37038 Federal Register / Vol. 65, No. 114 / Tuesday, June 13, 2000 / Rules and Regulations

The Class E airspace areas designated as

700/1200 foot transition areas are

published in paragraph 6005 of FAA

Order 7400.9G, Airspace Designations

and Reporting Points, dated September

1, 1999, and effective September 16,

1999, which is incorporated by

reference in 14 CFR 71.1. The Class E

airspace designations listed in this

document will be revised and published

subsequently in the Order.

The Rule

This amendment to 14 CFR part 71

(part 71) establishes Class E airspace

within the Yukon-Kushkokwim Delta

area in southwest Alaska. The intended

effect of this rule is to create adequate

controlled airspace and infrastructure

for IFR operations within the in the

Yukon-Kushkokwim Delta area where

uncontrolled airspace currently exists.

This controlled airspace is needed to

validate new operational procedures

and equipment in the IFR environment

in support of the Capstone R&D project.

Additionally, this rule will enhance

flight safety, reduce the potential for

midair collisions, improve operational

efficiencies, and better manage air traffic

operations.

The FAA has determined that these

proposed regulations only involve an

established body of technical

regulations for which frequent and

routine amendments are necessary to

keep them operationally current. It,

therefore (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.

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,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; 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 Federal Aviation

Administration Order 7400.9G,

Airspace Designations and Reporting

Points, dated September 1, 1999, and

effective September 16, 1999, is

amended as follows:

Paragraph 6005 Class E airspace extending

upward from 700 feet or more above the

surface of the earth.

* * * * *

AAL AK E5 Yukon-Kuskokwim Delta, AK

[New]

That airspace extending upward from

1,200 feet above the surface within the area

bounded by lat. 58° 25′ 36′′ N long. 158° 00′

W, to lat. 57° 50′ N long. 158° 00′ W, to lat.

57° 50′ N long. 156° 00′ W, to lat. 64° 00′ N

long. 156° 00′ W, to lat. 64° 00′ N long. 161°

41′ 24′′ W, then via the 12 nautical mile limit

to the point of beginning.

* * * * *

Issued in Anchorage, AK, on June 6, 2000.

Willis C. Nelson,

Manager, Air Traffic Division, Alaskan

Region.

[FR Doc. 00–14861 Filed 6–12–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Airspace Docket No. 00–ASO–8]

RIN 2120–AA66

Amendment to Time of Designation for

Restricted Area R–7104 (R–7104),

Vieques Island, PR

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action amends the time

of designation for Restricted Area R–

7104 (R–7104), Vieques Island, PR.,

from ‘‘Intermittent, 0600–2300 local

time, daily; other times by NOTAM 24

hours in advance’’ to ‘‘As activated by

NOTAM 24 hours in advance.’’ The

FAA is taking this action in response to

a request from the United States Navy

(USN) and the FAA Southern Regional

Air Traffic Division.

EFFECTIVE DATE: 0901 UTC, August 10,

2000.

FOR FURTHER INFORMATION CONTACT:

Terry Brown, Airspace and Rules

Division, ATA–400, Office of Air Traffic

Airspace Management, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone: (202) 267–8783.

SUPPLEMENTARY INFORMATION:

Background

As a result of a review of restricted

area operations, the USN and the FAA

Southern Regional Air Traffic Division

requested to change the requirements

for the activation of R–7104, Vieques

Island, PR. This action will simplify the

Times of Designation portion of FAA

Order 7400.8.

The Rule

This amendment to 14 CFR part 73

changes the time of designation for R–

7104, Vieques Island, PR, by removing

the words ‘‘Intermittent, 0600–2300

local time, daily; other times by

NOTAM 24 hours in advance,’’ and

inserting the words ‘‘As activated by

NOTAM 24 hours in advance.’’

Since this is an administrative change

and does not affect the boundaries,

designated altitudes, or activities

conducted therein; I find that notice and

public procedures under 5 U.S.C. 553(b)

are unnecessary.

Section 73.71 of part 73 was

republished in FAA Order 7400.8G,

dated September 1, 1999.

The FAA has determined that this

action 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.

Environmental Review

In accordance with FAA Order

1050.1D, ‘‘Polices and Procedures for

Considering Environmental Impacts,’’

and the National Environmental Policy

Federal Register / Vol. 65, No. 114 / Tuesday, June 13, 2000 / Rules and Regulations 37039

Act of 1969, this action is not subject to

environmental assessments and

procedures.

List of Subjects in 14 CFR Part 73

Airspace, Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 73, as follows:

PART 73—SPECIAL USE AIRSPACE

1. The authority citation for part 73

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.

