68438 Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Rules and Regulations 

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, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 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 FAA Order 7400.9P, 

Airspace Designations and Reporting 

Points, dated September 1, 2006, and 

effective September 15, 2006, is 

amended as follows: 

Paragraph 2004 Jet Routes. 

* * * * * 

J–510 [Remove] 

* * * * * 

J–512 [New] 

From; Emmonak, AK; Unalakleet, AK; to 

Galena, AK 

* * * * * 

Paragraph 6009 (a) Green Federal airways. 

* * * * * 

G–8 [Revised] 

From Shemya, AK, NDB, 20 AGL; Mount 

Moffet, AK, NDB, 20 AGL; Dutch Harbor, AK, 

NDB, 20 AGL; INT Dutch Harbor NDB 041° 

and Elfee, AK, NDB 253° bearings, 20 AGL; 

Elfee, AK, NDB, 20 AGL; Saldo, AK, NDB; 

INT Saldo, AK, NDB 054° and Kachemak, 

AK, NDB 269° bearings; to Kachemak NDB, 

AK. 

* * * * * 

G–11 [New] 

From Campbell Lake, AK, NDB; INT 

Campbell Lake, AK, NDB 031° and Glenallen, 

AK, NDB 255° bearings; Glenallen, AK, NDB; 

INT Glenallen, AK, 052° and Nabesna, AK, 

NDB 252° bearings; to Nabesna, AK, NDB. 

* * * * * 

Paragraph 6009 (c) Amber Federal airways. 

* * * * * 

A–2 [Revised] 

From Beaver Creek, YT, Canada, NDB; 

Nebesna, AK, NDB; to Delta Junction, AK, 

NDB. The airspace within Canada is 

excluded. 

* * * * * 

A–9 [New] 

From Browerville, AK, NDB.; Evansville, 

AK, NDB; to Chena, AK, NDB 

* * * * * 

A–15 [Revised] 

From Ethelda, BC, Canada, NDB; Nichols, 

AK, NDB; Sumner Strait, AK, NDB; Coghlan 

Island, AK, NDB; Haines, AK, NDB; Burwash, 

YT, Canada, NDB; Beaver Creek, YT, Canada, 

NDB; Nabesna, AK, NDB; to Delta Junction, 

AK, NDB. The airspace within Canada is 

excluded. 

* * * * * 

A–17 [New] 

From Chena, AK, NDB; Chandalar Lake, 

AK, NDB; to Put River, AK, NDB. 

* * * * * 

Issued in Washington, DC, on November 

16, 2006. 

Ellen Crum, 

Acting Manager, Airspace and Rules. 

[FR Doc. E6–19834 Filed 11–24–06; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 738 and 740 

[Docket No. 061101286–6286–01] 

RIN 0694–AD85 

Addition of ‘‘Montenegro’’ and 

‘‘Serbia’’ as Separate Countries in the 

Export Administration Regulations 

Based on U.S. Recognition of 

Montenegro as a Sovereign State 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is amending the Export 

Administration Regulations (EAR) to 

add ‘‘Montenegro’’ and ‘‘Serbia’’ as 

separate countries in the EAR and to 

establish separate export licensing 

requirements for Montenegro and 

Serbia. BIS is taking this action to 

update the EAR to reflect the United 

States’ recognition of Montenegro as a 

sovereign state by the United States. 

EFFECTIVE DATE: This rule is effective 

November 27, 2006. 

ADDRESSES: Although this is a final rule, 

comments are welcome and should be 

sent to publiccomments@bis.doc.gov, by 

fax to (202) 482–3355, or to Jeffery 

Lynch, Regulatory Policy Division, 

Bureau of Industry and Security, 

Department of Commerce, P.O. Box 273, 

Washington, DC 20044. Please refer to 

regulatory identification number (RIN) 

0694–AD85 in all comments, and in the 

subject line of email comments. 

Comments on the collection of 

information should be sent to David 

Rostker, Office of Management and 

Budget (OMB) by e-mail to 

David_Rostker@omb.eop.gov, or by fax 

to (202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: Joan 

M. Maloney-Roberts, Foreign Policy 

Division, Office of Nonproliferation 

Treaty Compliance, Bureau of Industry 

and Security, Telephone: (202) 482–

4196. 

