37742 Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Proposed Rules 

on all issues. Like all Committee 

meetings, the May 19, 2010, meeting 

was a public meeting and all entities, 

both large and small, were able to 

express views on the issues. 

Additionally, interested persons are 

invited to submit information on the 

regulatory and informational impacts of 

this action on small businesses. 

This proposed rule would impose no 

additional reporting or recordkeeping 

requirements on either small or large 

Washington apricot handlers. As with 

all Federal marketing order programs, 

reports and forms are periodically 

reviewed to reduce information 

requirements and duplication by 

industry and public sector agencies. 

Additionally, USDA has not identified 

any relevant Federal rules that 

duplicate, overlap, or conflict with this 

rule. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

AMSv1.0/ams.fetchTemplate

Data.do?template=TemplateN&page=

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Antoinette 

Carter at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

A 15-day comment period is provided 

to allow interested persons to respond 

to this proposed rule. Fifteen days is 

deemed appropriate because: (1) The 

2010–11 fiscal period began on April 1, 

2010, and the order requires that the 

assessment rate for each fiscal period 

apply to all assessable apricots handled 

during such fiscal period; (2) the 

Washington apricot harvest and 

shipping season is expected to begin as 

early as the last week of June; (3) the 

Committee needs to have sufficient 

funds to pay its expenses, which are 

incurred on a continuous basis; and (4) 

handlers are aware of this action, which 

was recommended by the Committee at 

a public meeting and is similar to other 

assessment rate actions issued in past 

years. 

List of Subjects in 7 CFR Part 922 

Apricots, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 922 is proposed to 

be amended as follows: 

PART 922—APRICOTS GROWN IN 

DESIGNATED COUNTIES IN 

WASHINGTON 

1. The authority citation for 7 CFR 

part 922 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

2. Section 922.235 is revised to read 

as follows: 

§ 922.235 Assessment rate. 

On or after April 1, 2010, an 

assessment rate of $1.50 per ton is 

established for the Washington Apricot 

Marketing Committee. 

Dated: June 25, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–15941 Filed 6–29–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 742 and 774 

[Docket No. 080724907–91435–01] 

RIN 0694–AE44 

Addition of New Export Control 

Classification Number 6A981 Passive 

Infrasound Sensors to the Commerce 

Control List of the Export 

Administration Regulations, and 

Related Amendments 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Proposed rule, request for 

comments. 

SUMMARY: The Bureau of Industry and 

Security proposes to amend the Export 

Administration Regulations (EAR) by 

adding Export Control Classification 

Number (ECCN) 6A981 to the 

Commerce Control List (CCL) to control 

passive infrasound sensors because of 

their military and commercial utility. 

Items under this new ECCN will be 

controlled for Regional Stability (RS) 

and Anti-Terrorism (AT) reasons. In 

addition, BIS proposes to control 

technology and software for the 

development, production, or use of 

these items for RS and AT reasons 

under revised ECCNs 6D991 and 6E991, 

respectively. 

DATES: Comments must be received by 

August 30, 2010. 

ADDRESSES: You may submit comments, 

identified by RIN–AE44 by any of the 

following methods: 

E-mail: publiccomments@bis.doc.gov 

or via www.regulations.gov. Include 

‘‘RIN–AE44’’ 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. 

Mail or Hand Deliver/Courier: 

Sharron Cook, U.S. Department of 

Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

14th St. & Pennsylvania Ave., NW., 

Room 2705, Washington, DC 20230, 

Attn: RIN–AE44. 

Send comments regarding the 

collection of information associated 

with the rule, including suggestions for 

reducing the burden, to Jasmeet Seehra, 

Office of Management and Budget 

(OMB), by e-mail to 

jseehra@omb.eop.gov, or by fax to (202) 

395–7285; and to the U.S. Department of 

Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

14th St. & Pennsylvania Ave., NW., 

Room 2705, Washington, DC 20230. 

