3762 Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations 

approaches are the Area Navigation 

(Global Positioning System) (RNAV 

(GPS)) Runway (RWY) 01, original, (2) 

RNAV (GPS) RWY 19, original. The 

unnamed revised DP is published in the 

front of the U.S. Terminal Procedures 

Alaska Vol 1. Class E controlled 

airspace extending upward from 700 ft. 

above the surface in the Holy Cross 

Airport area is modified by this action. 

Interested parties were invited to 

participate in this rulemaking 

proceeding by submitting written 

comments on the proposal to the FAA. 

No public comments have been 

received; thus the rule is adopted as 

proposed. 

The area will be depicted on 

aeronautical charts for pilot reference. 

The coordinates for this airspace docket 

are based on North American Datum 83. 

The Class E airspace areas designated as 

700/1,200 ft. transition areas are 

published in paragraph 6005 of FAA 

Order 7400.9N, Airspace Designations 

and Reporting Points, dated September 

1, 2005, and effective September 15, 

2005, which is incorporated by 

reference in 14 CFR 71.1. The Class E 

airspace designation listed in this 

document will be published 

subsequently in the Order. 

The Rule 

This amendment to 14 CFR part 71 

modifies Class E airspace at Holy Cross, 

Alaska. This Class E airspace is 

modified to accommodate aircraft 

executing two new SIAPs, and one 

revised DP and will be depicted on 

aeronautical charts for pilot reference. 

The intended effect of this rule is to 

provide adequate controlled airspace for 

Instrument Flight Rule (IFR) operations 

at Holy Cross Airport, Holy Cross, 

Alaska. 

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. 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 a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule 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 United States 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 1, Section 

40103, Sovereignty and use of airspace. 

Under that section, the FAA is charged 

with prescribing regulations to ensure 

the safe and efficient use of the 

navigable airspace. This regulation is 

within the scope of that authority 

because it creates Class E airspace 

sufficient in size to contain aircraft 

executing instrument procedures for the 

Holy Cross Airport and represents the 

FAA’s continuing effort to safely and 

efficiently use the navigable airspace. 

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 7400.9N, 

Airspace Designations and Reporting 

Points, dated September 1, 2005, and 

effective September 15, 2005, 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 Holy Cross, AK [Revised] 

Holy Cross Airport, AK 

(Lat. 62°11′18′′ N., long. 159°46′30′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of the Holy Cross Airport. 

* * * * * 

Issued in Anchorage, AK, on January 13, 

2006. 

Anthony M. Wylie, 

Manager, Safety, Area Flight Service 

Operations. 

[FR Doc. 06–592 Filed 1–23–06; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF STATE 

22 CFR Parts 122 and 129 

[Public Notice: 5278] 

RIN 1400–AB97 

Rule Title: Amendment to the 

International Traffic in Arms 

Regulations: Registration Fee Change 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: This rule makes final the 

interim rule that amended the 

International Traffic in Arms 

Regulations (ITAR) (22 CFR Parts 122 

and 129) by increasing the registration 

fees, changing the registration renewal 

period, and making other minor 

administrative changes. Comments 

received on the interim rule are 

analyzed in the SUPPLEMENTARY

INFORMATION section. No changes were 

made to the interim rule. 

DATES: Effective Date: The interim rule 

is adopted as final February 23, 2006. 

FOR FURTHER INFORMATION CONTACT: 

David Trimble, Office of Defense Trade 

Controls Compliance, Bureau of 

Political-Military Affairs, Department of 

State, Washington, DC 20522–0112, 

202–663–2807 or FAX 202–261–8199. 

ATTN: ITAR Regulatory Change, 22 CFR 

part 122 and part 129. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 8, 2004, the Department 

of State published an interim rule 

(Public Notice 4920; 69 FR 70888), with 

a request for comments, amending the 

ITAR (22 CFR parts 122 and 129) by 

increasing the registration fees, 

changing the registration renewal 

period, and making other minor 

administrative changes. The 

administration of the Arms Export 

Control Act (22 U.S.C. 2751 et seq.), 

regulations for which are set forth in the 

ITAR, is a foreign affairs function. The 

Department received 43 comments from 

ITAR registrants and defense-related 

associations. 


rmajette on PROD1PC67 with RULES
Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations 3763 

Comment Analysis 

Impact on Small Business and Fee 

Relief 

The majority of comments received 

concerned the fee increase’s impact on 

small businesses. The comments 

provided noted the burden the fee 

increase would place on small 

businesses, and some sought relief from 

the increase. Prior to the publication of 

the interim rule, the Department fully 

considered the financial burden the fee 

increase would place on industry and 

small businesses when it decided upon 

the new fee structure, and concluded 

that the impact would be minimal for 

the majority of the registrants. In 

addition, as noted in the Regulatory 

Findings and Notice section, the 

Department has found that this fee 

increase will not result in an annual 

effect on the economy of $100 million 

or more; a major increase in costs or 

prices for consumers, individual 

industries, Federal, State, or local 

government agencies, or geographic 

regions; or significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

export markets. 

