Federal Register / Vol. 77, No. 97 / Friday, May 18, 2012 / Proposed Rules 29579 

Note: See Category X(a)(7). 

(2) Specially treated or formulated 

dyes, coatings, and fabrics used in the 

design, manufacture, or production of 

personnel protective clothing, 

equipment, or face paints designed to 

protect against or reduce detection by 

radar, infrared, or other sensors at 

wavelengths greater than 900 

nanometers. 

Note: See Category X(a)(2). 

(3) Equipment, materials, coatings, 

and treatments that are ‘‘specially 

designed’’ to modify the electro-optical, 

radiofrequency, infrared, electric, laser, 

magnetic, electromagnetic, acoustic, 

electro-static, or wake signatures of 

defense articles or military items subject 

to the EAR through control of 

absorption, reflection, or emission. 

(k) Tooling and equipment, as 

follows: 

(1) Tooling and equipment ‘‘specially 

designed’’ for production of low 

observable (LO) components; or 

(2) Portable platform signature field 

repair validation equipment (e.g., 

portable optical interrogator that 

validates integrity of a repair to a 

signature reduction structure). 

(l) Technical data (as defined in 

§ 120.10 of this subchapter), and defense 

services (as defined in § 120.9 of this 

subchapter) directly related to the 

defense articles enumerated in 

paragraphs (a) through (h), (j), and (k) of 

this category. (See also § 123.20 of this 

subchapter.) (MT for technical data and 

defense services related to articles 

designated as such.) 

(m) The following interpretations 

explain and amplify terms used in this 

category and elsewhere in this 

subchapter: 

(1) Composite armor is defined as 

having more than one layer of different 

materials or a matrix. 

(2) Spaced armors are metallic or nonmetallic armors that incorporate an air 

space or obliquity or discontinuous 

material path effects as part of the defeat 

mechanism. 

(3) Reactive armor employs 

explosives, propellants, or other 

materials between plates for the purpose 

of enhancing plate motion during a 

ballistic event or otherwise defeating the 

penetrator. 

(4) Electromagnetic armor (EMA) 

employs electricity to defeat threats 

such as shaped charges. 

(5) Materials used in composite armor 

could include layers of metals, plastics, 

elastomers, fibers, glass, ceramics, 

ceramic-glass reinforced plastic 

laminates, encapsulated ceramics in a 

metallic or non-metallic matrix, 

functionally gradient ceramic-metal 

materials, or ceramic balls in a cast 

metal matrix. 

(6) For this Category, a material is 

considered transparent if it allows 75% 

or greater transmission of light in the 

visible spectrum through a 1 mm thick 

nominal sample. 

(7) The material controlled in 

paragraph (e)(3) of this category has not 

been treated to reach the 75% 

transmission level referenced in (m)(6) 

of this category. 

(8) Metal laminate armors are two or 

more layers of metallic materials which 

are mechanically or adhesively bonded 

together to form an armor system. 

(9) Em is the line-of-sight target mass 

effectiveness ratio and provides a 

measure of the tested armor’s 

performance to that of rolled 

homogenous armor, where Em is defined 

as follows: 

Where: 

rRHA = density of RHA, (7.85 g/cm3) 

Po = Baseline Penetration of RHA, (mm) 

Pr = Residual Line of Sight Penetration, 

either positive or negative (mm RHA 

equivalent) 

ADTARGET = Line-of-Sight Areal Density of 

Target (kg/m2) 

(10) NIJ is the National Institute of 

Justice and Level III refers to the 

requirements specified in NIJ standard 

0108.01 Ballistic Resistant Protective 

Materials. 

* * * * * 

Dated: May 10, 2012. 

Rose E. Gottemoeller, 

Acting Under Secretary, Acting Under 

Secretary, Arms Control and International 

Security, Department of State. 

