6900 Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations 

Independence Avenue SW., 

Washington, DC 20591; telephone 202– 

267–3073; email Lorelei.Peter@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Good Cause for Immediate Adoption 

Without Prior Notice 

Section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 551 et seq.) authorizes agencies 

to dispense with notice and comment 

procedures for rules when the agency 

for ‘‘good cause’’ finds that those 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ Under this section, an agency, 

upon finding good cause, may issue a 

final rule without seeking comment 

prior to the rulemaking. 

Section 553(d)(3) of the 

Administrative Procedure Act requires 

that agencies publish a rule not less 

than 30 days before its effective date, 

except as otherwise provided by the 

agency for good cause found and 

published with the rule. 

This document is correcting an error 

that is in 14 CFR 91.225, ADS–B Out 

equipment and use. This correction will 

not impose any additional restrictions 

on the persons affected by these 

regulations. Furthermore, any additional 

delay in making the regulations correct 

would be contrary to the public interest. 

Accordingly, the FAA finds that (i) 

public comment on these standards 

prior to promulgation is unnecessary, 

and (ii) good cause exists to make this 

rule effective in less than 30 days. 

Background 

On May 28, 2010, the FAA published 

a final rule entitled, ‘‘Automatic 

Dependent Surveillance—Broadcast Out 

Performance Requirements To Support 

Air Traffic Control Service’’ (75 FR 

30160). 

In that final rule, the FAA established 

§ 91.225, which provides the ADS–B 

equipment requirements necessary to 

operate in certain classes of airspace 

effective January 1, 2020. Under 

paragraph (a)(1) of that section and in 

order to operate an aircraft in Class A 

airspace, an aircraft must have installed 

equipment that ‘‘meets the requirements 

of TSO–C166b.’’ Under paragraph (b)(1) 

of that section, in order to operate an 

aircraft below 18,000 feet MSL and in 

identified airspace described 

subsequently in § 91.225, an aircraft 

must be equipped with equipment that 

‘‘meets the requirements of TSO–C166b; 

or TSO–C154c . . .’’. In reviewing these 

paragraphs, the FAA notes that the 

regulatory text implies that the 

equipment must meet all the 

requirements of the referenced TSOs. As 

the ADS–B Out rule is a performancebased rule, it was not the FAA’s intent 

to arguably limit operators to only 

install equipment marked with a TSO in 

accordance with 14 CFR part 21, subpart 

O. The FAA’s intent was to permit 

equipment that meets the performance 

requirements set forth in the referenced 

TSOs. Evidence of that intent is found 

in the Notice of Proposed Rulemaking 

(NPRM) for this rule. In the NPRM, the 

FAA proposed in § 91.225(a)(1) and 

(c)(1) that the equipment installed 

‘‘Meets the performance requirements in 

TSO–C–166a’’ (72 FR 56947, 56971). 

The inadvertent removal of the word 

‘‘performance’’ in the paragraphs 

implementing these provisions in the 

final rule was in error and resulted in 

confusion as to whether the regulation 

permits other than equipment marked 

with a TSO, provided that equipment 

met the specified performance 

requirements. 

Technical Amendment 

In order to address any confusion and 

clarify the equipage requirements 

permitted under this rule, the FAA is 

amending § 91.225 to insert text 

specifying the necessary performance 

requirements. 

Because the changes in this technical 

amendment result in no substantive 

change, we find good cause exists under 

5 U.S.C. 553(d)(3) to make the 

amendment effective in less than 30 

days. 

List of Subjects in 14 CFR part 91 

Air traffic control, Aircraft, Airports, 

Aviation safety. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter I of title 14, Code of 

Federal Regulations as follows: 

PART 91—GENERAL OPERATING AND 

FLIGHT RULES 

■ 1. The authority citation for part 91 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 1155, 

40101, 40103, 40105, 40113, 40120, 44101, 

44111, 44701, 44704, 44709, 44711, 44712, 

44715, 44716, 44717, 44722, 46306, 46315, 

46316, 46504, 46506–46507, 47122, 47508, 

47528–47531, 47534, articles 12 and 29 of the 

Convention on International Civil Aviation 

(61 Stat. 1180), (126 Stat. 11). 

