Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Rules and Regulations 41077 

controlled airspace at Monterey 

Peninsula Airport, Monterey, CA. 

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, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE 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 Part 71.1 of the Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, and effective 

September 15, 2009 is amended as 

follows: 

Paragraph 6002 Class E Airspace 

Designated as Surface Areas. 

* * * * * 

AWP CA, E2 Monterey, CA [New] 

Monterey Peninsula Airport, CA 

(Lat. 36°35′13′′ N., long. 121°50′35′′ W.) 

Within a 5-mile radius of the Monterey 

Peninsula Airport, and within 3 miles each 

side of the 113° bearing of the airport 

extending from the 5-mile radius of Monterey 

Peninsula Airport to 15.7 miles east of the 

airport. This Class E airspace area is effective 

during the specific dates and times 

established in advance by a Notice to 

Airmen. The effective dates and times will 

thereafter be continuously published in the 

Airport/Facility Directory. 

Issued in Seattle, Washington, on July 1, 

2010. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2010–17248 Filed 7–14–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0633; Airspace 

Docket No. 10–AWP–12] 

Revision of Class E Airspace; 

Monterey, CA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action revises Class E 

airspace at Monterey Peninsula Airport, 

Monterey, CA. The FAA is taking this 

action in response to a request from the 

National Aeronautical Charting Office 

(NACO) to better clarify the legal 

description of controlled airspace 

designated as an extension to Class C 

surface area. 

DATES: Effective date, 0901 UTC, 

September 23, 2010. The Director of the 

Federal Register approves this 

incorporation by reference action under 

1 CFR part 51, subject to the annual 

revision of FAA Order 7400.9 and 

publication of conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

The FAA received a request from 

NACO to clarify the legal description of 

the existing Class E surface airspace area 

designated as an extension to Class C 

airspace area, stating it was vague and 

confusing and needed to be clarified. 

This action is in response to that 

request. 

Class E airspace designations are 

published in paragraph 6003 of FAA 

Order 7400.9T signed August 27, 2009, 

and effective September 15, 2009, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in that Order. 

The Rule 

This action will amend Title 14 Code 

of Federal Regulations (14 CFR) part 71 

by revising the legal description of Class 

E airspace designated as an extension to 

Class C airspace area for Monterey 

Peninsula Airport, Monterey, CA. The 

legal description has been clarified to 

avoid confusion on the part of pilots 

flying in the Monterey, CA, area. This 

action will be in concert with a change 

in the legal description for Class E 

surface area airspace being rewritten 

under separate rulemaking. This is an 

administrative change and does not 

affect the boundaries, altitudes, or 

operating requirements of the airspace, 

therefore, notice and public procedures 

under 5 U.S.C. 553(b) are unnecessary. 

The FAA has determined this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (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 is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified this rule, when promulgated, 

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 

U.S. Code. Subtitle 1, section 106 

discusses 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 I, section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it revises 

controlled airspace at Monterey 

Peninsula Airport, Monterey, CA. 

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, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE 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. 


erowe on DSK5CLS3C1PROD with RULES
41078 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Rules and Regulations 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR Part 71.1 of the Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, and effective 

September 15, 2009 is amended as 

follows: 

Paragraph 6003 Class E Airspace 

Designated as an Extension to Class C 

Surface Areas. 

* * * * * 

AWP CA, E3 Monterey, CA [Amended] 

Monterey Peninsula Airport, CA 

(Lat. 36°35′13′′ N., long. 121°50′35′′ W.) 

That airspace extending upward from the 

surface within 3 miles each side of the 113° 

bearing of the airport extending from the 5- 

mile radius of Monterey Peninsula Airport to 

15.7 miles east of the airport. This Class E 

airspace area is effective during the specific 

dates and times established in advance by a 

Notice to Airmen. The effective dates and 

times will thereafter be continuously 

published in the Airport/Facility Directory. 

Issued in Seattle, Washington, on July 1, 

2010. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2010–17249 Filed 7–14–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 742 and 774 

[Docket No. 080721866–0167–02] 

RIN 0694–AE42 

Revisions to the Commerce Control 

List To Update and Clarify Crime 

Control License Requirements 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final Rule. 