SUPPLEMENTARY INFORMATION: This final 

rule deletes ‘‘Serbia and Montenegro’’

and adds ‘‘Montenegro’’ and ‘‘Serbia’’ as 

separate entries on the Commerce 

Country Chart in Supplement No. 1 to 

part 738 of the EAR for export licensing 

purposes. In a press release dated June 

13, 2006, the U.S. Department of State 

announced that the United States 

recognized Montenegro as a sovereign 

state based on an internationally 

recognized May 21, 2006 referendum. 

See Press Release, U.S. Department of 

State, U.S. Recognizes Montenegro as 

Independent State (June 13, 2006), 

available at http://www.state.gov/ 

secretary/rm/2006/67839.htm. 

Previously, the EAR referred to ‘‘Serbia 

and Montenegro’’ as one country. This 

final rule also updates references to 

‘‘Serbia and Montenegro’’ in part 740 of 

the EAR to reflect Montenegro’s legal 

separation from the state union of Serbia 

and Montenegro. 

Specifically, this rule amends the EAR 

as follows: 

1. In Supplement No. 1 to part 738 of 

the EAR, the Commerce Country Chart 

is amended by removing ‘‘Serbia and 

Montenegro’’ and by adding 

‘‘Montenegro’’ and ‘‘Serbia.’’ This 

amendment does not affect any of the 

license requirements indicated on the 

Commerce Country Chart, since the 

Commerce Control List based license 

requirements that apply to 

‘‘Montenegro’’ and ‘‘Serbia’’ are the 

same as those that applied to ‘‘Serbia 

and Montenegro’’ prior to the 

publication of this rule. 

2. In Supplement No. 1 to part 740 of 

the EAR (Country Groups), Country 

Group B is amended by removing 

‘‘Serbia and Montenegro’’ and adding 

‘‘Montenegro’’ and ‘‘Serbia’’. 

3. Section 740.7(d)(1) of the EAR 

(Computer Tier 3 destinations) is 

amended by removing ‘‘Serbia and 

Montenegro’’ and adding ‘‘Montenegro’’

and ‘‘Serbia’’ for License Exception APP 

purposes. 

Although the Export Administration 

Act expired on August 20, 2001, the 

President, through Executive Order 

13222 of August 17, 2001, 3 CFR, 2001 

Comp., p. 783 (2002), as extended by the 

Notice of August 3, 2006, 71 FR 44551 

(August 7, 2006), has continued the 

Export Administration Regulations in 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Rules and Regulations 68439 

effect under the International 

Emergency Economic Powers Act. 

Rulemaking Requirements 

1. This final 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 David Rostker, 

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 final 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. 

Therefore, this regulation is issued in 

final form. Although there is no formal 

comment period, public comments on 

this regulation are welcome on a 

continuing basis. Comments should be 

submitted to 

publiccomments@bis.doc.gov, by fax to 

(202) 482–3355, or to Jeffery Lynch, 

Regulatory Policy Division, Bureau of 

Industry and Security, Department of 

Commerce, P.O. Box 273, Washington, 

DC 20044. 

List of Subjects 

15 CFR Part 738 

Administrative practice and 

procedure, Exports, Foreign trade. 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, Foreign trade, 

Reporting and recordkeeping 

requirements. 

■ Accordingly, parts 738 and 740 of the 

Export Administration Regulations (15 

CFR parts 730–774) are amended as 

follows: 

PART 738—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 738 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); 18 U.S.C. 2510 et seq.; 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; Sec. 901–911, Pub. L. 

106–387; Sec. 221, Pub. L. 107–56; 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 3, 2006, 71 

FR 44551 (August 7, 2006). 

Supplement No. 1 to Part 738 

[Amended] 

■ 2. Supplement No. 1 to Part 738 is 

amended by removing the entry for 

‘‘Serbia and Montenegro’’ and by 

adding, in alphabetical order, new 

entries for ‘‘Montenegro’’ and ‘‘Serbia’’

to read as follows: 

SUPPLEMENT NO. 1 TO PART 738—COMMERCE COUNTRY CHART

[Reason for control] 

Countries 

Chemical & Biological 

Weapons 

Nuclear 

Nonproliferation 

National 

Security 

Missile 

Tech 

Regional 

Stability 

Firearms 

Convention 

Crime 

Control 

AntiTerrorism 

CB 

1 

CB 

2 

CB 

3 

NP 

1 

NP 

2 

NS 

1 

NS 

2 

MT 

1 

RS 

1 

RS 

2 

FC 

1 

CC 

1 

CC 

2 

CC 

3 

AT 

1 

AT 

2 

* * * * * * * 

Montenegro ... X X .......... X .......... X X X X X ..................... X X X .......... ..........

