13672 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Rules and Regulations 

creating additional controlled airspace 

at West Bend Municipal Airport (74 FR 

68746) Docket No. FAA–2009–1149. 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. Class E airspace 

designations are published in paragraph 

6005 of FAA Order 7400.9T signed 

August 27, 2009, and effective 

September 15, 2009, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

adding additional Class E airspace 

extending upward from 700 feet above 

the surface to accommodate SIAPs at 

West Bend Municipal Airport, West 

Bend, WI. This action is necessary for 

the safety and management of IFR 

operations at the airport. 

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. Therefore, this regulation: (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 U.S. Code. Subtitle 1, 

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 amends 

controlled airspace at West Bend 

Municipal Airport, West Bend, WI. 

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 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 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, and effective 

September 15, 2009 is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

AGL WI E5 West Bend, WI [Amended] 

West Bend Municipal Airport, WI 

(Lat. 43°25′20′′ N., long. 88°07′41′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.4-mile 

radius of West Bend Municipal Airport, and 

within 2 miles each side of the 239° bearing 

from the airport extending from the 7.4-mile 

radius to 11.4 miles southwest of the airport, 

excluding that airspace within the Hartford, 

WI, Class E airspace area. 

Issued in Fort Worth, Texas, on March 11, 

2010. 

Roger M. Trevino, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2010–6158 Filed 3–22–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 774 

[Docket No. 100119033–0042–01] 

RIN 0694–AE85 

Implementation of Both the 

Understandings Reached at the 2009 

Australia Group (AG) Plenary Meeting 

and a Decision Adopted Under the AG 

Intersessional Silent Approval 

Procedures 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is publishing this final 

rule to amend the Export 

Administration Regulations (EAR) to 

implement the understandings reached 

at the September 2009 plenary meeting 

of the Australia Group (AG). This rule 

also amends the EAR to implement a 

decision recommended at the 2009 AG 

Plenary that was adopted under the AG 

intersessional silent approval 

procedures in October 2009. 

Consistent with the understandings 

reached at the 2009 AG Plenary, this 

final rule amends the EAR to reflect the 

addition of technical notes to the AG 

‘‘Control List of Dual-Use Chemical 

Manufacturing Facilities and Equipment 

and Related Technology and Software.’’ 

The purpose of the new technical notes 

is to: clarify the term ‘‘alloys,’’ as used 

in reference to the types of ‘‘materials’’ 

from which such equipment is made; 

and clarify the term ‘‘nominal size,’’ as 

used in reference to the valves described 

on this AG control list. 

This final rule also amends the EAR 

to reflect the AG decision 

(recommended at the 2009 AG Plenary 

and adopted under the AG 

intersessional silent approval 

procedures) to remove ‘‘white pox’’ virus 

from the AG ‘‘List of Biological Agents 

for Export Control.’’ 

DATES: This rule is effective March 23, 

2010. Although there is no formal 

comment period, public comments on 

this regulation are welcome on a 

continuing basis. 

ADDRESSES: You may submit comments, 

identified by RIN 0694–AE85, by any of 

the following methods: 

• E-mail: publiccomments@bis.doc.

gov. Include ‘‘RIN 0694–AE85’’ in the 

subject line of the message. 

• Fax: (202) 482–3355. Please alert 

the Regulatory Policy Division, by 

calling (202) 482–2440, if you are faxing 

comments. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Rules and Regulations 13673 

• Mail or Hand Delivery/Courier: 

Willard Fisher, U.S. Department of 

Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

14th Street & Pennsylvania Avenue, W., 

Room 2705, Washington, DC 20230, 

Attn: RIN 0694–AE85. 

Send comments regarding this 

collection of information, including 

suggestions for reducing the burden, to 

Jasmeet Seehra, Office of Management 

and Budget (OMB), by e-mail 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. Comments on this collection 

of information should be submitted 

separately from comments on the final 

rule (i.e., RIN 0694–AE85)—all 

comments on the latter should be 

submitted by one of the three methods 

outlined above. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Betty Lee, Microbiologist, Chemical and 

Biological Controls Division, Office of 

Nonproliferation and Treaty 

Compliance, Bureau of Industry and 

Security, Telephone: (202) 482–5817. 

