52958 Federal Register / Vol. 79, No. 172 / Friday, September 5, 2014 / Rules and Regulations 

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 14 CFR 

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 the Federal Aviation 

Administration Order 7400.9X, Airspace 

Designations and Reporting Points, 

dated August 7, 2013, and effective 

September 15, 2013 is amended as 

follows: 

Paragraph 6006 En route domestic airspace 

areas. 

* * * * * 

AWP AZ E6 Flagstaff, AZ [New] 

Flagstaff VOR/DME, AZ 

(Lat. 35°08′50′′ N., long. 111°40′27′′ W.) 

That airspace extending upward from 

1,200 feet above the surface within an area 

bounded by lat. 35°51′00′′ N., long. 

109°19′00′′ W.; to lat. 35°41′00′′ N., long. 

109°38′30′′ W.; to lat. 34°47′52′′ N., long. 

110°18′52′′ W.; to lat. 34°30′00′′ N., long. 

109°35′00′′ W.; to lat. 34°00′00′′ N., long. 

108°53′00′′ W.; to lat. 33°52′30′′ N., long. 

108°45′00′′ W.; to lat. 32°29′30′′ N., long. 

110°45′45′′ W.; to lat. 33°33′12′′ N., long. 

111°51′21′′ W.; to lat. 34°01′00′′ N., long. 

114°00′00′′ W.; to lat. 34°40′00′′ N., long. 

114°00′00′′ W.; to lat. 34°52′00′′ N., long. 

113°42′00′′ W.; to lat. 34°55′00′′ N., long. 

113°37′00′′ W.; to lat. 35°15′20′′ N., long. 

112°55′40′′ W.; to lat. 35°23′00′′ N., long. 

112°40′00′′ W.; to lat. 35°23′48′′ N., long. 

112°09′11′′ W.; to lat. 35°24′00′′ N., long. 

112°00′00′′ W.; to lat. 35°46′00′′ N., long. 

111°50′30′′ W.; to lat. 35°42′00′′ N., long. 

110°14′00′′ W., thence to the point of 

beginning. 

Issued in Seattle, Washington, on August 

14, 2014. 

Christopher Ramirez, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2014–20809 Filed 9–4–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 738, 740, 742, 744, 772, 

and 774 

[FR Doc. 2014–18064] 

RIN 0694–AD58 

Implementation of Understandings 

Reached at the 2005, 2012, and 2013 

Nuclear Suppliers Group (NSG) 

Plenary Meetings and a 2009 NSG 

Intersessional Decision; Additions to 

the List of NSG Participating 

Countries; Correction 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Bureau of Industry and 

Security (BIS) published a final rule in 

the Federal Register on Thursday, 

August 7, 2014 (79 FR 46316), that 

amended the Export Administration 

Regulations (EAR) to implement the 

understandings reached at the 2005, 

2012, and 2013 Nuclear Suppliers 

Group (NSG) Plenary meetings. That 

final rule also amended the EAR to 

implement a decision adopted under the 

NSG intersessional silent approval 

procedures, in December 2009, and to 

reflect the status of Croatia, Estonia, 

Iceland, Lithuania, Malta, Mexico, and 

Serbia as participating countries in the 

NSG. In that final rule, the amendatory 

instruction for the EAR supplement that 

lists ‘‘Country Groups’’ contained an 

error with respect to Mexico. In 

addition, the amendments to Export 

Control Classification Number (ECCN) 

6A203 in the August 7, 2014, final rule 

inadvertently omitted the controls that 

apply to certain radiation-hardened TV 

cameras and lenses therefor. This 

document amends the EAR to correct 

these errors. 

Finally, the contact information in the 

preamble of the August 7, 2014, NSG 

Plenary rule contained an incorrect 

telephone number and the saving clause 

in the preamble omitted specific 

instructions concerning certain items 

newly controlled under ECCN 3A225. 

This document amends the preamble of 

the August 7, 2014, NSG Plenary rule to 

correct these errors. 

DATES: This rule is effective September 

5, 2014, and the corrections herein are 

applicable beginning August 7, 2014. 

