8314 Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2007–27262; Airspace 

Docket No. 07–ASO–1] 

Proposed Amendment of Class E 

Airspace; Middlesboro, KY 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This notice proposes to 

amend Class E5 airspace at 

Middlesboro, KY. An Area Navigation 

(RNAV) Global Positioning System 

(GPS) Standard Instrument Approach 

Procedure (SIAP) A has been developed 

for Middlesboro-Bell County Airport. As 

a result, additional controlled airspace 

extending upward from 700 feet Above 

Ground Level (AGL) is needed to 

contain the SIAP. 

DATES: Comments must be received on 

or before March 28, 2007. 

ADDRESSES: Send comments on this 

proposal to the Docket Management 

System, U.S. Department of 

Transportation, Room Plaza 401, 400 

Seventh Street, SW., Washington, DC 

20590–00001. You must identify the 

docket number FAA–2007–27262/ 

Airspace Docket No. 07–ASO–1, at the 

beginning of your comments. You may 

also submit comments on the Internet at 

http://dms.dot.gov. You may review the 

public docket containing the proposal, 

any comments received, and any final 

disposition in person in the Dockets 

Office between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The Docket office (telephone 

1–800–647–5527) is on the plaza level 

of the Department of Transportation 

NASSIF Building at the above address. 

An informal docket may also be 

examined during normal business hours 

at the office of the Regional Air Traffic 

Division, Federal Aviation 

Administration, Room 550, 1701 

Columbia Avenue, College Park, Georgia 

30337. 

FOR FURTHER INFORMATION CONTACT: 

Mark Ward, Manager, System Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5627. 

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 and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2007–27262/Airspace 

Docket No. 07–ASO–1.’’ The postcard 

will be date/time stamped and returned 

to the commenter. All communications 

received before the specified closing 

date for comments will be considered 

before taking action on the proposed 

rule. The proposal contained in this 

notice may be changed in light of the 

comments received. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filled in 

the docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://dms.dot.gov. Recently 

published rulemaking documents can 

also be accessed through the FAA’s Web 

page at http://www.faa.gov or the 

Superintendent of Document’s Web 

page at http://www.access.gpo/nara. 

Additionally, any person may obtain a 

copy of this notice by submitting a 

request to the Federal Aviation 

Administration, Office of Air Traffic 

Airspace Management, ATA–400, 800 

Independence Avenue, SW., 

Washington, DC 20591, or by calling 

(202) 267–8783. Communications must 

identify both docket numbers for this 

notice. Persons interested in being 

placed on a mailing list for future 

NPRM’s should contact the FAA’s 

Office of Rulemaking, (202) 267–9677, 

to request a copy of Advisory Circular 

No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

The FAA is considering an 

amendment to Part 71 of the Federal 

Aviation Regulations (14 CFR part 71) to 

amend Class E5 airspace at 

Middlesboro, KY. Class E airspace 

designations for airspace areas 

extending upward from 700 feet or more 

above the surface of the earth are 

published in Paragraph 6005 of FAA 

Order 7400.9P, dated September 16, 

2006, and effective September 16, 2006, 

which is incorporated by reference in 14 

CFR 71.1. The Class E airspace 

designations listed in this document 

would be published subsequently in the 

Order. 

The FAA has determined that this 

proposed 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. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that 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. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; ROUTES; AND REPORTING 

POINTS 

1. The authority citation for 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 Federal Aviation 

Administration Order 7400.9P, Airspace 

Designations and Reporting Points, 

dated September 16, 2006, and effective 

September 16, 2006, is amended as 

follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO KY E5 Middlesboro, KY [REVISED] 

Middlesboro—Bell County Airport, KY 

(Lat. 36°36′38′′ N, long. 83°44′15′′ W) 


hsrobinson on PROD1PC76 with PROPOSALS
Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Proposed Rules 8315 

That airspace extending upward from 700 

feet above the surface within a 6.3-mile 

radius of the Middlesboro—Bell County. 

* * * * * 

Issued in College Park, Georgia on 

February 13, 2007. 

Mark D. Ward, 

Group Manager, System Support Group, 

Eastern Service Center. 

[FR Doc. 07–857 Filed 2–23–07; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 740 

[Docket No. 0612242560–7024–01] 

RIN 0694–AD93 

Country Group C: Destinations of 

Diversion Concern 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The Department of 

Commerce’s Bureau of Industry and 

Security (BIS) is considering 

amendments to the Export 

Administration Regulations (EAR) to 

further the national security interests of 

the United States by designating 

Country Group C for countries that are 

‘‘Destinations of Diversion Concern.’’