■ 2. In § 91.225, revise paragraphs (a) 

and (b) to read as follows: 

§ 91.225 Automatic Dependent 

Surveillance-Broadcast (ADS–B) Out 

equipment and use. 

(a) After January 1, 2020, and unless 

otherwise authorized by ATC, no person 

may operate an aircraft in Class A 

airspace unless the aircraft has 

equipment installed that— 

(1) Meets the performance 

requirements in TSO–C166b, Extended 

Squitter Automatic Dependent 

Surveillance-Broadcast (ADS–B) and 

Traffic Information Service-Broadcast 

(TIS–B) Equipment Operating on the 

Radio Frequency of 1090 Megahertz 

(MHz); and 

(2) Meets the requirements of 

§ 91.227. 

(b) After January 1, 2020, and unless 

otherwise authorized by ATC, no person 

may operate an aircraft below 18,000 

feet MSL and in airspace described in 

paragraph (d) of this section unless the 

aircraft has equipment installed that— 

(1) Meets the performance 

requirements in— 

(i) TSO–C166b; or 

(ii) TSO–C154c, Universal Access 

Transceiver (UAT) Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) Equipment Operating on the 

Frequency of 978 MHz; 

(2) Meets the requirements of 

§ 91.227. 

* * * * * 

Issued under authority of 49 U.S.C. 106(f) 

and in Washington, DC, on February 4, 2015. 

Lirio Liu, 

Director, Office of Rulemaking. 

[FR Doc. 2015–02579 Filed 2–6–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of the Census 

15 CFR Part 30 

[Docket Number: 140626542–4999–02] 

RIN 0607–AA52 

Foreign Trade Regulations (FTR): 

Clarification on Uses of Electronic 

Export Information 

AGENCY: Bureau of the Census, 

Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of the Census 

(Census Bureau) issues this final rule 

amending the Foreign Trade Regulations 

(FTR) to reflect changes related to the 

implementation of the International 

Trade Data System (ITDS) and 

subsequent changes to access the 

Electronic Export Information (EEI). The 

ITDS was established to eliminate 

redundant information requirements, 

efficiently regulate the flow of 

commerce, and to effectively enforce 

laws and regulations relating to 

international trade by establishing a 


rljohnson on DSK67QTVN1PROD with RULES
Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations 6901 

single portal system for the collection 

and distribution of standard electronic 

import and export data required by all 

participating federal agencies. The 

Automated Export System (AES), which 

is a part of the Automated Commercial 

Environment (ACE), will include export 

information collected under other 

federal agencies’ authority, which is 

subject to those agencies’ disclosure 

mandates. This rule clarifies the 

confidentiality provisions of the EEI and 

facilitates the legitimate sharing of 

export data consistent with the goals for 

the ITDS. On August 22, 2014, the 

Census Bureau published this rule on an 

interim final basis. The Census Bureau 

is finalizing this rule without change. 

DATES: Effective date: This rule is 

effective February 9, 2015. The interim 

rule published on August 22, 2014 (79 

FR 49659), became effective August 22, 

2014. 