FOR FURTHER INFORMATION CONTACT: 

James Thompson, Sensors and Aviation 

Division, Bureau of Industry and 

Security, Telephone: (202) 482–4252. 

SUPPLEMENTARY INFORMATION: 

Background 

The Bureau of Industry and Security 

proposes to amend the Export 

Administration Regulations (EAR) by 

imposing new foreign policy export and 

reexport controls on certain infrasound 

sensors (i.e., sensors capable of 

detecting sound from 0.01 to 16 Hertz). 

Infrasound sensors are used by the oil 

exploration industry, meteorologists, 

seismologists, and the military to detect 

natural or man-made infrasound sources 

including earthquakes, volcanic 

eruptions, rocket launch, and/or nuclear 

explosions. 

Passive infrasound sensors, which 

possess civil and military utility, are not 

currently specified in the CCL, but 

similar sensors are subject to the EAR. 

Today’s passive infrasound sensors have 

updated electronics, which increase 

their sensitivity and allow the detection 

of additional infrasound sources. 

Because of the enhanced capabilities of 

current sensors, these passive 

infrasound sensors have military and 

commercial applications, and therefore 

should be controlled under the EAR for 

regional stability (RS) and antiterrorism 

(AT) reasons. 

BIS proposes to amend the EAR, 

Supplement No. 1 to Part 774 

(Commerce Control List), Category 6 

(Sensors and Lasers) by adding Export 

Control Classification Number (ECCN) 

6A981. This new ECCN 6A981 would be 

controlled for RS and AT reasons and 


cprice-sewell on DSKHWCL6B1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Proposed Rules 37743 

would have the following control 

parameters; ‘‘Sensors designed to 

measure pressure whose 3 dB 

bandwidth intersects any part of the 

infrasound band of 0.01–16 Hz and have 

a sensor band-limited root mean 

squared (RMS) self-noise from 0.5–2Hz 

less than 0.15 milliPascals, which is 

equivalent to an average of –77 dB 

(relative to 1 Pa∧2/Hz) across the 0.5– 

2Hz band.’’ 

BIS proposes to require a license for 

the export and reexport of these sensors 

to countries with an X in the box under 

RS Column 2 and AT Column 1 on the 

Commerce Country Chart (See 

Supplement No. 1 to Part 738 of the 

EAR.) There may be license exceptions 

available for export of these items under 

certain circumstances (License 

Exceptions GOV, TMP, RPL, TSU, BAG, 

and APR). 

This rule also proposes to revise the 

headings of ECCNs 6E001 and 6E002 to 

make clear that ECCN 6A981 is 

excluded from the scope of these 

entries. In addition, this rule proposes 

to revise the headings and license 

requirements sections of ECCNs 6D991 

and 6E991 in order to add RS and AT 

controls for development, production or 

use technology and software for 

equipment under ECCN 6A981. 

All other license requirements of the 

EAR that are applicable to a transaction 

involving these sensors would also 

apply to items controlled by new ECCN 

6A981 (e.g., end-user and end-use based 

license requirements set forth in Part 

744 of the EAR). 

Since August 21, 2001, the Export 

Administration Act of 1979, as 

amended, has been in lapse. However, 

the President, through Executive Order 

13222 of August 17, 2001 (3 CFR, 2001 

Comp. 783 (2002)), which has been 

extended by successive Presidential 

Notices, the most recent being that of 

August 13, 2009 (74 FR 41325 (August 

14, 2009)), has continued the EAR in 

effect under the International 

Emergency Economic Powers Act (50 

U.S.C. 1701–1707). 

Request for Public Comments 

BIS is requesting public comment on 

the possible impact of this proposed 

rule. As these sensors are not currently 

described on the Commerce Control List 

(CCL), it is difficult for BIS to determine 

how many U.S. companies manufacture 

these sensors and would be impacted by 

this new control. Therefore BIS is 

seeking specific information about the 

impact of this proposed rule, as follows: 

1. Whether your company 

manufactures parts, software, or 

technology that would be controlled if 

this rule was to be promulgated. 