This amendment would establish 

license requirements for exports and 

reexports to countries that represent a 

concern for the diversion of items 

subject to the EAR. BIS by this notice 

requests comments on Country Group C. 

DATES: Comments are due no later than 

close of business March 12, 2007. 

ADDRESSES: Comments should be sent to 

publiccomments@bis.doc.gov, fax (202) 

482–3355, or to Regulatory Policy 

Division, Bureau of Industry and 

Security, Room H2705, U.S. Department 

of Commerce, Washington, DC 20230. 

Please refer to regulatory identification 

number (RIN) 0694–AD93 in all 

comments, and in the subject line of email comments. Comments on the 

collection of information should be sent 

to David Rostker, Office of Management 

and Budget (OMB), by e-mail to 

David_Rostker@omb.eop.gov, or by fax 

to (202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Sharron Cook, Office of Exporter 

Services, Bureau of Industry and 

Security, Telephone (202) 482–2440. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department of Commerce seeks to 

address the threat to national security 

caused by the illicit transshipment, 

reexport, and diversion in international 

trade of items subject to the EAR. 

Through government-to-government and 

government-to-industry outreach, the 

Department of Commerce encourages 

transshipment countries to strengthen 

their international export control 

practices. 

This effort includes both governmentto-government cooperation and U.S. 

Government cooperation and 

information-sharing with the private 

sector. To strengthen government-togovernment cooperation, the 

Department of Commerce has worked 

with its counterpart agencies to: (1) 

Develop or strengthen export control 

regimes, (2) promote information and 

data exchanges, and (3) strengthen 

cooperation and facilitate enforcement. 

Specific initiatives to develop export 

control capabilities have included 

technical assistance in the areas of legal 

framework and licensing procedures 

and practices, enforcement training, and 

industry outreach. To strengthen 

cooperation and facilitate enforcement, 

the Department of Commerce has posted 

export control attache ́s to serve as 

liaisons in many of these areas, and has 

sought agreements and other 

government-to-government cooperation 

in certain destinations. 

The Department of Commerce has 

also concentrated on outreach to key 

companies involved in forwarding, 

processing, and transporting goods 

through transshipment points, i.e., 

freight forwarders, integrators, air cargo 

carriers, and shipping lines. The 

Department of Commerce has sought to 

enhance cooperation with these private 

sector entities via informal meetings, the 

establishment of communication 

channels to facilitate information 

sharing, the establishment and sharing 

of ‘‘best practices,’’ and by working with 

the foreign trade zone board to address 

transshipment issues. 

The diversion of items subject to the 

EAR could augment the capabilities of 

terrorists and state sponsors of 

terrorism, and significantly undermine 

international counterproliferation 

efforts. The illegal diversion of such 

items could also compromise the 

effectiveness of U.S. export control 

laws. In recent years, diversions have 

contributed to a number of major cases 

involving the violation of U.S. export 

control laws for dual-use goods. 

Request for Comment 

Consideration of designating Country 

Group C to identify ‘‘Destinations of 

Diversion Concern’’ is part of the 

Department of Commerce’s effort to 

strengthen the trade compliance and 

export control systems of countries that 

are transshipment hubs. By working to 

strengthen those systems, the 

Department of Commerce seeks to 

enhance international security and 

confidence in international trade flows. 

Country Group C would identify those 

countries of diversion concern, based on 

certain criteria including, but not 

limited to: 

• Transit and transshipment volume; 

• Inadequate export/reexport 

controls; 

• Demonstrated inability to control 

diversion activities in this destination; 

• Government not directly involved 

in diversion activities; and 

• Government unwilling or unable to 

cooperate with the U.S. in interdiction 

efforts. 

As a result of being placed into 

Country Group C, the licensing policy 

would likely change for items going to 

any country designated as a 

‘‘Destination of Diversion Concern.’’

Such changes could include changes in 

License Exception eligibility (Part 740 of 

the EAR), License Requirements and 

Licensing Policy (Part 742 of the EAR), 

and End-User and End-Use Based 

Controls (Part 744 of the EAR). The 

result of these changes could mean that 

more license applications might be 

required; more stringent license review 

policies might be implemented, which 

could result in less approvals or more 

conditions on licenses; authorizations 

may be delayed because of increased 

end-user checks; or authorizations may 

decrease because of diversion risks for 

such countries. 

Rulemaking Requirements 

This advance notice of proposed 

rulemaking rule has been determined to 

be significant for purposes of E.O. 

12866. 

Christopher A. Padilla, 

Assistant Secretary for Export 

Administration. 

[FR Doc. E7–3252 Filed 2–23–07; 8:45 am] 

BILLING CODE 3510–33–P 


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