FOR FURTHER INFORMATION CONTACT: Dale 

C. Kelly, Chief, International Trade 

Management Division, U.S. Census 

Bureau, 4600 Silver Hill Road, Room 

6K032, Washington, DC 20233–6700, by 

phone (301) 763–6937, by fax (301) 763– 

8835, or by email dale.c.kelly@

census.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Census Bureau is responsible for 

collecting, compiling, and publishing 

export trade statistics for the United 

States under the provisions of Title 13, 

United States Code (U.S.C.), Chapter 9, 

Section 301. The Automated Export 

System (AES) is the primary instrument 

used for collecting export trade data, 

which are used by the Census Bureau 

for statistical purposes. Through the 

AES, the Census Bureau collects the 

Electronic Export Information (EEI), the 

electronic equivalent of the export data 

formerly collected on the Shipper’s 

Export Declaration, reported pursuant to 

Title 15, Code of Federal Regulations 

(CFR), Part 30. The EEI consists of data 

elements set forth in 15 CFR 30.6 for an 

export shipment, and includes 

information such as the exporter’s 

name, address and identification 

number, and detailed information 

concerning the exported product. Other 

agencies use the EEI for the purpose of 

enforcing U.S. export laws and 

regulations. The EEI is exempt from 

public disclosure unless the Secretary of 

Commerce determines under the 

provisions of Title 13, U.S.C., Chapter 9, 

Section 301(g) that such exemption 

would be contrary to the national 

interest. 

The Security and Accountability for 

Every Port Act of 2006 (SAFE Port Act, 

Pub. L. 109–347) established the 

International Trade Data System (ITDS). 

Pursuant to Section 405(d) of that Act, 

the purpose of the ITDS is to eliminate 

redundant information requirements, 

efficiently regulate the flow of 

commerce, and to effectively enforce 

laws and regulations relating to 

international trade by establishing a 

single portal system for the collection 

and distribution of standard electronic 

import and export data required by all 

participating federal agencies. The AES 

will include export information 

collected under other federal agencies’ 

authority, which is subject to those 

agencies’ disclosure mandates. Access 

and use of EEI by other federal agencies 

will also increase under the ITDS. 

In accordance with the interim final 

rule published on August 22, 2014, this 

rule clarifies the confidentiality 

provisions of the EEI by amending 

§ 30.60 of the Foreign Trade 

Regulations. This revision will allow 

federal agencies with appropriate 

authority to access export data in the 

AES, and ensure consistency with the 

Executive Order of February 19, 2014, 

titled, ‘‘Streamlining the Export/Import 

Process for America’s Businesses.’’ This 

rule will facilitate the legitimate sharing 

of export data consistent with the goals 

for the ITDS. 

Summary of Comments and Responses 

The Census Bureau received two 

comments on the interim final rule 

published in the Federal Register on 

August 22, 2014 (79 FR 49659). A 

summary of the comments and the 

Census Bureau’s responses are provided 

below. 

The major concerns were as follows: 

1. Clarify if exporters are prohibited 

from sending Electronic Export 

Information (EEI) to a document 

management company outside of the 

United States for scanning/record 

retention purposes. One commenter 

requested clarification on the use of 

foreign document management 

companies to retain EEI. The EEI may 

not be supplied by the USPPI, the 

authorized agent, or representative of 

the USPPI to foreign entities or foreign 

governments for any purpose. As a 

result, the EEI may not be supplied to 

a foreign document management 

company. However, it is permissible for 

a U.S. party to maintain its own IT 

system and application software on a 

server located outside of the U.S. In this 

situation, the U.S. party is responsible 

for maintaining the confidentiality of 

the EEI, must implement proper 

safeguards to ensure the EEI is protected 

from unauthorized use, and is liable for 

any violations of the Foreign Trade 

Regulations. 

2. Request to add ‘‘foreign persons’’ to 

Section 30.60(c)(4). One commenter 

requested that the Census Bureau add 

‘‘foreign persons’’ to the list of parties 

prohibited from receiving the EEI. 

Section 30.60(c)(4) prohibits ‘‘foreign 

entities,’’ a term which includes both 

foreign persons and companies. As a 

result, the previous regulations remain 

appropriate. 

