Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Proposed Rules 61139 

List Review 

On December 10, 2010, the 

Department provided notice to the 

public of its intent, pursuant to the ECR 

initiative, to revise the USML to create 

a ‘‘positive list’’ that describes 

controlled items using, to the extent 

possible, objective criteria rather than 

broad, open-ended, subjective, or design 

intent-based criteria (see 75 FR 76935). 

As a practical matter, this meant 

revising USML categories so that, with 

some exceptions, the descriptions of 

defense articles that continued to 

warrant control under the USML did not 

use catch-all phrases to control 

unspecified items. With limited 

exceptions, the defense articles that 

warranted control under the USML were 

those that provided the United States 

with a critical military or intelligence 

advantage. All other items were to 

become subject to the Export 

Administration Regulations. Since that 

time, the Department has published 

final rules setting forth revisions for 

fifteen USML categories, each of which 

have been reorganized into a uniform 

and more positive list structure. 

The advantage of revising the USML 

into a more positive list is that its 

controls can be tailored to satisfy the 

national security and foreign policy 

objectives of the U.S. government by 

maintaining control over those defense 

articles that provide a critical military or 

intelligence advantage, or otherwise 

warrant control under the International 

Traffic in Arms Regulations (ITAR), 

without inadvertently controlling items 

in normal commercial use. This 

approach, however, requires that the 

lists be regularly revised and updated to 

account for technological developments, 

practical application issues identified 

by exporters and reexporters, and 

changes in the military and commercial 

applications of items affected by the list. 

In addition, the USML and the 

Commerce Control List require regular 

revision in order to ensure that they 

satisfy the national security and foreign 

policy objectives of the reform effort, 

which are to (i) improve interoperability 

of U.S. military forces with allied 

countries, (ii) strengthen the U.S. 

industrial base by, among other things, 

reducing incentives for foreign 

manufacturers to design out and avoid 

U.S.-origin content and services, which 

ensures continued U.S. visibility and 

control, and (iii) allow export control 

officials to focus government resources 

on transactions that pose greater 

concern. 

On June 17, 2015, the Department 

published a Notice of Inquiry in the 

Federal Register requesting public 

comment on USML Categories VIII and 

XIX, both of which were revised 

pursuant to the ECR initiative in late 

2013. It was the first of what is planned 

to be a series of solicitations requesting 

feedback on those USML categories that 

have reached their one-year anniversary 

of revision. This Notice of Inquiry is the 

second such request. As suggested in its 

title, the subjects are Categories VI, VII, 

XIII and XX, which became effective on 

January 6, 2014 (see 78 FR 40922). As 

with the previous inquiry, the 

Department seeks comment from the 

public on the condition and efficacy of 

these categories and whether they are 

meeting the ECR objectives for the list 

revisions. 

Request for Comments 

The Department requests public 

comment regarding USML Categories 

VI, VII, XIII and XX. General comments 

on the overall ECR initiative or other 

aspects of the ITAR, to include other 

categories of the USML that do not 

relate to or are not affected by Categories 

VI, VII, XIII or XX, are outside of the 

scope of this inquiry. In order to 

contribute effectively to the USML 

review process, all commenters are 

encouraged to provide comments that 

are responsive specifically to the 

prompts set forth below. 

The Department requests comment on 

the following topics, as they relate to 

Categories VI, VII, XIII and XX: 

1. Emerging and new technologies 

that are appropriately controlled by one 

of the referenced categories, but which 

are not currently described in the 

subject categories or not described with 

sufficient clarity. 

2. Defense articles that are described 

in subject categories, but which have 

entered into normal commercial use 

since the most recent revisions to the 

category at issue. For such comments, 

be sure to include documentation to 

support claims that defense articles 

have entered into normal commercial 

use. 

3. Defense articles for which 

commercial use is proposed, intended, 

or anticipated in the next five years. 

4. Drafting or other technical issues in 

the text of either of the referenced 

categories. 

The Department will review all 

comments from the public. If a 

rulemaking is warranted based on the 

comments received, the Department will 

respond to comments received in a 

proposed rulemaking in the Federal 

Register. 

C. Edward Peartree, 

Director, Office of Defense Trade Controls 

Policy, Bureau of Political-Military Affairs, 

U.S. Department of State. 