2. What the end-use is for the sensors 

your company manufactures. 

3. What the typical end-uses are for 

these sensors, other than those end-uses 

described in this proposed rule. 

4. Whether the parameters set forth in 

this rule are appropriate to control 

sensors that could be used to detect 

rocket launch and/or nuclear 

explosions, or whether the parameters 

are overly broad. If the controls are 

overly broad, could the parameters be 

narrowed to capture sensors that BIS is 

interested in controlling. 

5. Whether there is foreign availability 

for these sensors. If foreign availability 

does exist, it would be helpful if your 

company could provide BIS with the 

URLs referencing these sensors on 

foreign Web sites or other foreign 

marketing material. 

Rulemaking Requirements 

1. This proposed rule has been 

determined to be not significant for 

purposes of E.O. 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 previously 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. This rule is 

not expected to result in any change for 

collection purposes. 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 this 

term is defined under 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 (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 proposed 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. 

List of Subjects 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

Accordingly, Parts 742 and 774 of the 

Export Administration Regulations (15 

CFR Parts 730–774) are proposed to be 

amended as follows: 

PART 742—[AMENDED] 

1. The authority citation for part 742 

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. 3201 et seq.; 

42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 

U.S.C. 7210; Sec 1503, Pub. L. 108–11, 117 

Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 

1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 

3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 

FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Presidential Determination 

2003–23 of May 7, 2003, 68 FR 26459, May 

16, 2003; Notice of August 13, 2009, 74 FR 

41325 (August 14, 2009); Notice of November 

6, 2009, 74 FR 58187 (November 10, 2009). 

§ 742.6 [Amended] 

2. Section 742.6 is amended by 

revising paragraph (a)(4)(i) to read as 

follows: 

§ 742.6 Regional Stability. 

(a) * * * 

(4) RS Column 2 license 

requirements—(i) License Requirements 

Applicable to Most RS Column 2 Items. 

As indicated in the CCL and in RS 

Column 2 of the Commerce Country 

Chart (see Supplement No. 1 to part 738 

of the EAR), a license is required to any 

destination except Australia, Japan, 

New Zealand, and countries in the 

North Atlantic Treaty Organization 

(NATO) for items described on the CCL 

under ECCNs 0A918, 0E918, 1A004.d, 

1D003 (software to enable equipment to 

perform the functions of equipment 

controlled by 1A004.d), 1E001 

(technology for the development, 

production, or use of 1A004.d), 2A983, 

2A984, 2D983, 2D984, 2E983, 2E984, 


cprice-sewell on DSKHWCL6B1PROD with PROPOSALS-1
37744 Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Proposed Rules 

6A981, 6D991 (only ‘‘software’’ for the 

‘‘production’’, ‘‘development’’, or ‘‘use’’ of 

commodities in ECCN 6A981), 6E991 

(only for ‘‘technology’’ for the 

‘‘production, ‘‘development’’, or ‘‘use’’ of 

commodities in ECCN 6A981), 8A918, 

and for military vehicles and certain 

commodities (specially designed) used 

to manufacture military equipment, 

described on the CCL in ECCNs 

0A018.c, 1B018.a, 2B018, 9A018.a and 

.b, 9D018 (only software for the ‘‘use’’ of 

commodities in ECCN 9A018.a and .b), 

and 9E018 (only technology for the 

‘‘development’’, ‘‘production’’, or ‘‘use’’ of 

commodities in 9A018.a and .b). 

* * * * * 

PART 774—[AMENDED] 

3. The authority citation for 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] 

4. In Supplement No. 1 to Part 774 

(the Commerce Control List) Category 6 

is amended by adding Export Control 

Classification Number (ECCN) 6A981 

after ECCN 6A226 to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

6A981 Passive infrasound sensors, as 

follows (see List of Items 

Controlled). 

License Requirements 

Reason for Control: RS, AT 

Control Country chart 

RS applies to entire 

entry.

RS Column 2. 

AT applies to entire 

entry.