ADDRESSES: Send comments regarding 

this collection of information, including 

suggestions for reducing the burden, to 

Jasmeet Seehra, Office of Management 

and Budget (OMB), by email to Jasmeet_

K._Seehra@omb.eop.gov, or by fax to 

(202) 395–7285; and to the Regulatory 

Policy Division, Bureau of Industry and 

Security, Department of Commerce, 

14th Street & Pennsylvania Avenue 

NW., Room 2705, Washington, DC 

20230. 

FOR FURTHER INFORMATION CONTACT: 

Steven Clagett, Director, Nuclear and 

Missile Technology Controls Division, 

Office of Nonproliferation and Treaty 

Compliance, Bureau of Industry and 

Security, Telephone: (202) 482–1641. 

SUPPLEMENTARY INFORMATION: On August 

7, 2014, the final rule titled 

‘‘Implementation of Understandings 

Reached at the 2005, 2012, and 2013 

Nuclear Suppliers Group (NSG) Plenary 

Meetings and a 2009 NSG Intersessional 

Decision; Additions to the List of NSG 

Participating Countries’’ was published 

in the Federal Register (79 FR 46316). 

That final rule contained certain errors 

and omissions, which are described 

below. This final rule amends the 

preamble of the August 7, 2014, final 

rule and the Export Administration 

Regulations (EAR) to correct these errors 

and omissions. 

Technical Amendments to the Preamble 

of the August 7, 2014, NSG Plenary 

Rule 

Update to Contact Information. 

The preamble of the August 7, 2014, 

final rule contained an incorrect 

telephone number under the contact 

information for Steven Clagett, Director, 

Nuclear and Missile Technology 

Controls Division, Office of 

Nonproliferation and Treaty 

Compliance, Bureau of Industry and 

Security. This document correctly 

identifies the telephone number as: 

(202) 482–1641. 

Extension of Saving Clause provisions 

for certain ECCN 3A225 items. 

The preamble of the August 7, 2014, 

final rule omitted from the Saving 

Clause specific instructions concerning 

certain items that were added to ECCN 

3A225 by the rule. This document 

amends the Saving Clause by adding a 

new paragraph, immediately following 

the first paragraph, to provide specific 

instructions for exports and reexports of 

these ECCN 3A225 items. This 

amendment will provide industry with 

additional time in which to adjust their 

export control programs to the new 

export licensing requirements that 

resulted from the removal of the 

‘‘harmonic distortion parameter’’ that 

was in ECCN 3A225.c prior to August 7, 

2014. The removal of this parameter 

resulted in adding to ECCN 3A225 a 

whole class of widely used and 

distributed industrial equipment that 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 172 / Friday, September 5, 2014 / Rules and Regulations 52959 

was previously EAR99. Please note that 

all other EAR license requirements and 

prohibitions affecting these items 

continue to apply (e.g., the end-user/

end-use based controls described in part 

744 of the EAR and the embargoes and 

other special controls described in part 

746 of the EAR). 

As amended by this final rule, the 

Saving Clause for the August 7, 2014, 

NSG Plenary rule now reads as follows 

(note that the ‘‘regulatory action’’ 

referred to, therein, is the August 7, 

2014, NSG Plenary rule and not this 

final rule). 

Except for ECCN 3A225 items (described 

below) that were classified as EAR99 prior to 

the effective date of this rule, shipments of 

items removed from eligibility for export or 

reexport under a license exception or without 

a license (i.e., under the designator ‘‘NLR’’) 

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 September 8, 

2014, pursuant to actual orders for export or 

reexport to a foreign destination, may 

proceed to that destination under the 

previously applicable license exception or 

without a license (NLR) so long as they are 

exported or reexported before September 22, 

2014. Any such items not actually exported 

or reexported before midnight, on September 

22, 2014, require a license in accordance 

with this regulation. 

Shipments of those ECCN 3A255 items 

removed from eligibility for export or 

reexport under a license exception or without 

a license (i.e., under the designator ‘‘NLR’’) 

as a result of this regulatory action 

(specifically, the removal of the ‘‘harmonic 

distortion parameter’’ that was in ECCN 

3A225.c prior to August 7, 2014) 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 February 9, 

2015, pursuant to actual orders for export or 

reexport to a foreign destination, may 

proceed to that destination under the 

previously applicable license exception or 

without a license (NLR) so long as they are 

exported or reexported before February 23, 

2015. Any such items not actually exported 

or reexported before midnight, on February 

23, 2015, require a license in accordance 

with the license requirements specified in 

ECCN 3A225. 