[FR Doc. 2015–25751 Filed 10–8–15; 8:45 am] 

BILLING CODE 4710–25–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51, 60, 61, and 63 

[EPA–HQ–OAR–2014–0292; FRL–9935–42– 

OAR] 

RIN 2060–AS34 

Revisions to Test Methods, 

Performance Specifications, and 

Testing Regulations for Air Emission 

Sources; Extension of Comment 

Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: The Environmental Protection 

Agency (EPA) is extending the comment 

period for the proposed rule titled, 

‘‘Revisions to Test Methods, 

Performance Specifications, and Testing 

Regulations for Air Emission Sources,’’ 

that was published in the Federal 

Register on September 8, 2015. The 60- 

day comment period in the proposed 

rule is scheduled to end on November 

9, 2015. The extended comment period 

will close on December 9, 2015. The 

EPA recently added a technical 

justification to the docket for the 

revision in the proposed rule regarding 

Subpart JJJJ of Part 60 (Standards of 

Performance for Stationary Spark 

Ignition Internal Combustion Engines). 

We also added background information 

to support our reasoning for soliciting 

comment about Method 7E 

stratification. Therefore, the EPA is 

extending the comment period to allow 

the public additional time to submit 

comments and supporting information 

on these and other aspects of the 

proposed rule. 

DATES: Comments on the proposed rule 

published September 8, 2015 (80 FR 

54146) must be received on or before 

December 9, 2015. 

ADDRESSES: Comments. Written 

comments on the proposed rule may be 

submitted to the EPA electronically, by 

mail, by facsimile, or through hand 

delivery/courier. Please refer to the 

proposal (80 FR 54146) for the addresses 

and detailed instructions. 


rmajette on DSK7SPTVN1PROD with PROPOSALS
61140 Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Proposed Rules 

Docket. Publicly available documents 

relevant to this action are available for 

public inspection either electronically at 

www.regulations.gov, or in hard copy at 

the EPA Docket Center, EPA/DC, WJC 

West Building, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The public reading room is open 

from 8:30 a.m. to 4:30 p.m. Monday 

through Friday, excluding legal 

holidays. A reasonable fee may be 

charged for copying. The EPA has 

established the official public docket 

No. EPA–HQ–OAR–2014–0292. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lula H. Melton, U.S. EPA, Office of Air 

Quality Planning and Standards, Air 

Quality Assessment Division, 

Measurement Technology Group (Mail 

Code: E143–02), Research Triangle Park, 

NC 27711; telephone number: (919) 

541–2910; fax number: (919) 541–0516; 

email address: melton.lula@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Comment Period 

The EPA is extending the public 

comment period for an additional 30 

days to ensure that the public has 

sufficient time to review and comment 

on the proposed rule. The public 

comment period will end on December 

9, 2015, instead of November 9, 2015. 

List of Subjects 

40 CFR Part 51 

Environmental protection, Air 

pollution control, Performance 

specifications, Test methods and 

procedures. 

40 CFR Part 60 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Performance specifications, 

Test methods and procedures. 

40 CFR Parts 61 and 63 

Environmental protection, Air 

pollution control, Performance 

specifications, Test methods and 

procedures. 

Dated: September 28, 2015. 

Stephen D. Page, 

Director, Office of Air Quality Planning and 

Standards. 

[FR Doc. 2015–25835 Filed 10–8–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0280; FRL–9935–41– 

Region 9] 

Revisions to California State 

Implementation Plan; Bay Area Air 

Quality Management District; 

Stationary Source Permits; Reopening 

of Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: EPA is reopening the 

comment period on a proposed limited 

approval and limited disapproval 

published on August 28, 2015 (80 FR 

52236). 

DATES: Any comments on this proposal 

must arrive by November 12, 2015. 

ADDRESSES: Submit comments, 

identified by Docket ID Number EPA– 

R09–OAR–2015–0280, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: R9airpermits@epa.gov. 

3. Mail or deliver: Gerardo Rios (Air3), U.S. Environmental Protection 

Agency, Region 9, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an anonymous 

access system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region 9, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Shaheerah Kelly, EPA Region 9, (415) 

947–4156, kelly.shaheerah@epa.gov. 

SUPPLEMENTARY INFORMATION: On August 

28, 2015, EPA proposed a limited 

approval and limited disapproval of the 

following rules for the Bay Area Air 

Quality Management District 

(BAAQMD) portion of the California 

State Implementation Plan (SIP). 

TABLE 1—SUBMITTED RULES

Regulation & Rule No. Rule title Adopted/amended Submitted 

Regulation 2, Rule 1 (2–1) ..................................... Permits, General Requirements ............................. 12/19/12 4/22/13 

Regulation 2, Rule 2 (2–2) ..................................... Permits, New Source Review ................................ 12/19/12 4/22/13 


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