Rational for Increasing Registration Fees 

Ten comments were received 

regarding the rationale for increasing the 

registration fee. The Department has 

increased the ITAR registration fee to 

help fund the activities of its Directorate 

of Defense Trade Controls (DDTC), as set 

forth in 22 U.S.C. 2717. In particular, 

the additional revenue will assist DDTC 

in achieving its goals of expanded 

automation, compliance, training, and 

quality assurance. The additional 

resources will enable DDTC to serve the 

export community with greater 

efficiency. This increase in registration 

fees is the first increase since 1997. 

Registration Requirements 

Three comments were received 

regarding whether particular entities 

must register with DDTC. The interim 

rule and this final rule address an 

increase in the registration fee, the 

registration renewal period, and other 

minor administrative changes. The 

regulations pertaining to who must 

register with DDTC remain unchanged. 

Pursuant to 22 CFR 122.1, any person 

who engages in the United States in the 

business of either manufacturing or 

exporting defense articles or furnishing 

defense services is required to register 

with the Office (now Directorate) of 

Defense Trade Controls. Manufacturers 

who do not engage in exporting must 

nevertheless register. In addition, 22 

CFR 129.1 states that section 

38(b)(1)(A)(ii) of the Arms Export 

Control Act (22 U.S.C. 2778) provides 

that persons engaged in the business of 

brokering activities shall register and 

pay a registration fee. Furthermore, 22 

CFR 129.2 states that, inter alia, 

brokering activities include activities by 

U.S. persons who are located inside or 

outside of the United States or foreign 

persons subject to U.S. jurisdiction 

involving defense articles or defense 

services of U.S. or foreign origin, which 

are located inside or outside of the 

United States. 

Rationale for Two-Year Registration 

Two comments were received 

requesting the retention of the option to 

register up to a maximum period of four 

years. DDTC has reduced the maximum 

registration period to two years because 

the increased volume of mergers and 

acquisitions by regulated companies has 

made it more difficult to maintain 

accurate information on registrants. 

Also, DDTC encountered problems with 

companies not updating their 

registration, except at the time of their 

renewal, as required by 22 CFR 129.4(c). 

The change from a four-year to a twoyear maximum registration period will 

improve the currency and accuracy of 

the registrants’ information, which is 

critical to all licensing decisions. 

List of Subjects 

22 CFR Part 122 

Arms and munitions, Exports. 

22 CFR Part 129 

Arms and munitions, Exports, 

Technical assistance. 

Accordingly, for the reasons set forth 

above, the interim rule published at 69 

FR 70888 is adopted as final. 

Dated: Decemher 21, 2005. 

Robert G. Joseph, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 06–667 Filed 1–23–06; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD05–06–004] 

RIN 1625–AA–09 

Drawbridge Operation Regulations; 

Elizabeth River, Eastern Branch, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has approved a 

temporary deviation from the 

regulations governing the operation of 

the Berkley Bridge, at mile 0.4, across 

the Eastern Branch of the Elizabeth 

River in Norfolk, Virginia. To facilitate 

electrical repairs, this deviation allows 

the drawbridge to remain closed-tonavigation from 7 a.m. on February 7, 

2006, to 7 a.m. on February 8, 2006 and 

from 7 a.m. on February 14, 2006, to 7 

a.m. on February 15, 2006. 

DATES: This deviation is effective from 

7 a.m. on February 7, 2006, to 7 a.m. on 

February 15, 2006. 

FOR FURTHER INFORMATION CONTACT: Gary 

Heyer, Bridge Management Specialist, 

Fifth Coast Guard District, at (757) 398–

6629. 

SUPPLEMENTARY INFORMATION: The 

Berkley Bridge, a lift-type drawbridge, 

has a vertical clearance in the closed 

position to vessels of 48 feet, at mean 

high water. 

The bridge owner, the Virginia 

Department of Transportation, has 

requested a temporary deviation from 

the current operating regulation set out 

in 33 CFR 117.1007, to effect electrical 

repairs of the draw span. 

To facilitate the repairs, the 

drawbridge will be closed to navigation 

from 7 a.m. on February 7, 2006, to 7 

a.m. on February 8, 2006 and from 7 

a.m. on February 14, 2006, to 7 a.m. on 

February 15, 2006. During these periods, 

the repairs require immobilizing the 

operation of the lift span in the closedto-navigation position. At all other 

times, the drawbridge will operate in 

accordance with the current operating 

regulations outlined in 33 CFR 

117.1007. 

The Coast Guard has informed the 

known users of the waterway so that 

they can arrange their transits to 

minimize any impact caused by the 

temporary deviation. 

In accordance with 33 CFR 117.35(c), 

this work will be performed with all due 

speed in order to return the bridge to 


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