65526 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

Issued in Renton, Washington, on

December 13, 1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–30962 Filed 12–19–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 71

[Airspace Docket No. 95–ASO–23]

Removal of Class E Airspace; Marietta,

GA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This amendment removes

Class E airspace at Marietta, GA. The

required weather observations are not

available to Atlanta Tower, the ATC

facility having jurisdiction over the

Class E2 surface area airspace at the

Cobb County-McCollum Field Airport,

when the Cobb County-McCollum Field

Airport Traffic Control Tower is closed.

Therefore, the Class E2 surface area

airspace for the airport must be revoked.

EFFECTIVE DATE: 9091 UTC, February 29,

1996.

FOR FURTHER INFORMATION CONTACT:

Benny L. McGlamery, System

Management Branch, Air Traffic

Division, Federal Aviation

Administration, P.O. Box 20636,

Atlanta, Georgia 30320; telephone (404)

305–5570.

SUPPLEMENTARY INFORMATION:

History

It is a requirement that weather

observations shall be taken at the

surface area’s primary airport during the

times and dates a surface area is

designated, and further that the required

weather observation shall be transmitted

expeditiously to the ATC facility having

jurisdiction over the surface area. When

the Cobb County-McCollum Field

Airport Traffic Control Tower is closed

this requirement is not being met. This

action will eliminate the impact Class

E2 surface area airspace has placed on

users of the airspace in the vicinity of

the Cobb County-McCollum Field

Airport. This rule will become effective

on the date specified in the DATES

section. Since this action removes the

Class E2 surface area airspace, which

eliminates the impact of Class E2

surface area airspace on users of the

airspace in the vicinity of the Cobb

County-McCollum Field Airport, notice

and public procedure under 5 U.S.C.

553(b) are unnecessary.

The Rule

The amendment to part 71 of the

Federal Aviation Regulations (14 CFR

part 71) removes Class E airspace at

Marietta, GA. The required weather

observations are not available to Atlanta

Tower, the ATC facility having

jurisdiction over the Class E2 surface

area airspace at the Cobb CountyMcCollum Field Airport, when the Cobb

County-McCollum Field Airport Traffic

Control Tower is closed. Therefore, the

Class E2 surface area airspace for the

airport must be revoked.

The FAA has determined that this

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 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).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—[AMENDED]

1. The authority citation for 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g); 40103, 40113,

40120; EO 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389; 14 CFR 11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9C, Airspace

Designations and Reporting Points,

dated August 17, 1995, and effective

September 16, 1995, is amended as

follows:

* * * * *

Paragraph 6002 Class E airspace areas

designated as a surface area for an airport.

* * * * *

ASO GA E2 Marietta, GA [Removed]

* * * * *

Issued in College Park, Georgia, on October

20, 1995.

Benny L. McGlamery,

Acting Manager, Air Traffic Division,

Southern Region.

[FR Doc. 95–30919 Filed 12–19–95; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 771, 779 and 799

[Docket No. 951211296–5296–01]

RIN 0694–AB30

Expansion of General License GLX and

GTDR

AGENCY: Bureau of Export

Administration.

ACTION: Final rule.

SUMMARY: This final rule revises the

Export Administration Regulations

(EAR) by expanding General License

GLX eligibility to include:

microprocessors with a composite

theoretical performance not exceeding

500 million theoretical operations per

second; memory integrated circuits;

certain digital integrated circuits; field

programmable gate arrays and logic

arrays; portable (personal) or mobile

radiotelephones not capable of end-toend encryption; and software to protect

against computer viruses.

In addition, revisions have been made

to expand eligibility for General License

GTDR with written assurance to include

virus protection software controlled

under ECCN 5D13A.c.

This rule also revises the list of

‘‘Additional Items Eligible for General

License GLX’’ included in a supplement

to the General License section of the

EAR to reflect the expansion of General

License GLX, and makes editorial

corrections to the permissive reexport

provisions for technical data.

The expansion of General License

GLX and GTDR to include additional

items will reduce paperwork and

licensing delays for exporters, and will

focus controls on exports that are of

direct strategic concern.

EFFECTIVE DATE: This rule is effective

December 20, 1995.

FOR FURTHER INFORMATION CONTACT:

For questions of a general nature, call

Nancy Crowe, Bureau of Export

Administration, Telephone: (202) 482–

2440.

For questions of a technical nature on

digital mobile telephones call Joseph

Young, Bureau of Export

Administration, Telephone: (202) 482–

4197.
Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65527

For questions of a technical nature on

semiconductors call Robert Lerner,

Bureau of Export Administration,

Telephone: (202) 482–3710.