SUPPLEMENTARY INFORMATION: 

Background 

The Bureau of Industry and Security 

(BIS) is amending the Export 

Administration Regulations (EAR) to 

implement the understandings reached 

at the annual plenary meeting of the 

Australia Group (AG) that was held in 

Paris, France, on September 21–25, 

2009, as well as a decision 

recommended at the 2009 AG Plenary 

that was adopted under the AG 

intersessional silent approval 

procedures in October 2009. The AG is 

a multilateral forum, consisting of 40 

participating countries, that maintains 

export controls on a list of chemicals, 

biological agents, and related equipment 

and technology that could be used in a 

chemical or biological weapons 

program. The AG periodically reviews 

items on its control list to enhance the 

effectiveness of participating 

governments’ national controls and to 

achieve greater harmonization among 

these controls. 

Consistent with the understandings 

reached at the 2009 AG Plenary, this 

final rule amends the EAR to conform 

with certain changes to the AG ‘‘Control 

List of Dual-Use Chemical 

Manufacturing Facilities and Equipment 

and Related Technology and Software.’’ 

Specifically, this rule amends Export 

Control Classification Number (ECCN) 

2B350 (Chemical manufacturing 

facilities and equipment) on the 

Commerce Control List (CCL) 

(Supplement No. 1 to Part 774 of the 

EAR) by adding a new technical note 

and amending an existing technical note 

to clarify the use of the terms ‘‘nominal 

size’’ and ‘‘alloy’’ in connection with 

items controlled under this ECCN. 

First, this rule adds a new technical 

note immediately following 2B350.g to 

clarify that, for purposes of the valves 

described therein, the term ‘‘nominal 

size’’ is defined as the smaller of the 

inlet and outlet port diameters. Second, 

this rule amends Technical Note 2 at the 

end of ECCN 2B350 to clarify that, with 

respect to the ‘‘materials’’ from which 

the equipment is made, the term ‘‘alloy,’’ 

when not accompanied by a specific 

elemental concentration, is understood 

as identifying those alloys where the 

identified metal is present in a higher 

percentage by weight than any other 

element. 

Finally, this rule amends ECCN 1C351 

on the CCL to reflect the AG decision 

(recommended at the 2009 AG Plenary 

and adopted under the AG 

intersessional silent approval 

procedures) to remove ‘‘white pox’’ virus 

from the AG ‘‘List of Biological Agents 

for Export Control.’’ Consistent with this 

change, this rule renumbers and/or 

reorders certain viruses listed in ECCN 

1C351.a to conform with the format in 

the AG List of Biological Agents. The 

AG decision to remove this virus from 

its list of biological agents is based on 

the fact that the International Committee 

on Taxonomy of Viruses does not 

recognize ‘‘white pox’’ virus as a 

separate entity, since the virus has been 

determined to be a laboratory artifact 

resulting from sample contamination 

with the variola virus. 

Although the Export Administration 

Act expired on August 20, 2001, the 

President, through Executive Order 

13222 of August 17, 2001, 3 CFR, 2001 

Comp., p. 783 (2002), as extended by the 

Notice of August 13, 2009, 74 FR 41325 

(August 14, 2009), has continued the 

Export Administration Regulations in 

effect under the International 

Emergency Economic Powers Act. 

Saving Clause 

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 

April 22, 2010, 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 May 7, 

2010. Any such items not actually 

exported or reexported before midnight, 

on May 7, 2010, require a license in 

accordance with this regulation. 

‘‘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 May 7, 2010. Beginning at 

midnight on May 7, 2010, 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. 

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 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 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
13674 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Rules and Regulations 

States (See 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 final 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. 

Therefore, this regulation is issued in 

final form. Although there is no formal 

comment period, public comments on 

this regulation are welcome on a 

continuing basis. 

List of Subjects in 15 CFR Part 774 

Exports, Foreign trade, Reporting and 

recordkeeping requirements. 

■ Accordingly, part 774 of the Export 

Administration Regulations (15 CFR 

parts 730–774) is amended as follows: 

PART 774—[AMENDED] 

■ 1. 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; 46 U.S.C. app. 466c; 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 13, 2009, 74 

FR 41325 (August 14, 2009). 