Rulemaking Requirements 

Administrative Procedure Act 

The Census Bureau finds good cause 

pursuant to Title 5, United States Code 

(U.S.C.), 553 (b)(3)(B) to waive prior 

notice and opportunity for public 

comment, as contrary to the public 

interest. With the implementation of the 

International Trade Data System (ITDS), 

the Automated Export System (AES) 

will capture export information 

collected and used by other federal 

agencies under their authorities. The 

Census Bureau is undertaking this 

amendment in order to accurately 

reflect the authorized uses of Electronic 

Export Information (EEI) by other 

federal agencies resulting from the 

ITDS. In particular, this rule amends 

§ 30.60 of the Foreign Trade Regulations 

to help ensure that federal agencies with 

appropriate authority can access export 

data in the AES, which will ensure the 

efficient and timely flow of exports as 

well as protect U.S. interests in export 

controls and enforcement. Additionally, 

the rule complies with the directives 

and timelines established by the 

Executive Order of February 19, 2014, 

titled ‘‘Streamlining the Export/Import 

Process for America’s Businesses.’’ 

Allowing for a period of notice and 

comment may delay exports and make 

export control more difficult, both of 

which are contrary to public interest. 

Regulatory Flexibility Act 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration (SBA) 

that this rule will not have a significant 

impact on a substantial number of small 

entities. 

The purpose and goal of this rule are 

explained in the preamble, and are not 

repeated here. This rule does not 

mandate any new filing requirements 

and does not directly impact any small 

or large entities. Rather, this rule’s 

impact is largely on federal entities. 

Indeed, to the extent they will be 

indirectly impacted by this rule, small 

entities will see reduced burdens for 

exports because this rule creates a 


rljohnson on DSK67QTVN1PROD with RULES
6902 Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations 

1 15 U.S.C. 79 (repealed effective 2006). 

2Public Law 111–203, 124 Stat. 1376 (2010). 

3The final rule incorrectly referenced 17 CFR 

200.80(b) of Subpart M, rather than 17 CFR 

200.800(b) of Subpart N. As a result of the incorrect 

reference, the table in 17 CFR 200.800(b) of Subpart 

N was not amended. 

‘‘single window’’ through which 

exporters can comply with export laws 

and regulations. We received no 

comments on the certification in the 

proposed rule; accordingly, no 

Regulatory Flexibility analysis is 

required and none has been prepared. 

Executive Orders 

This rule has been determined to be 

not significant for purposes of Executive 

Orders 12866 and 13563, and has been 

drafted according to the requirements of 

those Executive Orders. It has also been 

determined that this rule does not 

contain policies with federalism 

implications as that term is defined 

under Executive Order 13132. 

Paperwork Reduction Act 

This rule does not contain any 

information collection subject to the 

Paperwork Reduction Act (PRA). 

However, notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall a person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

current, valid Office of Management and 

Budget (OMB) control number. 

List of Subjects in 15 CFR Part 30 

Economic statistics, Exports, Foreign 

trade, Reporting, and recordkeeping 

requirements. 

Accordingly, as discussed above, the 

interim final rule amending title 15, 

Code of Federal Regulations, part 30, 

which was published at 79 FR 49659 on 

August 22, 2014, is adopted as a final 

rule without change. 

Dated: January 30, 2015. 

John H. Thompson, 

Director, Bureau of the Census. 

[FR Doc. 2015–02520 Filed 2–6–15; 8:45 am] 

BILLING CODE 3510–07–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 200 

[Release No. 33–9273A, 34–65686A, 39– 

2480A, IA–3310A and IC–29855A] 

Rescission of Outdated Rules and 

Forms, and Amendments To Correct 

References 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Technical amendment. 

SUMMARY: The Securities and Exchange 

Commission (‘‘SEC’’ or ‘‘Commission’’) 

is making technical amendments to 

update control numbers assigned to 

information collection requirements of 

the Commission by the Office of 

Management and Budget pursuant to the 

Paperwork Reduction Act of 1980. 