‘‘Deemed’’ exports of ‘‘technology’’ and 

‘‘source code’’ removed from eligibility for 

export under a license exception or without 

a license (under the designator ‘‘NLR’’) as a 

result of this regulatory action may continue 

to be made under the previously available 

license exception or without a license (NLR) 

before November 5, 2014. Beginning at 

midnight on November 5, 2014, such 

‘‘technology’’ and ‘‘source code’’ may no 

longer be released, without a license, to a 

foreign national subject to the ‘‘deemed’’ 

export controls in the EAR when a license 

would be required to the home country of the 

foreign national in accordance with this 

regulation. 

Amendments to the EAR to Correct 

Errors in the August 7, 2014, NSG 

Plenary Rule 

Addition of Mexico to Country Group 

A:4. 

The August 7, 2014, final rule 

contained an error in the amendatory 

instruction for Supplement No. 1 to part 

740 of the Export Administration 

Regulations (EAR). The amendatory 

instruction stated that the country, 

Mexico, was being added to Country 

Group A when, in fact, it should have 

indicated that the existing Country 

Group A entry for Mexico was being 

revised to include Mexico in Country 

Group A:4 (Nuclear Suppliers Group). 

At the time that BIS’s August 7, 2014, 

final rule was published, Mexico was 

already listed in Country Group A 

(specifically, under Country Group 

A:3—Australia Group), as a result of an 

amendment contained in a final rule 

that BIS published on March 26, 2014 

(79 FR 16664). 

As a result of the amendment made by 

this final rule, Supplement No. 1 to part 

740 of the EAR now lists Mexico under 

both Country Group A:3 (Australia 

Group) and Country Group A:4 (Nuclear 

Suppliers Group). With the addition of 

Croatia, Estonia, Iceland, Lithuania, 

Malta and Serbia to Country Group A:4 

(by the August 7, 2014, final rule) and 

Mexico (by this final rule), all of the 

countries whose governments 

participate in the NSG, except the 

People’s Republic of China, are now 

listed in Country Group A:4. 

Control of Radiation-hardened TV 

cameras under ECCN 6A203. 

The August 7, 2014, final rule also 

inadvertently omitted intended control 

language from the amendments to 

Export Control Classification Number 

(ECCN) 6A203. Specifically, the August 

7, 2014, final rule inadvertently omitted 

from the List of Items Controlled under 

ECCN 6A203 certain radiation-hardened 

TV cameras and lenses therefor that 

were controlled under ECCN 6A203.c 

prior to the amendments made by that 

final rule. This final rule amends ECCN 

6A203 to add these items under a new 

paragraph .d. In addition, this rule adds 

a related Technical Note immediately 

following ECCN 6A203.d. As a result of 

this amendment, ECCN 6A203.d 

controls ‘‘radiation-hardened TV 

cameras, or lenses therefor, ‘specially 

designed’ or rated as radiation hardened 

to withstand a total radiation dose 

greater than 50 × 104 Gy (silicon) 

without operational degradation.’’ 

Rulemaking Requirements 

1. Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. 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 of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This rule 

contains a collection of information 

subject to the requirements of the PRA. 

This collection has been approved by 

OMB under Control Number 0694–0088 

(Multi-Purpose Application), which 

carries a burden hour estimate of 58 

minutes to prepare and submit form 

BIS–748. Send comments regarding this 

burden estimate or any other aspect of 

this collection of information, including 

suggestions for reducing the burden, to 

Jasmeet Seehra, Office of Management 

and Budget (OMB), and to the 

Regulatory Policy Division, Bureau of 

Industry and Security, Department of 

Commerce, as indicated in the 

ADDRESSES section of this rule. 

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 (See 5 U.S.C. 553(a)(1)). The 

changes contained in this rule are 

technical amendments of a previously 

published rule that has already been 

exempted from notice and comment and 

delay in effective date provisions, 

because the content of the August 7, 

2014, final rule involves a military and 

foreign affairs function of the United 

States (5 U.S.C. 553(a)(1)). The 

amendments contained in this final rule 

are essential to ensuring the accurate 

and complete implementation of the 


tkelley on DSK3SPTVN1PROD with RULES
52960 Federal Register / Vol. 79, No. 172 / Friday, September 5, 2014 / Rules and Regulations 

August 7, 2014, final rule. Therefore, 

this regulation is issued in final form. 

