11000 Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Rules and Regulations 

§ 538.533 Exportation of certain services 

and software incident to Internet-based 

communications. 

(a) To the extent that such 

transactions are not exempt from the 

prohibitions of this part and subject to 

the restrictions set forth in paragraph (b) 

of this section, the following 

transactions are authorized: 

(1) The exportation from the United 

States or by U.S. persons, wherever 

located, to persons in Sudan of services 

incident to the exchange of personal 

communications over the Internet, such 

as instant messaging, chat and email, 

social networking, sharing of photos and 

movies, web browsing, and blogging, 

provided that such services are publicly 

available at no cost to the user. 

(2) The exportation from the United 

States or by U.S. persons, wherever 

located, to persons in Sudan of software 

necessary to enable the services 

described in paragraph (a)(1) of this 

section, provided that such software is 

classified as ‘‘EAR99’’ under the Export 

Administration Regulations, 15 CFR 

parts 730 through 774 (the ‘‘EAR’’), is not 

subject to the EAR, or is classified by 

the U.S. Department of Commerce 

(‘‘Commerce’’) as mass market software 

under export control classification 

number (‘‘ECCN’’) 5D992 of the EAR, 

and provided further that such software 

is publicly available at no cost to the 

user. 

(b) This section does not authorize: 

(1) The direct or indirect exportation 

of services or software with knowledge 

or reason to know that such services or 

software are intended for the 

Government of Sudan. 

(2) The direct or indirect exportation 

of any goods or technology listed on the 

Commerce Control List in the EAR, 15 

CFR part 774, supplement No. 1 

(‘‘CCL’’), except for software necessary to 

enable the services described in 

paragraph (a)(1) of this section that is 

classified by Commerce as mass market 

software under ECCN 5D992 of the EAR. 

(3) The direct or indirect exportation 

of Internet connectivity services or 

telecommunications transmission 

facilities (such as satellite links or 

dedicated lines). 

(4) The direct or indirect exportation 

of web-hosting services that are for 

purposes other than personal 

communications (e.g., web-hosting 

services for commercial endeavors) or of 

domain name registration services. 

(c) Specific licenses may be issued on 

a case-by-case basis for the exportation 

of other services and software incident 

to the sharing of information over the 

Internet, provided the software is 

classified as ‘‘EAR99,’’ not subject to the 

EAR, or classified by Commerce as mass 

market software under ECCN 5D992 of 

the EAR. 

(d) Nothing in this section or in any 

license issued pursuant to paragraph (c) 

of this section relieves the exporter from 

compliance with the export license 

application requirements of another 

Federal agency. 

PART 560—IRANIAN TRANSACTIONS 

REGULATIONS 

■ 5. The authority citation for part 560 

is revised to read as follows: 

Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, 

2332d; 22 U.S.C. 2349aa–9; 31 U.S.C. 321(b); 

50 U.S.C. 1601–1651, 1701–1706; Pub. L. 

101–410, 104 Stat. 890 (28 U.S.C. 2461 note); 

22 U.S.C. 7201–7211; Pub. L. 110–96, 121 

Stat. 1011 (50 U.S.C. 1705 note); E.O. 12613, 

52 FR 41940, 3 CFR, 1987 Comp., p. 256; E.O. 

12957, 60 FR 14615, 3 CFR, 1995 Comp., p. 

332; E.O. 12959, 60 FR 24757, 3 CFR, 1995 

Comp., p. 356; E.O. 13059, 62 FR 44531, 3 

CFR, 1997 Comp., p. 217. 

Subpart E—Licensing, Authorizations, 

and Statements of Licensing Policy 

■ 6. Add a new § 560.540 to subpart E 

to read as follows: 

§ 560.540 Exportation of certain services 

and software incident to Internet-based 

communications. 

(a) To the extent that such 

transactions are not exempt from the 

prohibitions of this part and subject to 

the restrictions set forth in paragraph (b) 

of this section, the following 

transactions are authorized: 

(1) The exportation from the United 

States or by U.S. persons, wherever 

located, to persons in Iran of services 

incident to the exchange of personal 

communications over the Internet, such 

as instant messaging, chat and email, 

social networking, sharing of photos and 

movies, web browsing, and blogging, 

provided that such services are publicly 

available at no cost to the user. 