* * * * * * * 

Serbia ........... X X .......... X .......... X X X X X ..................... X X X .......... ..........

* * * * * * * 

PART 740—[AMENDED] 

■ 3. The authority citation for 15 CFR 

part 740 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; Sec. 901–911, Pub. L. 

106–387; 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 

3, 2006, 71 FR 44551 (August 7, 2006). 

§ 740.7 [Amended] 

■ 4. In Section 740.7, paragraph (d)(1) is 

amended by revising the phrase 

‘‘Mongolia, Morocco, Oman, Pakistan, 

Qatar, Russia, Serbia and Montenegro, 

Saudi Arabia, Serbia Tajikistan’’ to read 

‘‘Mongolia, Montenegro, Morocco, 

Oman, Pakistan, Qatar, Russia, Saudi 

Arabia, Serbia, Tajikistan,’’. 

Supplement No. 1 to Part 740 

[Amended] 

■ 5. In Supplemental No. 1 to part 740, 

Country Group B is amended by 

removing ‘‘Serbia and Montenegro’’ and 

by adding, in alphabetical order, 

‘‘Montenegro’’ and ‘‘Serbia’’. 


sroberts on PROD1PC70 with RULES
68440 Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Rules and Regulations 

1 Long-Term Firm Transmission Rights in 

Organized Electricity Markets, Order No. 681, 71 FR 

43564 (Aug. 1, 2006), FERC Stats. & Regs. ¶ 31,226 

(2006) (Final Rule). 

2Pub. L. No. 109–58, § 1233, 119 Stat. 594, 957 

(2005) (to be codified at 16 U.S.C. § 824q). 

3 Long-Term Firm Transmission Rights in 

Organized Electricity Markets, Notice of Proposed 

Rulemaking, 71 FR 6693 (Feb. 9, 2006), FERC Stats. 

& Regs. ¶ 32,598 (2006) (NOPR). 

4Promoting Wholesale Competition Through 

Open Access Non-discriminatory Transmission 

Services by Public Utilities; Recovery of Stranded 

Costs by Public Utilities and Transmitting Utilities, 

Order No. 888, 61 FR 21540 (May 10, 1996), FERC 

Stats. & Regs. ¶ 31,036 at 31,682 (1996), order on 

reh’g, Order No. 888–A, 62 FR 12274 (March 14, 

1997), FERC Stats & Regs. ¶ 31,048 (1997), order on 

reh’g, Order No. 888–B, 81 FERC ¶ 61,248 (1997), 

order on reh’g, Order No. 888–C, 82 FERC ¶ 61,046 

(1998), aff’d in relevant part sub nom. Transmission 

Access Policy Study Group v. FERC, 225 F.3d 667 

(D.C. Cir. 2000), aff’d sub nom. New York v. FERC, 

535 U.S. 1 (2002). 

5Under functional unbundling, the public utility 

is required to: (1) Take wholesale transmission 

services under the same tariff of general 

applicability as it offers its customers; (2) state 

separate rates for wholesale generation, 

transmission and ancillary services; and (3) rely on 

the same electronic information network that its 

transmission customers rely on to obtain 

information about the utility’s transmission system. 

Id. at 31,654. 

6Order No. 888 at 31,655; Order No. 888–A at 

30,184. 

7Regional Transmission Organizations, Order No. 

2000, FERC Stats. & Regs. ¶ 31,089 (1999), order on 

reh’g, Order No. 2000–A, FERC Stats. & Regs. 

¶ 31,092 (2000), aff’d sub nom. Public Utility 

District No. 1 of Snohomish County, Washington v. 

FERC, 272 F.3d 607 (D.C. Cir. 2001). 

Dated: November 16, 2006. 

Christopher A. Padilla, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 06–9414 Filed 11–24–06; 8:45 am] 

BILLING CODE 3510–33–M 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 42 

[Docket No. RM06–8–001; Order No. 681–

A] 

Long-Term Firm Transmission Rights 

in Organized Electricity Markets 

November 16, 2006. 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Order on Rehearing and 

Clarification. 