SUPPLEMENTARY INFORMATION:

Background

In response to the realities of a postCold War era, the Bureau of Export

Administration published a final rule in

the Federal Register on April 4, 1994,

(59 FR 15621) that established General

License GLX in section 771.20 of the

Export Administration Regulations

(EAR). General License GLX allows

exports of many items, without the

requirement of an individual validated

license, to civil end-users and end-uses

in formerly COCOM-proscribed

destinations. This general license is

available for items previously covered

by Administrative Exception Notes in

the Commerce Control List (CCL), with

certain specified exceptions and

additions noted in the EAR. General

License GLX is not available for exports

to military end-users or for known

military end-uses. In addition to

conventional military activities, military

end-uses include any proliferation

activities described in Part 778 of the

EAR. Retransfers to military end-users

or end-uses in countries eligible for

General License GLX are strictly

prohibited without prior authorization

from the Department of Commerce.

Currently, most computer and

telecommunications equipment listed

on the CCL are eligible for General

License GLX, except for most portable

radiotelephones, virus protection

software, and electronic devices and

components. Since the formerly

COCOM-proscribed destinations as well

as the People’s Republic of China are

emerging markets for these items, and

because this step is consistent with the

national security and foreign policy

objectives of the United States, this rule

expands General License GLX for such

items to ensure U.S. manufacturers

remain competitive in these areas.

This rule expands General License

GLX to include: microprocessors with a

composite theoretical performance not

exceeding 500 million theoretical

operation per second identified under

ECCN 3A01A.a.3.; memory integrated

circuits identified under ECCN

3A01A.a.4.; digital-to-analog converters

identified under ECCN 3A01.a.5.b.; field

programmable gate arrays and logic

arrays identified under ECCN

3A01A.a.7., and a.8.; digital integrated

circuits identified under ECCN

3A01A.a.11.; portable (personal) or

mobile radiotelephones not capable of

end-to-end encryption identified under

Export Control Classification Number

(ECCN) 5A11A.a.; and software to

protect against computer viruses

identified under ECCN 5D13A.c.

This rule also removes ECCNs 4B01A,

4B02A, 4B03A and 4C01A from

Supplement No. 1 to Part 771 of the

EAR, Additional Items Eligible for

General License GLX. This editorial

revision conforms the GLX supplement

with the removal of these ECCNs from

the CCL on May 16, 1994 (59 FR 25314).

In addition, eligibility for General

License GTDR with letter of assurance

has been expanded to include virus

protection software controlled under

ECCN 5D13A.c. Note that such software

is also eligible for General License GLX,

and exporters may use either general

license, whichever appropriate,

provided that the export meets all the

provisions of the general license.

This rule also makes editorial changes

to the permissive reexport provisions for

technical data based upon authorization

by COCOM participating countries.

Finally, this rule makes editorial

changes to the permissive reexport

provisions for the direct product of U.S.-

origin technical to clarify the original

intent. These clarifications do not

provide substantive changes to the EAR.

Although the Export Administration

Act (EAA) expired on August 20, 1994,

the President invoked the International

Emergency Economic Powers Act and

continued in effect, to the extent

permitted by law, the provisions of the

EAA and the EAR in Executive Order

12924 of August 19, 1994, and notice of

August 15, 1995 (60 FR 42767).

Rulemaking Requirements

1. This final rule has been determined

to be not significant for the purposes of

Executive Order 12866.

2. 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 Paperwork

Reduction Act unless that collection of

information displays a currently valid

OMB Control Number. This rule

involves collections of information

subject to the Paperwork Reduction Act

of 1980 (44 U.S.C. 3501 et seq.). These

collections have been approved by the

Office of Management and Budget under

control numbers 0694–0005, 0694–0007,

0694–0010, and 0694–0023.

3. This rule does not contain policies

with Federalism implications sufficient

to warrant preparation of a Federalism

assessment under Executive Order

12612.

4. Because a notice of proposed

rulemaking and an opportunity for

public comment are not required to be

given for this rule by the Administrative

Procedure Act (5 U.S.C. 553) or by any

other law, under sections 3(a) of the

Regulatory Flexibility Act (5 U.S.C.

603(a) and 604(a)) no initial or final

Regulatory Flexibility Analysis has to be

or will be prepared.

5. The provisions of the

Administrative Procedure Act (5 U.S.C.