Further, no other law requires that a 

notice of proposed rulemaking and an 

opportunity for public comment be 

given for this final rule. Because a 

notice of proposed rulemaking and an 

opportunity for public comment are not 

required to be given for this rule under 

the Administrative Procedure Act or by 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

not applicable. Therefore, no regulatory 

flexibility analysis is required and none 

has been prepared. 

List of Subjects 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, Foreign trade, 

Reporting and recordkeeping 

requirements. 

15 CFR Part 774 

Exports, Foreign trade, Reporting and 

recordkeeping requirements. 

For the reasons stated in the 

preamble, parts 740 and 774 of the 

Export Administration Regulations (15 

CFR parts 730–774) are amended by 

making the following correcting 

amendments. 

PART 740—[AMENDED] 

■ 1. The authority citation for 15 CFR 

Part 740 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. 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 7, 2014, 79 

FR 46959 (August 11, 2014). 

■ 2. In Supplement No. 1 to Part 740, 

Country Groups, Country Group A is 

amended by revising the entry for 

‘‘Mexico’’ to read as follows: 

SUPPLEMENT NO. 1 TO PART 740—COUNTRY GROUPS

[Country group A] 

Country [A:1] 

[A:2] 

Missile 

technology 

control 

regime 

[A:3] 

Australia 

group 

[A:4] 

Nuclear 

suppliers 

group 

[A:5] [A:6] 

*******

Mexico ........................................................................................... ............ ........................ X X ............ ............

* * * * * * * 

PART 774—[AMENDED] 

■ 3. The authority citation for 15 CFR 

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); 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; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 

U.S.C. 7201 et seq.; 22 U.S.C. 7210; 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 7, 2014, 79 

FR 46959 (August 11, 2014). 

■ 4. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 6 

Sensors and Lasers, ECCN 6A203 is 

amended by adding a new paragraph .d 

and a Technical Note at the end of the 

‘‘Items’’ paragraph, under the List of 

Items Controlled section, to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

6A203 High-speed cameras, imaging 

devices and ‘‘components’’ therefor, 

other than those controlled by 6A003 

(see List of Items Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

* * * * * 

d. Radiation-hardened TV cameras, or 

lenses therefor, ‘‘specially designed’’ or rated 

as radiation hardened to withstand a total 

radiation dose greater than 50 × 104 Gy 

(silicon) without operational degradation. 

Technical Note: The term Gy (silicon) 

refers to the energy in Joules per kilogram 

absorbed by an unshielded silicon sample 

when exposed to ionizing radiation. 

* * * * * 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2014–21209 Filed 9–4–14; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 922 

[Docket No. 130403324–4647–03] 

RIN 0648–BC94 

Boundary Expansion of Thunder Bay 

National Marine Sanctuary 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Ocean 

Service (NOS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce (DOC). 

ACTION: Final rule. 

SUMMARY: With this final rule, the 

National Oceanic and Atmospheric 

Administration (NOAA) expands the 

boundary of Thunder Bay National 

Marine Sanctuary (TBNMS or 

sanctuary), clarifies the correlation 

between TBNMS regulations and Indian 

tribal fishing activities, and revises the 

corresponding sanctuary terms of 

designation. The new boundary for 

TBNMS increases the size of the 

sanctuary from 448 square miles to 

4,300 square miles and extends 

protection to 47 additional known 

historic shipwrecks of national 

significance. NOAA has prepared a final 

environmental impact statement for this 

action. 

DATES: Effective Date: Pursuant to 

section 304(b) of the National Marine 

Sanctuaries Act (NMSA) (16 U.S.C. 

1434(b)), the revised designation and 

regulations shall take effect and become 

final after the close of a review period 

of forty-five days of continuous session 

of Congress beginning on September 5, 

2014. NOAA will publish an 

announcement of the effective date of 

the final regulations in the Federal 

Register. 

ADDRESSES: Copies of the final 

environmental impact statement (FEIS) 

described in this rule and the record of 

decision (ROD) are available upon 

request to Thunder Bay National Marine 


tkelley on DSK3SPTVN1PROD with RULES