Supplement No. 1 to Part 774— 

[Amended] 

■ 2. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1— Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms’’ & ‘‘Toxins,’’ ECCN 

1C351 is amended by revising paragraph 

(a) under ‘‘Items’’ in the List of Items 

Controlled, to read as follows: 

1C351 Human and zoonotic pathogens 

and ‘‘toxins’’, as follows (see List of 

Items Controlled). 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

a. Viruses, as follows: 

a.1. Chikungunya virus; 

a.2. Congo-Crimean haemorrhagic 

fever virus (a.k.a. Crimean-Congo 

haemorrhagic fever virus); 

a.3. Dengue fever virus; 

a.4. Eastern equine encephalitis virus; 

a.5. Ebola virus; 

a.6. Hantaan virus; 

a.7. Junin virus; 

a.8. Lassa fever virus; 

a.9. Lymphocytic choriomeningitis 

virus; 

a.10. Machupo virus; 

a.11. Marburg virus; 

a.12. Monkey pox virus; 

a.13. Rift Valley fever virus; 

a.14. Tick-borne encephalitis virus 

(Russian Spring-Summer encephalitis 

virus); 

a.15. Variola virus; 

a.16. Venezuelan equine encephalitis 

virus; 

a.17. Western equine encephalitis 

virus; 

a.18. Yellow fever virus; 

a.19. Japanese encephalitis virus; 

a.20. Kyasanur Forest virus; 

a.21. Louping ill virus; 

a.22. Murray Valley encephalitis 

virus; 

a.23. Omsk haemorrhagic fever virus; 

a.24. Oropouche virus; 

a.25. Powassan virus; 

a.26. Rocio virus; 

a.27. St. Louis encephalitis virus; 

a.28. Hendra virus (Equine 

morbillivirus); 

a.29. South American haemorrhagic 

fever (Sabia, Flexal, Guanarito); 

a.30. Pulmonary and renal syndromehaemorrhagic fever viruses (Seoul, 

Dobrava, Puumala, Sin Nombre); or 

a.31. Nipah virus. 

* * * * * 

■ 3. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

2—Materials Processing, ECCN 2B350 is 

amended by adding a Technical Note 

immediately following paragraph (g) 

under ‘‘Items’’ in the List of Items 

Controlled and by revising Technical 

Note 2 at the end of the entry to read 

as follows: 

2B350 Chemical manufacturing 

facilities and equipment, except valves 

controlled by 2A226 or 2A292, as 

follows (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

* * * * * 

g. * * * 

Technical Note to 2B350.g: The ‘nominal 

size’ is defined as the smaller of the inlet and 

outlet port diameters 

* * * * * 

j. * * * 

Technical Note 1: * * * 

Technical Note 2: For the items listed in 

2B350, the term ‘alloy,’ when not 

accompanied by a specific elemental 

concentration, is understood as identifying 

those alloys where the identified metal is 

present in a higher percentage by weight than 

any other element. 

Dated: March 17, 2010. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–6371 Filed 3–22–10; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 774 

[Docket No. 0908041218–91220–01] 

RIN 0694–AE58 

Wassenaar Arrangement 2008 Plenary 

Agreements Implementation: 

Categories 1, 2, 3, 4, 5 Parts I and II, 

6, 7, 8 and 9 of the Commerce Control 

List, Definitions, Reports; Correction 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: The Bureau of Industry and 

Security (BIS) published a final rule in 

the Federal Register on Friday, 

December 11, 2009, that revised the 

Export Administration Regulations 

(EAR) by amending entries for certain 

items that are controlled for national 

security reasons in Categories 1, 2, 3, 4, 

5 Part I (telecommunications), 5 Part II 

(information security), 6, 7, 8, and 9; 

adding new entries to the Commerce 

Control List, revising reporting 

requirements, and adding and amending 

EAR Definitions. That final rule 

contained errors that affected Export 

Control Classification Numbers 1A004 

and 5A001. This document corrects 

these errors. 

DATES: Effective Date: This rule is 

effective March 23, 2010. 

ADDRESSES: Written comments on this 

rule may be sent to the Federal Register 

eRulemaking Portal: http:// 

www.regulations.gov, or by e-mail to 

publiccomments@bis.doc.gov. Include 

RIN 0694–AE58 in the subject line of 

the message. Comments may be 

submitted by mail or hand delivery to 

Sharron Cook, Office of Exporter 

Services, Regulatory Policy Division, 

Bureau of Industry and Security, U.S. 

Department of Commerce, 14th St., & 

Pennsylvania Avenue, NW., Room 

H2705, Washington, DC 20230, ATTN: 

RIN AE58; or by fax to (202) 482–3355. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1