[FR Doc. 2012–12123 Filed 5–17–12; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 90 

[OVW Docket No. 110] 

RIN 1105–AB40 

Removing Unnecessary Office on 

Violence Against Women Regulations 

AGENCY: Office on Violence Against 

Women, Justice. 

ACTION: Proposed rule. 

SUMMARY: This rule proposes to remove 

the regulations for the STOP Violence 

Against Indian Women Discretionary 

Grant Program, because the Program no 

longer exists, and the Grants to Combat 

Violent Crimes Against Women on 

Campuses Program, because the 

regulations are no longer required and 

are unnecessary. 

DATES: Written comments must be 

postmarked and electronic comments 

must be submitted on or before July 17, 

2012. Comments received by mail will 

be considered timely if they are 

postmarked on or before that date. The 

electronic Federal Docket Management 

System (FDMS) will accept comments 

until Midnight Eastern Time at the end 

of that day. 

ADDRESSES: To ensure proper handling 

of comments, please reference ‘‘Docket 

No. OVW 110’’ on all electronic and 

written correspondence. The 

Department encourages the electronic 

submission of all comments through 

http://www.regulations.gov using the 

electronic comment form provided on 

that site. For easy reference, an 

electronic copy of this document is also 

available at the http://www.regulations.

gov Web site. It is not necessary to 

submit paper comments that duplicate 

the electronic submission, as all 

comments submitted to http://www.

regulations.gov will be posted for public 

review and are part of the official docket 

record. However, should you wish to 

submit written comments through 

regular or express mail, they should be 

sent to Kathi Grasso, Office on Violence 

Against Women, United States 

Department of Justice, 145 N Street NE., 

Suite 10W.121, Washington, DC 20530. 

FOR FURTHER INFORMATION CONTACT: 

Kathi Grasso, Office on Violence 

Against Women (OVW), United States 

Department of Justice, 145 N Street NE., 

Suite 10W.121, Washington, DC 20530 

at kathi.grasso2@usdoj.gov or (202) 305– 

9098. 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments. Please 

note that all comments received are 

considered part of the public record and 

made available for public inspection 

online at http://www.regulations.gov. 

Such information includes personal 

identifying information (such as your 

name and address) voluntarily 

submitted by the commenter. 

You are not required to submit 

personal identifying information in 

order to comment on this rule. If you 

want to submit personal identifying 

information (such as your name and 

address) as part of your comment, but 

do not want it posted online, you must 

include the phrase ‘‘PERSONAL 

IDENTIFYING INFORMATION’’ in the 

first paragraph of your comment. You 

also must locate all personal identifying 

information that you do not want posted 

online in the first paragraph of your 


srobinson on DSK4SPTVN1PROD with PROPOSALSEP18MY12.044</GPH>
29580 Federal Register / Vol. 77, No. 97 / Friday, May 18, 2012 / Proposed Rules 

comment and identify what information 

you want redacted. 

If you want to submit confidential 

business information as part of your 

comment, but do not want it to be 

posted online, you must include the 

phrase ‘‘CONFIDENTIAL BUSINESS 

INFORMATION’’ in the first paragraph 

of your comment. You also must 

prominently identify confidential 

business information to be redacted 

within the comment. If a comment has 

so much confidential business 

information that it cannot be effectively 

redacted, all or part of that comment 

may not be posted on http://www.

regulations.gov. 

Personal identifying and confidential 

business information identified and 

located as set forth above will be placed 

in the agency’s public docket file, but 

not posted online. If you wish to inspect 

the agency’s public docket file in person 

by appointment, please see the 

paragraph above entitled FOR FURTHER

INFORMATION CONTACT. 

The reason the Department requests 

electronic comments before Midnight 

Eastern Time, at the end of the day the 

comment period closes, is that the interagency Regulations.gov/Federal Docket 

Management System (FDMS), which 

receives electronic comments, 

terminates the public’s ability to submit 

comments at that time. Commenters in 

time zones other than Eastern may want 

to take this fact into account so that 

their electronic comments can be 

received. The constraints imposed by 

the Regulations.gov/FDMS system do 

not apply to U.S. postal comments 

which, as stated above, will be 

considered as timely filed if they are 

postmarked before Midnight on the day 

the comment period closes. 