SUMMARY: This rule updates and 

clarifies export and reexport license 

requirements on striking weapons, 

restraint devices, shotguns and parts, 

optical sighting devices, and electric 

shock devices. It also adds equipment 

designed for the execution of humans to 

the Commerce Control List. This rule 

makes no changes to the longstanding 

policy of denial of applications to 

export or reexport specially designed 

implements of torture. The rule 

provides additional illustrative 

examples of such items and adopts a 

definition of torture used in a U.S. 

statute that implements the United 

Nations Convention against Torture and 

Other Cruel, Inhuman or Degrading 

Treatment or Punishment. BIS is 

publishing this rule as part of an 

ongoing review of crime control license 

requirements and policy. 

DATES: This rule is effective July 15, 

2010. 

ADDRESSES: Comments on this rule may 

be submitted by e-mail directly to BIS 

at publiccomments@bis.doc.gov (refer to 

Regulatory Identification Number (RIN) 

0694–AE42 in the subject line), or on 

paper to the Regulatory Policy Division, 

Office of Exporter Services, Bureau of 

Industry and Security, Room H2705, 

U.S. Department of Commerce, 14th 

Street and Pennsylvania Avenue, NW. 

Washington, DC 20230. Refer to RIN 

0694–AE42 in all comments. 

FOR FURTHER INFORMATION CONTACT: Ron 

Rolfe, Office of Non-proliferation and 

Treaty Compliance, Bureau of Industry 

and Security, telephone: 202 482–4563; 

fax: 202 482–4145; e-mail: 

rrolfe@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Export Administration 

Regulations (EAR) (15 CFR parts 730– 

774) impose license requirements for 

certain exports from the United States 

and reexports from other countries for, 

among other reasons, ‘‘crime control.’’ 

The crime control license requirements 

are intended for the ‘‘support of U.S. 

foreign policy to promote human rights 

throughout the world’’ (15 CFR 

742.7(a)). Publication of this rule is part 

of BIS’s ongoing effort to review and, 

where appropriate, revise the crime 

control license requirements in the EAR. 

As part of that effort, BIS published a 

notice of inquiry seeking public 

comments on whether the scope of 

items and destinations that are subject 

to crime control license requirements 

should be changed (73 FR 14769, March 

19, 2008). After reviewing those 

comments, and conducting its own 

internal deliberations, BIS decided to 

proceed in stages. This final rule is the 

culmination of the first stage, which 

began with the publication of a 

proposed rule (74 FR 40117, August 11, 

2009). This first stage addresses 

relatively simple extensions, 

modifications or removals of items 

currently on the Commerce Control List 

or additions to that List of items that 

have an easily identified crime control 

or law enforcement nexus. 

BIS plans to publish a subsequent 

proposed rule that will identify 

potential expansion of certain Export 

Control Classification Numbers as 

suggested in the comments to this 

proposed rule; whether, and, if so, the 

extent to which biometric measuring 

devices, integrated data systems, 

simulators, and communications 

equipment should be added to the 

Commerce Control List; the degree to 

which software and technology related 

to commodities on the Commerce 

Control List should be listed and how 

such software and technology should be 

described; and general policy issues 

such as whether the range of 

destinations to which crime control 

license requirements apply should be 

modified. 

Summary of the Comments on the 

Proposed Rule and BIS’s Response to 

Those Comments 

BIS received comments from two 

commenters, on individual and one 

non-profit organization, on the proposed 

rule. The comments and BIS’s responses 

are summarized below. 

Comment 

One commenter welcomed the strong 

and unambiguous statement in 

§ 742.7(d) that the United States 

considers international norms regarding 

human rights and the practices of other 

countries that control exports to 

promote human right when developing 

U.S. crime control export controls. That 

commenter noted that awareness of the 

centrality of human rights in export 

control policy helps international efforts 

to reform export control policy and 

serves as an example to other countries. 

Response 

This final rule retains the proposed 

rule language in § 742.7(d). The 

centrality of human rights in connection 

with crime control license requirements 

has been noted in the EAR for many 

years. 

Comment 

One commenter welcomed the use of 

the word ‘‘including’’ in § 742.11, which 

sets license requirements and policy for 

specially designed implements of 

torture. 

Response 

Addition of the word ‘‘including’’ to 

§ 742.11 and its related Export Control 

Classification Number 0A983 is, as this 

commenter noted, intended to clarify 

the point that the operative factor in 

determining whether an item is subject 

to ECCN 0A983 and § 742.11 is whether 

that item is a specially designed 

implement of torture. The listed items 

are examples of such instruments. 

Comment 

One commenter welcomed the 

addition of the term ‘‘shock sleeves’’ to 


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