E. long.’’

This new error reinstated the definition 

of the Salmon FMP management area