DATES: Effective date: February 9, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Daniel K. Chang, Senior Counsel, at 

(202) 551–6792, Office of Regulatory 

Policy, Division of Investment 

Management, U.S. Securities and 

Exchange Commission, 100 F Street NE., 

Washington, DC 20549–8549. 

SUPPLEMENTARY INFORMATION: The 

Commission published a final rule at 76 

FR 71872, on November 21, 2011, which 

rescinded rules and forms adopted 

under the Public Utility Holding 

Company Act (‘‘PUHCA’’),1 revised 

other rules and forms to correct 

outdated references to PUHCA, 

corrected outdated references due to 

enactment of the Dodd-Frank Wall 

Street Reform and Consumer Protection 

Act of 2010 (‘‘the Dodd-Frank Act’’), 

and made other ministerial corrections.2

Congress repealed PUHCA effective 

2006, and the Dodd-Frank Act amended 

various provisions of the federal 

securities laws and removed references 

to PUHCA from those laws. 

The final rule contained a 

typographical error that prevented an 

amendment to the Code of Federal 

Regulations.3 This technical amendment 

is being published so that the table in 

17 CFR 200.800(b) can be updated to 

reflect that amendment. 

List of Subjects in 17 CFR Part 200 

Administrative practice and 

procedure, Authority delegations 

(Government agencies), Classified 

information, Conflicts of interest, 

Government employees, Organization 

and functions (Government agencies). 

Text of the Amendments 

For the reasons set out in the 

preamble, Title 17, Chapter II of the 

Code of Federal Regulations is amended 

as follows: 

PART 200—ORGANIZATION; 

CONDUCT AND ETHICS; AND 

INFORMATION AND REQUESTS 

Subpart N—Commission Information 

Collection Requirements Under the 

Paperwork Reduction Act: OMB 

Control Numbers 

■ 1. The authority citation for part 200, 

subpart N, continues to read as follows: 

Authority: 44 U.S.C. 3506; 44 U.S.C. 3507. 

§ 200.800 [Amended] 

■ 2. In § 200.800(b), in the table, remove 

the following entries: Form ET, 

wherever it appears; Rule 1(a); Rule 

1(b); Rule 1(c); Rule 2; Rule 3; Rule 7; 

Rule 7(d); Rule 20(b); Rule 20(c); Rule 

20(d); Rule 23; Rule 24; Rule 26; Rule 

29; Rule 44; Rule 45; Rule 47(b); Rule 

52; Form 53; Rule 54; Rule 57(a); Rule 

57(b); Rule 58; Rule 62; Rule 71(a); Rule 

72; Rule 83; Rule 87; Rule 88; Rule 93; 

Rule 94; Rule 95; Rule 100(a); Uniform 

System of Accounts for Mutual Service 

Companies and Subsidiary Service 

Companies, Public Utility Holding 

Company Act of 1935; Preservation and 

Destruction of Records of Registered 

Public Utility Holding Companies and 

of Mutual and Subsidiary Service 

Companies; Form U5A; Form U5B; 

Form U5S; Form U–1; Form U–13–1; 

Form U–6B–2; Form U–57; Form U–9C– 

3; Form U–12(I)–A; Form U–12(I)–B; 

Form U–13E–1; Form U–R–1; Form U– 

13–60; Form U–3A–2; Form U–3A3–1; 

Form U–7D; Form U–33–S; Form ID, 

259.602, 3235–0328; and Form SE., 

259.603, 3235–0327. 

Dated: February 3, 2015. 

Brent J. Fields, 

Secretary. 

[FR Doc. 2015–02465 Filed 2–6–15; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Docket No. TTB–2014–0003; T.D. TTB–127; 

Ref: Notice No. 142] 

RIN 1513–AC05 

Establishment of The Rocks District of 

Milton-Freewater Viticultural Area 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Final rule; Treasury decision. 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau (TTB) establishes the 

approximately 3,770-acre ‘‘The Rocks 


rljohnson on DSK67QTVN1PROD with RULES