SUMMARY: The Federal Energy 

Regulatory Commission is issuing an 

order on rehearing and clarification of 

Long-Term Firm Transmission Rights in 

Organized Electricity Markets, Order 

No. 681, 71 FR 43564 (Aug. 1, 2006). 

The order on rehearing denies rehearing 

and upholds Order No. 681 in all 

respects, and grants certain limited 

clarifications. 

DATES: Effective Date: Order No. 681 

became effective on August 31, 2006. 

FOR FURTHER INFORMATION CONTACT: Udi 

E. Helman (Technical Information), 

Office of Energy Markets and Reliability, 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 

20426, (202) 502–8080. 

Roland Wentworth (Technical 

Information), Office of Energy Markets 

and Reliability, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426, 

(202) 502–8262. 

Harry Singh (Technical Information), 

Office of Enforcement, Division of 

Energy Market Oversight, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 

20426, (202) 502–6341. 

Jeffery S. Dennis (Legal Information), 

Office of the General Counsel, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 

20426, (202) 502–6027. 

Heidi Werntz (Legal Information), Office 

of the General Counsel, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 

20426, (202) 502–8910. 

SUPPLEMENTARY INFORMATION: 

Before Commissioners: Joseph T. 

Kelliher, Chairman; Suedeen G. Kelly, 

Marc Spitzer, Philip D. Moeller, and 

Jon Wellinghoff. 

1. On July 20, 2006, the Commission 

issued a Final Rule in this proceeding.1

In the Final Rule, the Commission 

amended its regulations to require each 

transmission organization that is a 

public utility with one or more 

organized electricity markets to make 

available long-term firm transmission 

rights that satisfy each of the guidelines 

established by the Commission in this 

Final Rule. We took this action pursuant 

to section 1233 of the Energy Policy Act 

of 2005 (EPAct 2005), which added new 

section 217 to the Federal Power Act 

(FPA).2 The Final Rule required each 

transmission organization subject to its 

requirements to file with the 

Commission, no later than January 29, 

2007, either (1) tariff sheets and rate 

schedules that make available long-term 

firm transmission rights that satisfy each 

of the guidelines set forth in the final 

regulations, or (2) an explanation of how 

its current tariff and rate schedules 

already provide for long-term firm 

transmission rights that satisfy each of 

the guidelines. A transmission 

organization approved by the 

Commission for operation after January 

29, 2007 will be required to satisfy the 

requirements of the Final Rule. 

2. The guidelines adopted in the Final 

Rule give transmission organizations the 

flexibility to propose designs for longterm firm transmission rights that reflect 

regional preferences and accommodate 

their regional market designs, while also 

ensuring that the objectives of Congress 

expressed in new section 217(b)(4) of 

the FPA are met. The Commission 

allowed regional flexibility in setting 

the terms of the rights, but required that 

long-term firm transmission rights be 

made available with terms (and/or rights 

to renewal) that are sufficient to meet 

the reasonable needs of load serving 

entities to support long-term power 

supply arrangements used to satisfy 

their service obligations. 

3. In this order, the Commission 

denies rehearing and upholds its 

determinations in the Final Rule. We 

also offer certain clarifications. 

I. Background 

A. The Development of ISOs and RTOs 

4. In both our Notice of Proposed 

Rulemaking (NOPR) 3 and the Final 

Rule, we discussed the development of 

Independent System Operators (ISOs) 

and Regional Transmission 

Organizations (RTOs). In Order No. 888, 

the Commission found that undue 

discrimination and anticompetitive 

practices existed in the provision of 

electric transmission service in 

interstate commerce.4 Accordingly, the 

Commission required all public utilities 

that own, control or operate facilities 

used for transmitting electric energy in 

interstate commerce to file open access 

transmission tariffs (OATTs) containing 

certain non-price terms and conditions 

and to ‘‘functionally unbundle’’

wholesale power services from 

transmission services.5 In addition, the 

Commission found in Order No. 888 

that ISOs had the potential to aid in 

remedying undue discrimination and 

accomplishing comparable access.6

5. In light of the creation of ISOs and 

other changes in the electric industry, 

the Commission issued Order No. 

2000.7 In that order, the Commission 

concluded that traditional management 

of the transmission grid by vertically 

integrated electric utilities was 

inadequate to support the efficient and 

reliable operation of transmission 

facilities necessary for continued 

development of competitive electricity 


sroberts on PROD1PC70 with RULES