553) requiring notice of proposed

rulemaking, the opportunity for public

participation, and a delay in effective

date, are inapplicable because this

regulation involves a military and

foreign affairs function of the United

States. Further, no other law requires

that a notice of proposed rulemaking

and an opportunity for public comment

be given for this rule.

List of Subjects

15 CFR Parts 771, 799

Exports, Reporting and recordkeeping

requirements.

15 CFR Part 779

Computer technology, Exports,

Reporting and recordkeeping

requirements, Science and technology.

Accordingly, Parts 771, 779, and 799

of the Export Administration

Regulations (15 CFR Parts 730–799) are

amended as follows:

1. The authority citation for 15 CFR

Parts 771 and 799 continue to read as

follows:

Authority: 50 U.S.C. App. 5, as amended;

Pub. L. 264, 59 Stat. 619 (22 U.S.C. 287c), as

amended; Pub. L. 90–351, 82 Stat. 197 (18

U.S.C. 2510 et seq.), as amended; sec. 101,

Pub. L. 93–153, 87 Stat. 576 (30 U.S.C. 185),

as amended; sec. 103, Pub. L. 94–163, 89

Stat. 877 (42 U.S.C. 6212), as amended; secs.

201 and 201(11)(e), Pub. L. 94–258, 90 Stat.

309 (10 U.S.C. 7420 and 7430(e)), as

amended; Pub. L. 95–223, 91 Stat. 1626 (50

U.S.C. 1701 et seq.); Pub. L. 95–242, 92 Stat.

120 (22 U.S.C. 3201 et seq. and 42 U.S.C.

2139a); sec. 208, Pub. L. 95–372, 92 Stat. 668

(43 U.S.C. 1354); Pub. L. 96–72, 93 Stat. 503

(50 U.S.C. App. 2401 et seq.), as amended;

sec. 125, Pub. L. 99–64, 99 Stat. 156 (46

U.S.C. 466c); Pub. L. 102–484, 106 Stat. 2575

(22 U.S.C. 6004); E.O. 11912 of April 13,

1976 (41 FR 15825, April 15, 1976); E.O.

12002 of July 7, 1977 (42 FR 35623, July 7,

1977), as amended; E.O. 12058 of May 11,

1978 (43 FR 20947, May 16, 1978); E.O.

12214 of May 2, 1980 (45 FR 29783, May 6,

1980); E.O. 12851 of June 11, 1993 (58 FR

33181, June 15, 1993); E.O. 12867 of

September 30, 1993 (58 FR 51747, October 4,

1993); E.O 12918 of May 26, 1994 (59 FR

28205, May 31, 1994); E.O. 12924 of August

19, 1994 (59 FR 43437 of August 23, 1994);

and E.O. 12938 of November 14, 1994 (59 FR

59099 of November 16, 1994).

2. The authority citation for 15 CFR

Part 779 continues to read as follows:
65528 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

Authority: Pub. L. 96–72, 93 Stat. 503 (50

U.S.C. App. 2401 et seq.), as amended; Pub.

L. 95–223, 91 Stat. 1626 (50 U.S.C. 1701 et

seq.); Pub. L. 90–351, 82 Stat. 197 (18 U.S.C.

2510 et seq.), as amended Pub. L. 95–242, 92

Stat. 120 (22 U.S.C. 3201 et seq. and 42

U.S.C. 2139a); Pub. L. 102–484, 106 Stat.

2575 (22 U.S.C. 6004); E.O. 12002 of July 7,

1977 (42 FR 35623, July 7, 1977), as

amended; E.O. 12058 of May 11, 1978 (43 FR

20947, May 16, 1978); E.O. 12214 of May 2,

1980 (45 FR 29783, May 6, 1980); E.O. 12730

of September 30, 1990 (55 FR 40373, October

2, 1990), as continued by Notice of

September 25, 1992 (57 FR 44649, September

28, 1992); E.O. 12924 of August 19, 1994 (59

FR 43437, August 23, 1994); and E.O. 12938

of November 14, 1994 (59 FR 59099 of

November 16, 1994).

PART 771—[AMENDED]

3. Supplement No. 1 to Part 771, is

revised to read as follows:

Supplement No. 1 to Part 771—

Additional Items Eligible for General

License GLX

Note: Portions of some items listed in this

Supplement are controlled for missile

technology (MT), nuclear proliferation (NP),

or foreign policy (FP) reasons. Exporters are

reminded that such portions are not eligible

for General License GLX. Refer to the specific

ECCNs to identify those portions of entries

subject to MT, NP, or FP controls.

