Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Proposed Rules 33687 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ASO FL E5 Arcadia, FL [New] 

Arcadia Municipal Airport, FL 

(Lat. 27°11′31′′ N., long. 81°50′14′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Arcadia Municipal Airport. 

Issued in College Park, Georgia, on May 30, 

2012. 

Michael D. Wagner, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2012–13838 Filed 6–6–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0289; Airspace 

Docket No. 12–ANM–5] 

Proposed Establishment of Class E 

Airspace; Fort Morgan, CO 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish Class E airspace at Fort 

Morgan, CO. Controlled airspace is 

necessary to accommodate aircraft using 

a new Area Navigation (RNAV) Global 

Positioning System (GPS) standard 

instrument approach procedure at Fort 

Morgan Municipal Airport, Fort 

Morgan, CO. The FAA is proposing this 

action to enhance the safety and 

management of aircraft operations at the 

airport. 

DATES: Comments must be received on 

or before July 23, 2012. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590; telephone (202) 

366–9826. You must identify FAA 

Docket No. FAA–2012–0289; Airspace 

Docket No. 12–ANM–5, at the beginning 

of your comments. You may also submit 

comments through the Internet at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Richard Roberts, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA 98057; 

telephone (425) 203–4517. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA 

2012–0289 and Airspace Docket No. 12– 

ANM–5) and be submitted in triplicate 

to the Docket Management System (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at 

http://www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2012–0289 and 

Airspace Docket No. 12–ANM–5’’. The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for the address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except Federal holidays. An informal 

docket may also be examined during 

normal business hours at the Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Center, 

Operations Support Group, 1601 Lind 

Avenue SW., Renton, WA 98057. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) Part 71 by establishing Class E 

airspace extending upward from 700 

feet above the surface at Fort Morgan 

Municipal Airport, Fort Morgan, CO. 

Controlled airspace is necessary to 

accommodate aircraft using the new 

RNAV (GPS) standard instrument 

approach procedure at Fort Morgan 

Municipal Airport. This action would 

enhance the safety and management of 

aircraft operations at the airport. 

Class E airspace designations are 

published in paragraph 6005, of FAA 

Order 7400.9V, dated August 9, 2011, 

and effective September 15, 2011, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in this Order. 

The FAA has determined this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed 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 proposed rule, when 

promulgated, would 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, describes the authority for 

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, 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
33688 Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Proposed Rules 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the 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 would 

modify controlled airspace at Fort 

Morgan Municipal Airport, Fort 

Morgan, CO. 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 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 71.1 of the Federal Aviation 

Administration Order 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, and effective 

September 15, 2011 is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ANM CO E5 Fort Morgan, CO [New] 

Fort Morgan Municipal Airport, CO 

(Lat. 40°20′02′′ N., Long. 103°48′15′′ W.) 

That airspace extending upward from 700 

feet above the surface within 7.5-mile radius 

of the Fort Morgan Municipal Airport. 

Issued in Seattle, Washington, on May 30, 

2012. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2012–13842 Filed 6–6–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 740, 742, and 774 

[Docket No. 120201082–2132–01] 

RIN 0694–AF58 

Revisions to the Export Administration 

Regulations (EAR): Control of Personal 

Protective Equipment, Shelters, and 

Related Items the President 

Determines No Longer Warrant Control 

Under the United States Munitions List 

(USML) 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule describes 

how articles the President determines 

no longer warrant export control under 

Category X (Protective Personnel 

Equipment and Shelters) of the United 

States Munitions List (USML), would be 

controlled under the Commerce Control 

List (CCL) in new Export Control 

Classification Numbers (ECCNs) 1A613, 

1B613, 1D613, and 1E613. In 

conjunction with establishing these new 

ECCNs, this proposed rule would 

control military helmets (currently 

controlled under ECCNs 0A018 and 

0A988) under new ECCN 1A613 and 

amend ECCN 1A005 for body armor. 

This proposed rule also would remove 

machetes from ECCN 0A988. This is one 

in a planned series of proposed rules 

describing how various types of articles 

the President determines, as part of the 

Administration’s Export Control Reform 

Initiative, no longer warrant USML 

control, would be controlled on the CCL 

and by the EAR. This proposed rule is 

being published in conjunction with a 

proposed rule of the Department of 

State, Directorate of Defense Trade 

Controls (DDTC), which would amend 

the list of articles controlled by USML 

Category X in the International Traffic 

In Arms Regulations (ITAR). 

DATES: Comments must be received by 

July 23, 2012. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. The identification 

number for this rulemaking is BIS– 

2012–0019. 

• By email directly to 

publiccomments@bis.doc.gov. Include 

RIN 0694–AF58 in the subject line. 

• By mail or delivery to Regulatory 

Policy Division, Bureau of Industry and 

Security, U.S. Department of Commerce, 

Room 2099B, 14th Street and 

Pennsylvania Avenue NW., Washington, 

DC 20230. Refer to RIN 0694–AF58. 

FOR FURTHER INFORMATION CONTACT: 

Michael Rithmire, Office of National 

Security and Technology Transfer 

Controls, Bureau of Industry and 

Security, U.S. Department of Commerce, 

Telephone: (202) 482–6105, Email: 

Michael.Rithmire@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 15, 2011, as part of the 

Administration’s ongoing Export 

Control Reform Initiative, the Bureau of 

Industry and Security (BIS) published a 

proposed rule (76 FR 41958) (herein 

‘‘the July 15 proposed rule’’) that set 

forth a framework for how articles, 

which the President determines in 

accordance with section 38(f) of the 

Arms Export Control Act (AECA) 

(22 U.S.C. 2778(f)) would no longer 

warrant export control on the United 

States Munitions List (USML) of the 

ITAR, would be controlled on the 

Commerce Control List (CCL) in 

Supplement No. 1 to Part 774 of the 

Export Administration Regulations 

(EAR). On November 7, 2011 (76 FR 

68675) (herein ‘‘the November 7 

proposed rule’’), BIS published a rule 

proposing several changes to the 

framework initially proposed in the July 

15 rule. 

Following the structure of the July 15 

proposed rule, this proposed rule 

describes BIS’s proposal for controlling 

under the EAR and its CCL personal 

protective equipment, shelters, and 

related articles now controlled by the 

ITAR’s USML Category X. The proposed 

changes described in this proposed rule 

and the State Department’s proposed 

amendment to Category X of the USML 

are based on a review of Category X by 

the Defense Department, which worked 

with the Departments of State and 

Commerce in preparing the proposed 

amendments. The review was focused 

on identifying the types of articles that 

are now controlled by USML Category X 

in the ITAR that are either (i) inherently 

military and otherwise warrant export 

control on the USML or (ii) if it is a type 

common to non-military protective 

equipment, possessing parameters or 

characteristics that provide a critical 

military or intelligence advantage to the 

United States, and that are almost 

exclusively available from the United 

States. If an article satisfied one or both 

of those criteria, the article remained on 

the USML in the ITAR. If an article did 

not satisfy either standard but was 

nonetheless a type of article that is, as 

a result of differences in form and fit, 

‘‘specially designed’’ for military 


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