(2) The exportation from the United 

States or by U.S. persons, wherever 

located, to persons in Iran of software 

necessary to enable the services 

described in paragraph (a)(1) of this 

section, provided that such software is 

classified as ‘‘EAR99’’ under the Export 

Administration Regulations, 15 CFR 

parts 730 through 774 (the ‘‘EAR’’), is not 

subject to the EAR, or is classified by 

the U.S. Department of Commerce 

(‘‘Commerce’’) as mass market software 

under export control classification 

number (‘‘ECCN’’) 5D992 of the EAR, 

and provided further that such software 

is publicly available at no cost to the 

user. 

(b) This section does not authorize: 

(1) The direct or indirect exportation 

of services or software with knowledge 

or reason to know that such services or 

software are intended for the 

Government of Iran. 

(2) The direct or indirect exportation 

of any goods or technology listed on the 

Commerce Control List in the EAR, 15 

CFR part 774, supplement No. 1 

(‘‘CCL’’), except for software necessary to 

enable the services described in 

paragraph (a)(1) of this section that is 

classified by Commerce as mass market 

software under ECCN 5D992 of the EAR. 

(3) The direct or indirect exportation 

of Internet connectivity services or 

telecommunications transmission 

facilities (such as satellite links or 

dedicated lines). 

(4) The direct or indirect exportation 

of web-hosting services that are for 

purposes other than personal 

communications (e.g., web-hosting 

services for commercial endeavors) or of 

domain name registration services. 

(c) Specific licenses may be issued on 

a case-by-case basis for the exportation 

of other services and software incident 

to the sharing of information over the 

Internet, provided the software is 

classified as ‘‘EAR99,’’ not subject to the 

EAR, or classified by Commerce as mass 

market software under ECCN 5D992 of 

the EAR. 

Dated: March 3, 2010. 

Adam J. Szubin, 

Director, Office of Foreign Assets Control. 

[FR Doc. 2010–5023 Filed 3–8–10; 10:00 am] 

BILLING CODE 4810–AL–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0124] 

RIN 1625–AA87 

Security Zone; Freeport LNG Basin, 

Freeport, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard has 

established a permanent security zone 

in the Freeport LNG Basin. This security 

zone is needed to protect vessels, 

waterfront facilities, the public, and 

other surrounding areas from 

destruction, loss, or injury caused by 

sabotage, subversive acts, accidents, or 

other actions of a similar nature. Entry 

into this zone is prohibited, except for 

vessels that have obtained the express 


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Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Rules and Regulations 11001 

permission from the Captain of the Port 

Houston-Galveston or his designated 

representative. 

DATES: This rule is effective April 9, 

2010. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2008–0124 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2008–0124 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

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 rule, call or 

e-mail Lieutenant Commander Kevin 

Ivey, Marine Safety Unit Galveston, 

Coast Guard; telephone 409–978–2704, 

e-mail Kevin.L.Ivey@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 

On April 30, 2009 we published a 

notice of proposed rulemaking (NPRM) 

entitled Security Zone; Freeport LNG 

Basin, Freeport, TX in the Federal 

Register (33 FR 19926). We received no 

comments on the proposed rule. 

Background and Purpose 

Heightened awareness of potential 

terrorist acts requires enhanced security 

of our ports, harbors, and vessels. To 

enhance security, the Captain of the Port 

Houston-Galveston has established a 

permanent security zone. 

This rule establishes a new distinct 

security zone within the port of 

Freeport, TX. This zone protects 

waterfront facilities, persons, and 

vessels from subversive or terrorist acts. 

Vessels operating within the Captain of 

the Port Houston-Galveston Zone are 

potential targets of terrorist attacks, or 

platforms from which terrorist attacks 

may be launched upon from other 

vessels, waterfront facilities, and 

adjacent population centers. 

This zone is for an area concentrated 

with commercial facilities considered 

critical to national security. This rule is 

not designed to restrict access to vessels 

engaged, or assisting in commerce with 

waterfront facilities within the security 

zones, vessels operated by port 

authorities, vessels operated by 

waterfront facilities within the security 

zones, and vessels operated by federal, 

state, county or municipal agencies. By 

limiting access to this area the Coast 

Guard reduces potential methods of 

attack on vessels, waterfront facilities, 

and adjacent population centers located 

within the zones. All vessels not 

exempted under § 165.814 desiring to 

enter this zone are required to obtain 

express permission from the Captain of 

the Port Houston-Galveston or his 

designated representative prior to entry. 