§ 73.71 [Amended]

2. § 73.71 is amended as follows:

* * * * *

R–7104 Vieques Island, PR [Amended]

By removing the words ‘‘Intermittent,

0600–2300 local time, daily; other times by

NOTAM 24 hours in advance’’ and inserting

the words ‘‘As activated by NOTAM 24 hours

in advance.’’

* * * * *

Issued in Washington, DC, June 5, 2000.

Reginald C. Matthews,

Manager, Airspace and Rules Division.

[FR Doc. 00–14859 Filed 6–12–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 774

[Docket No. 990701179–0167–03]

RIN 0694–AB90

Expansion of License Exception CIV

Eligibility for ‘‘Microprocessors’’

Controlled by ECCN 3A001 and

Graphics Accelerators Controlled by

ECCN 4A003

AGENCY: Bureau of Export

Administration, Commerce.

ACTION: Interim rule with request for

comments.

SUMMARY: The Bureau of Export

Administration (BXA) maintains the

Commerce Control List (CCL), which

identifies those items subject to

Department of Commerce export

licensing requirements. Consistent with

technological changes, this interim rule

adjusts the License Exception CIV

eligibility level for microprocessors

controlled by Export Control

Classification Number (ECCN) 3A001

from a composite theoretical

performance (CTP) of equal to or less

than 3500 million theoretical operations

per second (MTOPS) to a CTP of equal

to or less than 4500 MTOPS. This rule

also adjusts the License Exception CIV

eligibility level for graphics accelerators

controlled by Export Control

Classification Number (ECCN) 4A003

from 75 million vectors per second to

100 million vectors per second. License

Exception CIV authorizes exports and

reexports to civil end-users for civil

end-uses in Country Group D:1. CIV

may not be used for exports or reexports

to military end-users or end-uses.

To avoid unwarranted burdens on

industry and keep the export control

levels for commodity microprocessors at

controllable levels, the Administration

is committed to reviewing the CIV level

on an ongoing basis. Based on industry

projections, substantially more powerful

commodity microprocessors will be

released later this year. In light of this

information, the Administration will

continue to monitor the microprocessor

market, and as circumstances warrant,

we anticipate raising the CIV eligibility

levels from 4500 MTOPS to a level

somewhere between 5500 and 7000

MTOPS to account for the more

powerful microprocessors entering mass

production.

The exponential advance of

microprocessor technology directly

affects High Performance Computer

(HPC) technology. Accordingly, the

Administration is also committed to

reviewing HPC control levels regularly.

This summer, we will once again assess

the HPC market to determine at what

level computers are no longer

controllable due to wide commercial

production and dissemination of the

computers and their components.

Additionally, we will determine if the

individual licensing levels for

computers exported to Tier 2 and Tier

3 countries require adjustment. Finally,

we will continue to examine whether

CTP remains a viable metric for

determining HPC export controls.

DATES: This rule is effective June 13,

2000. Comments on this rule must be

received on or July 13, 2000.

ADDRESSES: Written comments should

be sent to Hillary Hess, Regulatory

Policy Division, Bureau of Export

Administration, Department of

Commerce, P.O. Box 273, Washington,

DC 20044.

FOR FURTHER INFORMATION CONTACT:

James Lewis, Director, Office of

Strategic Trade and Foreign Policy

Controls, Bureau of Export

Administration, Telephone: (202) 482–

4196.

SUPPLEMENTARY INFORMATION: Although

the Export Administration Act (EAA)

expired on August 20, 1994, the

President invoked the International

Emergency Economic Powers Act and

continued in effect the EAR, and, to the

extent permitted by law, the provisions

of the EAA in Executive Order 12924 of

August 19, 1994, as extended by the

President’s notices of August 15, 1995

(60 FR 42767), August 14, 1996 (61 FR

42527), August 13, 1997 (62 FR 43629),

August 13, 1998 (63 FR 44121), and

August 10, 1999 (64 FR 44101, August

13, 1999).

Rulemaking Requirements

1. This interim 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 (PRA), unless that

collection of information displays a

currently valid OMB Control Number.

This rule involves a collection of

information subject to the Paperwork

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

et seq.). This collection has been

approved by the Office of Management

and Budget under control number 0694–

0088.

3. This rule does not contain policies

with Federalism implications sufficient

to warrant preparation of a Federalism

assessment 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 interim 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.

However, because of the importance

of the issues raised by these regulations,

this rule is issued in interim form and

comments will be considered in the

development of final regulations.

Accordingly, the Department

encourages interested persons who wish