Background 

STOP VAIW Program 

In 1994, Congress passed the Violence 

Against Women Act (VAWA), a 

comprehensive legislative package 

aimed at ending violence against 

women. VAWA was enacted on 

September 13, 1994, as title IV of the 

Violent Crime Control and Law 

Enforcement Act of 1994, Public Law 

103–322, 108 Stat. 1796. VAWA was 

designed to improve criminal justice 

system responses to domestic violence, 

sexual assault, and stalking, and to 

increase the availability of services for 

victims of these crimes. The STOP 

VAIW Program was codified at 42 

U.S.C. 3796gg through 3796gg–5. The 

final rule for this program, found at 28 

CFR part 90, subpart C, under the 

heading Indian Tribal Governments 

Discretionary Program, was 

promulgated on April 18, 1995 (74 FR 

19474). 

The Violence Against Women and 

Department of Justice Reauthorization 

Act of 2005 (VAWA 2005), Public Law 

109–162, 119 Stat. 2960 (January 5, 

2006) (hereinafter ‘‘VAWA 2005’’), 

eliminated the STOP VAIW Program 

and replaced it with the Grants to 

Indian Tribal Governments Program 

which is codified at 42 U.S.C. 3796gg– 

10. Accordingly, this rule proposes to 

remove the now unnecessary STOP 

VAIW Program regulations. 

Higher Education Amendments of 1998 

Violence against women on college 

and university campuses also is a 

serious, widespread problem. To help 

address this problem, Congress 

authorized the Grants to Combat Violent 

Crimes Against Women on Campuses 

Program in title VIII, part E, section 826 

of the Higher Education Amendments of 

1998, Public Law 105–244, 112 Stat. 

1581 (Oct. 7, 1998). Consistent with 

VAWA, the Grants to Combat Violent 

Crimes Against Women on Campuses 

Program is designed to encourage the 

higher education community to adopt 

comprehensive, coordinated strategies 

for preventing and stopping violence 

against women. This program was 

originally codified at 20 U.S.C. 1152. 

VAWA 2005 renamed it the Grants to 

Combat Violent Crimes on Campus 

Program (Campus) and recodified it at 

42 U.S.C. 14045b. The final rule for the 

program, found at 28 CFR part 90, 

subpart E, was promulgated on July 22, 

1999 (64 FR 39774). 

When VAWA 2005 recodified the 

program, it removed the requirement for 

regulations. The current regulations are 

unnecessary as they add very little that 

is not already legally required under 

VAWA 2005 for grantees of the Campus 

Program. Accordingly, this rule also 

proposes to remove the Grants To 

Combat Violent Crimes Against Women 

on Campuses regulations. 

Regulatory Certifications 

Executive Orders 12866 and 13563— 

Regulatory Review 

This regulation has been drafted and 

reviewed in accordance with Executive 

Order 12866, ‘‘Regulatory Planning and 

Review,’’ section 1(b), Principles of 

Regulation, and in accordance with 

Executive Order 13563, ‘‘Improving 

Regulation and Regulatory Review,’’ 

section 1(b). General Principles of 

Regulation. 

The Department of Justice has 

determined that this rule is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, section 3(f), 

Regulatory Planning and Review, and 

accordingly this rule has not been 

reviewed by the Office of Management 

and Budget. 

Further, both Executive Orders 12866 

and 13563 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. The 

Department has assessed the costs and 

benefits of this regulation and believes 

that the regulatory approach selected 

maximizes net benefits. 

Executive Order 13132—Federalism 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this rule does not 

have sufficient federalism implications 

to warrant the preparation of a 

Federalism Assessment. 