AT Column 1. 

License Exceptions 

LVS: N/A 

GBS: N/A 

CIV: N/A 

List of Items Controlled 

Unit: Number 

Related Controls: N/A 

Related Definitions: N/A 

Items: 

a. Sensors designed to measure 

pressure whose 3 dB bandwidth 

intersects any part of the infrasound 

band of 0.01–16 Hz and have a sensor 

band-limited root mean squared (RMS) 

self-noise from 0.5–2 Hz less than 0.15 

milliPascals, which is equivalent to an 

average of ¥77 dB (relative to 1 Pa∧2/ 

Hz) across the 0.5–2 Hz band. 

b. [RESERVED] 

* * * * * 

5. In Supplement No. 1 to Part 774 

(the Commerce Control List) Category 6 

is amended by revising the Heading and 

the License Requirements section of 

ECCN 6D991 to read as follows: 

6D991 ‘‘Software’’ specially designed 

for the ‘‘development’’, 

‘‘production’’, or ‘‘use’’ of equipment 

controlled by 6A002.e, 6A981, 

6A991, 6A996, 6A997, or 6A998. 

License Requirements 

Reason for Control: RS, AT 

Control(s) Country chart 

RS applies to ‘‘software’’ for equipment controlled by 

6A002.e or 

6A998.b.

RS Column 1. 

RS applies to ‘‘software’’ for equipment controlled by 

6A981.

RS Column 2. 

AT applies to entire 

entry, except ‘‘software’’ for equipment controlled by 

6A991.

AT Column 1. 

AT applies to ‘‘software’’ for equipment controlled by 

6A991.

AT Column 2. 

* * * * * 

6. In Supplement No. 1 to Part 774 

(the Commerce Control List) Category 6 

is amended by revising the Heading of 

ECCN 6E001 to read as follows: 

6E001 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘development’’ of equipment, 

materials or ‘‘software’’ controlled 

by 6A (except 6A981, 6A991, 

6A992, 6A994, 6A995, 6A996, 

6A997, or 6A998), 6B (except 

6B995), 6C (except 6C992 or 

6C994), or 6D (except 6D991, 

6D992, or 6D993). 

* * * * * 

7. In Supplement No. 1 to Part 774 

(the Commerce Control List) Category 6 

is amended by revising the Heading of 

ECCN 6E002 to read as follows: 

6E002 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘production’’ of equipment or 

materials controlled by 6A (except 

6A981, 6A991, 6A992, 6A994, 

6A995, 6A996, 6A997 or 6A998), 

6B (except 6B995) or 6C (except 

6C992 or 6C994). 

* * * * * 

8. In Supplement No. 1 to Part 774 

(the Commerce Control List) Category 6 

is amended by revising the Heading and 

the License Requirements section of 

ECCN 6E991 to read as follows: 

6E991 ‘‘Technology’’ for the 

‘‘development’’, ‘‘production’’ or 

‘‘use’’ of equipment controlled by 

6A981, 6A991, 6A996, 6A997, or 

6A998. 

License Requirements 

Reason for Control: RS, AT 

Control(s) Country chart 

RS applies to ‘‘technology’’ for equipment controlled by 

6A998.b.

RS Column 1. 

RS applies to ‘‘technology’’ for equipment controlled by 

6A981..

RS Column 2. 

AT applies to entire 

entry except ‘‘technology’’ for equipment controlled by 

6A991.

AT Column 1. 

AT applies to ‘‘technology’’ for equipment controlled by 

6A991.

AT Column 2. 

* * * * * 

Dated: June 25, 2010. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–15928 Filed 6–29–10; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

50 CFR Part 660 

[Docket No. 100212086–0210–01] 

RIN 0648–AY68 

Fisheries off West Coast States; 

Pacific Coast Groundfish Fishery 

Management Plan; Amendments 20 

and 21; Trawl Rationalization Program; 

Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; correction. 


cprice-sewell on DSKHWCL6B1PROD with PROPOSALS-1