Discussion of Comments and Changes 

No comments were received regarding 

this rule. The Coast Guard is 

implementing the rule as proposed, 

without change. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. The economic impact of this rule 

is so minimal that a full Regulatory 

Evaluation was unnecessary. The basis 

of this finding is that this security zone 

does not interfere with regular vessel 

traffic within the Freeport Ship Channel 

or the Intracoastal Waterway. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule does not have a significant 

economic impact on a substantial 

number of small entities for the 

following reason: This rule does not 

interfere with regular vessel traffic 

within the Freeport Ship Channel and/ 

or the Intracoastal Waterway. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could better evaluate its effects 

on them and participate in the 

rulemaking process. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 


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11002 Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Rules and Regulations 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction because this 

rule involves a regulation establishing, 

disestablishing, or changing Regulated 

Navigation Areas and security or safety 

zones. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. In § 165.814— 

■ a. Remove paragraph (b); 

■ b. Redesignate paragraph (c) as (b); 

and 

■ c. Add paragraph (a)(5)(vi) and revise 

redesignated paragraph (b)(2) to read as 

follows: 

§ 165.814 Security Zone; Captain of the 

Port Houston-Galveston Zone. 

(a) * * * 

(5) * * * 

(vi) The Freeport LNG Basin 

containing all waters shoreward of a 

line drawn between the eastern point at 

latitude 28°56′25′′ N, 095°18′13′′ W, and 

the western point at 28°56′28′′ N, 

095°18′31′′ W, east towards the jetties. 

(b) * * * 

(2) Other persons or vessels requiring 

entry into a zone described in this 

section must request express permission 

to enter from the Captain of the Port 

Houston-Galveston, or designated 

representative. The Captain of the Port 

Houston-Galveston’s designated 

representatives are any personnel 

granted authority by the Captain of the 

Port Houston-Galveston to receive, 

evaluate, and issue written security 

zone entry permits, or the designated 

on-scene U.S. Coast Guard patrol 

personnel described in paragraph (b)(4). 

* * * * * 

Dated: December 28, 2009. 

M.E. Woodring, 

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

Port Houston-Galveston. 

[FR Doc. 2010–5056 Filed 3–9–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 261 

[EPA–R04–RCRA–2008–0900; FRL–9124–8] 

Hazardous Waste Management 

System; Identification and Listing of 

Hazardous Waste; Final Rule 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: Environmental Protection 

Agency (EPA) is granting the petition 

submitted by The Valero Refining 

Company—Tennessee, LLC (Valero) to 

exclude or ‘‘delist’’ a certain sediment 

generated by its Memphis Refinery in 

Memphis, Tennessee from the lists of 

hazardous wastes. This final rule 

responds to a petition submitted by 

Valero to delist F037 waste. The F037 

waste is sediment generated in the 

Storm Water Basin. 

After careful analysis and use of the 

Delisting Risk Assessment Software 

(DRAS), EPA has concluded the 

petitioned waste is not hazardous waste. 

The F037 exclusion is a one-time 

exclusion for 2,700 cubic yards of the 

F037 Storm Water Basin sediment. 

Accordingly, this final rule excludes the 

petitioned waste from the requirements 

of hazardous waste regulations under 

the Resource Conservation and 

Recovery Act (RCRA). 

DATES: Effective Date: March 10, 2010. 

ADDRESSES: The public docket for this 

final rule is available either 

electronically at http:// 

www.regulations.gov or in hard copy at 

the RCRA and OPA Enforcement and 

Compliance Branch, RCRA Division, 

U.S. Environmental Protection Agency 

Region 4, Sam Nunn Atlanta Federal 

Center, 61 Forsyth Street, SW., Atlanta, 

Georgia 30303 and is available for 

viewing through the EPA Freedom of 

Information Act (FOIA) from 9 a.m. to 

4 p.m., Monday through Friday, 

excluding Federal holidays. Call the 

FOIA Officer at (404) 562–8028 for 

appointments. The public may copy 

material from any regulatory docket at 

no cost for the first 100 pages and at a 

cost of $0.15 per page for additional 

copies. 


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