Executive Order 12988—Civil Justice 

Reform 

This regulation meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

As set forth more fully above in the 

Supplementary Information portion, 

this rule will not result in substantial 

direct increased costs to Indian Tribal 

governments. Eliminating regulations 

for a program that no longer exists will 

not affect tribes. 

Regulatory Flexibility Act 

The Office on Violence Against 

Women, in accordance with the 

Regulatory Flexibility Act (5 U.S.C. 

605(b)), has reviewed this regulation 

and, by approving it, certifies that this 

regulation will not have a significant 

economic impact upon a substantial 

number of small entities for the 

following reason: The economic impact 

is limited to the Office on Violence 

Against Women’s appropriated funds. 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 97 / Friday, May 18, 2012 / Proposed Rules 29581 

Unfunded Mandates Reform Act of 1995 

This rule will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100,000,000 or more 

in any one year, and it will not uniquely 

affect small governments. Therefore, no 

actions were deemed necessary under 

the provisions of the Unfunded 

Mandates Reform Act of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. This rule will not 

result in an annual effect on the 

economy of $100,000,000 or more; a 

major increase in cost or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete in domestic and 

export markets. 

List of Subjects in 28 CFR Part 90 

Grant programs; Judicial 

administration. 

For the reason set forth in the 

preamble, the Office on Violence 

Against Women proposes to amend 28 

CFR part 90 as follows: 

PART 90—VIOLENCE AGAINST 

WOMEN 

1. The authority citation for Part 90 

reads as follows: 

Authority: 42 U.S.C. 3711–3796gg–7; Sec. 

826, Part E, Title VIII, Public Law 105–244, 

112 Stat. 1581, 1815. 

Subpart C—Indian Tribal Governments 

Discretionary Program [Removed and 

Reserved] 

2. Remove and reserve subpart C, 

consisting of §§ 90.50–90.59. 

Subpart E—[Removed and Reserved] 

3. Remove and reserve subpart E, 

consisting of §§ 90.100–90.106. 

Dated: May 10, 2012. 

Bea Hanson, 

Acting Director, Office on Violence Against 

Women, U.S. Department of Justice. 

[FR Doc. 2012–12134 Filed 5–17–12; 8:45 am] 

BILLING CODE 4410–FX–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0809; FRL–9673–5] 

Approval and Promulgation of 

Implementation Plans; Florida; Section 

128 and 110(a)(2)(E)(ii) and (G) 

Infrastructure Requirements for the 

1997 8-Hour Ozone National Ambient 

Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Supplemental proposed rule. 

SUMMARY: EPA is proposing to 

supplement an April 18, 2012, proposed 

rule related to submissions provided by 

the State of Florida, through the Florida 

Department of Environmental Protection 

(FDEP) on December 13, 2007, and 

supplemented on April 18, 2008, to 

demonstrate that the Florida State 

Implementation Plan (SIP) meets the 

‘‘infrastructure’’ requirements of 

sections 110(a)(1) and (2) of the Clean 

Air Act (CAA or Act) for the 1997 

8-hour ozone national ambient air 

quality standards (NAAQS). First, EPA 

is proposing to supplement that earlier 

proposed action by proposing full 

approval of the State’s section 

110(a)(2)(E)(ii) infrastructure SIP in 

addition to the earlier proposed 

conditional approval of this subelement. Second, EPA is proposing 

approval of the State’s section 

110(a)(2)(G) infrastructure SIP in 

addition to the earlier proposed federal 

implementation plan (FIP) for this 

element. In addition, EPA is proposing 

to approve two related draft revisions to 

the Florida SIP that were submitted for 

parallel processing by FDEP on April 

19, 2012, to address the requirements of 

section 128 and the substantive 

requirements of section 110(a)(2)(G) of 

the CAA. 

DATES: Written comments must be 

received on or before June 18, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2011–0809, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-RDS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2011– 

0809,’’ Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2011– 

0089. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 


srobinson on DSK4SPTVN1PROD with PROPOSALS