63840 Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Rules and Regulations 

cause exists for making these SIAPs 

effective in less than 30 days. 

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. For the same reason, the 

FAA certifies that this amendment 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 97 

Air traffic control, Airports, 

Incorporation by reference, Navigation 

(air). 

Issued in Washington, DC, on September 1, 

2023. 

Thomas J. Nichols, 

Aviation Safety, Flight Standards Service, 

Manager, Standards Section, Flight 

Procedures & Airspace Group, Flight 

Technologies & Procedures Division. 

Adoption of the Amendment 

Accordingly, pursuant to the 

authority delegated to me, 14 CFR part 

97 is amended by amending Standard 

Instrument Approach Procedures and 

Takeoff Minimums and ODPs, effective 

at 0901 UTC on the dates specified, as 

follows: 

PART 97—STANDARD INSTRUMENT 

APPROACH PROCEDURES 

■ 1. The authority citation for part 97 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40103, 

40106, 40113, 40114, 40120, 44502, 44514, 

44701, 44719, 44721–44722. 

■ 2. Part 97 is amended to read as 

follows: 

By amending: § 97.23 VOR, VOR/ 

DME, VOR or TACAN, and VOR/DME 

or TACAN; § 97.25 LOC, LOC/DME, 

LDA, LDA/DME, SDF, SDF/DME; 

§ 97.27 NDB, NDB/DME; § 97.29 ILS, 

ILS/DME, MLS, MLS/DME, MLS/RNAV; 

§ 97.31 RADAR SIAPs; § 97.33 RNAV 

SIAPs; and § 97.35 COPTER SIAPs, 

Identified as follows: 

* * * Effective Upon Publication 

AIRAC date State City Airport name FDC No. FDC date Procedure name 

5–Oct–23 ...... PA Reading .................. Reading Rgnl/Carl A Spaatz 

Fld.

3/2093 8/10/23 This NOTAM, published in Docket No. 31504, Amdt No. 4076, 

TL 23–21, (88 FR 58496, August 28, 2023) is hereby rescinded in its entirety. 

5–Oct–23 ...... AK Toksook Bay ........... Toksook Bay ........................... 3/0840 8/17/23 RNAV (GPS) RWY 34, Amdt 3B. 

5–Oct–23 ...... AK Kobuk ...................... Kobuk ...................................... 3/0901 8/17/23 RNAV (GPS) RWY 9, Orig–B.

5–Oct–23 ...... HI Kahului .................... Kahului .................................... 3/1978 8/17/23 VOR Z OR TACAN RWY 20, 

Amdt 1. 

5–Oct–23 ...... AK Cordova .................. Merle K (Mudhole) Smith ........ 3/4108 8/17/23 RNAV (GPS) RWY 27, Amdt 2B. 

5–Oct–23 ...... AK Cordova .................. Merle K (Mudhole) Smith ........ 3/4118 8/17/23 RNAV (GPS)–B, Amdt 2A. 

5–Oct–23 ...... TX Cisco ....................... Gregory M Simmons Memorial 3/5997 8/18/23 RNAV (GPS) RWY 36, Amdt 1. 

5–Oct–23 ...... TX Cisco ....................... Gregory M Simmons Memorial 3/5998 8/19/23 RNAV (GPS) Y RWY 18, Amdt 

1. 

5–Oct–23 ...... OH Delaware ................. Delaware Muni/Jim Moore Fld 3/7356 8/18/23 RNAV (GPS) RWY 10, Amdt 1A. 

5–Oct–23 ...... NC Roxboro .................. Raleigh Rgnl At Person County.3/7532 8/18/23 ILS OR LOC RWY 6, Amdt 2. 

5–Oct–23 ...... CA Petaluma ................. Petaluma Muni ........................ 3/9654 8/17/23 VOR RWY 29, Orig–D. 

5–Oct–23 ...... CA Petaluma ................. Petaluma Muni ........................ 3/9655 8/17/23 RNAV (GPS) RWY 29, Orig–C. 

[FR Doc. 2023–20027 Filed 9–15–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 734 

[Docket No. 230907–0214] 

RIN 0694–AJ37 

Export Administration Regulations 

(EAR): Transfer of Access Information 

and Release of Software (Source Code 

and Object Code) 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Final rule; technical correction. 

SUMMARY: In this final rule, the Bureau 

of Industry and Security (BIS) amends 

the Export Administration Regulations 

(EAR) to make a technical correction 

that also serves to clarify provisions of 

the EAR pertaining to the release of 

‘‘software’’ as set out in the sections on 

release and transfer of access 

information. This final rule clarifies an 

ambiguity in the EAR by adding a crossreference addressing transfer of access 

information in the section on releases of 

‘‘technology’’ and ‘‘software,’’ as was 

originally intended. In addition, this 

final rule adds a clarifying note that, for 

purposes of transfer of access 

information, a release of ‘‘software’’ 

includes both source code and object 

code. 

DATES: This rule is effective September 

18, 2023. 

FOR FURTHER INFORMATION CONTACT: For 

questions on these technical corrections, 

contact Eileen Albanese, Director, Office 

of National Security and Technology 

Transfer Controls, Bureau of Industry 

and Security, Department of Commerce, 

Phone: (202) 482–0092, Email: rpd2@

bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

In this final rule, BIS amends the EAR 

to make a technical correction that also 

serves to clarify provisions of the EAR 

that pertain to the release of ‘‘software.’’ 

On June 3, 2016, BIS published the final 

rule, Revisions to Definitions in the 

Export Administration Regulations (81 

FR 35568) (June 3 rule). The June 3 rule 

added provisions to address releases of 

‘‘technology’’ and ‘‘software’’ under 

§ 734.15 and transfer of access 

information under § 734.19. In § 734.15, 

this final rule clarifies an ambiguity by 

adding a cross reference to § 734.19. In 

§ 734.19, this final rule adds a new note 

to the section clarifying that for 

purposes of transfer of access 

information, a release of ‘‘software’’ 

includes source code and object code. 


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Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Rules and Regulations 63841 

The definition of the term ‘‘software’’ 

in § 772.1 includes both source code 

and object code, and ‘‘software’’ is used 

as a defined term in § 734.19. 

Accordingly, the note added in this rule 

will eliminate potential uncertainty that 

the § 734.15 definition of ‘‘release’’ 

limits § 734.19 to only controlling 

transfers of access information that 

release source code, rather than both 

source code and object code. 

Export Control Reform Act of 2018 

On August 13, 2018, the President 

signed into law the John S. McCain 

National Defense Authorization Act for 

Fiscal Year 2019, which included the 

Export Control Reform Act of 2018 

(ECRA) (50 U.S.C. 4801–4852). ECRA 

provides the legal basis for BIS’s 

principal authorities and serves as the 

authority under which BIS issues this 

rule. 

Rulemaking Requirements 

1. This rule has been determined to be 

not significant for purposes of Executive 

Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to or 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 regulation 

involves an information collection 

approved by OMB under control 

number 0694–0088, Simplified Network 

Application Processing System. BIS 

does not anticipate a change to the 

burden hours associated with this 

collection as a result of this rule. 

Information regarding the collection, 

including all supporting materials, can 

be accessed at https://www.reginfo.gov/ 

public/do/PRAMain. 

3. This rule does not contain policies 

with federalism implications as that 

term is defined in Executive Order 

13132. 

4. Pursuant to section 1762 of the 

Export Control Reform Act of 2018, this 

action is exempt from the 

Administrative Procedure Act (5 U.S.C. 

553) requirements for notice of 

proposed rulemaking, opportunity for 

public participation, and delay in 

effective date. 

5. Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

given for this rule by 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. Accordingly, no 

regulatory flexibility analysis is 

required, and none has been prepared. 

List of Subjects 15 CFR Part 734 

Administrative practice and 

procedure, Exports, Inventions and 

patents, Research, Science and 

technology. 

Accordingly, 15 CFR part 734 is 

corrected by making the following 

correcting amendments: 

PART 734—SCOPE OF THE EXPORT 

ADMINISTRATION REGULATIONS 

■ 1. The authority citation for part 734 

continues to read as follows: 

Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 

4601 et seq.; 50 U.S.C. 1701 et seq.; E.O. 

12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 

950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 

Comp., p. 219; E.O. 13026, 61 FR 58767, 3 

CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 

44025, 3 CFR, 2001 Comp., p. 783; E.O. 

13637, 78 FR 16129, 3 CFR, 2014 Comp., p. 

223; Notice of November 8, 2022, 87 FR 

68015 (November 10, 2022). 

■ 2. Section 734.15 is amended by 

revising paragraph (a) introductory text 

to read as follows: 

§ 734.15 Release. 

(a) Except as set forth in §§ 734.18 and 

734.19, ‘‘technology’’ and ‘‘software’’ 

are ‘‘released’’ through: 

* * * * * 

■ 3. Section 734.19 is amended by 

adding a note at the end of the section 

to read as follows: 

§ 734.19 Transfer of access information. 

* * * * * 

Note 1 to § 734.19: For purposes of 

this section, a release of ‘‘software’’ 

includes source code and object code. 

Thea D. Rozman Kendler, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2023–20128 Filed 9–15–23; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0770] 

RIN 1625–AA87 

Security Zones; Corpus Christi Ship 

Channel, Corpus Christi, TX 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing one temporary, 500-yard 

radius, moving security zone for certain 

vessel carrying Certain Dangerous 

Cargoes (CDC) within the Corpus Christi 

Ship Channel and the La Quinta 

Channel. The temporary security zone is 

needed to protect the vessels, the CDC 

cargo, and the surrounding waterway 

from terrorist acts, sabotage, or other 

subversive acts, accidents, or other 

events of a similar nature. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Sector Corpus Christi or a designated 

representative. 

DATES: This rule is effective without 

actual notice from September 15, 2023, 

until September 18, 2023. For the 

purposes of enforcement, actual notice 

will be used from September 12, 2023, 

until September 15, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0770 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email Lieutenant Commander 

Anthony Garofalo, Sector Corpus Christi 

Waterways Management Division, U.S. 

Coast Guard; telephone 361–939–5130, 

email Anthony.M.Garofalo@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Corpus 

Christi 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 


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