CATEGORY 1

1D01A

1D02A

CATEGORY 2

2A01A

2A02A

2A03A

2A04A

2A06A

2B03A.a

CATEGORY 3

3A01A.a.3. (up to 500 Mtops only)

3A01A.a.4.

3A01A.a.5 (except a.5.a.)

3A01A.a.7.

3A01A.a.8.

3A01A.a.11

3A02A.h.

CATEGORY 4

4A03A.d (having a 3–D vector rate

less than 10M vectors/sec.)

4A03A.f

CATEGORY 5

5A02A (except .h and .i)

5A03A

5A04A

5A05A

5A06A

5A11A.a (portable or mobile

radiotelephones for use with

commercial civil cellular

radiocommunications systems, not

capable of end-to-end encryption)

5B01A

5B02A

5C01A

5D01A

5D02A

5D03A

5D13A.c

CATEGORY 6

6A01A.b

6A02A.a.4

6A03A.a.1

6A04A.f

6A05A.c.2.a

6A05A.d

6A05A.e

6B05A

6A08A.b

6A08A.c

6A08A.l.1.

6C02A.c

6C04A.h

6D03A.d

CATEGORY 8

8A02A.e.2

CATEGORY 9

9B01A.a

9B02A.b

9B01A.f

9B01A.h

9B05A

9B06A

PART 779—[AMENDED]

§ 779.8 [Amended]

5. Section 779.8 is amended:

a. By revising the word ‘‘exported’’ in

paragraph (b)(2)(i) to read ‘‘reexported’’;

b. by revising the phrase ‘‘export or

reexport’’ in paragraph (b)(2)(ii),

(b)(2)(iii) and (b)(2)(iv) to read

‘‘reexport’’; and

c. by revising the phrase ‘‘export or

reexport’’ in paragraph (b)(3) to read

‘‘export from abroad’’.

PART 799—[AMENDED]

Supplement No. 1 to § 799.1—

[Amended]

6. In Supplement No. 1 to Section

799.1, section II of Category 5

(Telecommunications and ‘‘Information

Security’’), ECCN 5D13A is amended by

revising the Requirements section to

read as follows:

5D13A Specific ‘‘Software’’ as Follows

Requirements

Validated License Required:

QSTVWYZ

Unit: $ value

Reason for Control: NS

GTDR: Yes, for 5D13.c and software

described in Advisory Note 5 only. (See

Note)

GTDU: No

Note: Exporter must have determined that

the software is not controlled by the Office

of Defense Trade Controls, Department of

State, before using this general license.

* * * * *

Dated: December 14, 1995.

Sue E. Eckert,

Assistant Secretary for Export

Administration.

[FR Doc. 95–30776 Filed 12–19–95; 8:45 am]

BILLING CODE 3510–DT–P

FEDERAL TRADE COMMISSION

16 CFR Part 400

Trade Regulation Rule Concerning

Advertising and Labeling as to Size of

Sleeping Bags

AGENCY: Federal Trade Commission.

ACTION: Repeal of rule.

SUMMARY: The Federal Trade

Commission announces the repeal of the

Trade Regulation Rule concerning

Advertising and Labeling as to Size of

Sleeping Bags. The Commission has

reviewed the rulemaking record and

determined that due to changes in

industry practice, and the existence of

laws in most states that mandate pointof-sale disclosures similar to those

required by the Rule, the Rule no longer

serves the public interest and should be

repealed. This notice contains a State of

Basis and Purpose for repeal of the Rule.

EFFECTIVE DATE: December 20, 1995.

ADDRESSES: Requests for copies of the

State of Basis and Purpose should be

sent to Public Reference Branch, Room

130, Federal Trade Commission, 6th

Street & Pennsylvania Avenue NW.,

Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:

Neil Blickman, Attorney, Federal Trade

Commission, Bureau of Consumer

Protection, Division of Enforcement,

Washington, DC 20580, (202) 326–3038.

SUPPLEMENTARY INFORMATION:

State of Basis and Purpose

I. Background

The Trade Regulation Rule

concerning Advertising and Labeling as

to Size of Sleeping Bags (Sleeping Bag

Rule), 16 CFR Part 400, was

promulgated in 1963 (28 FR 10900). The

Sleeping Bag Rule regulates the

advertising, labeling and marking of the

dimensions of sleeping bags. The

Commission had found that the practice

of labeling sleeping bags by the

dimensions of the unfinished material

used in their construction (cut size) was

misleading consumers about the actual

size of the sleeping bag. To correct this

misconception, the Commission

promulgated the Sleeping Bag Rule,

which provides that it is an unfair

method of competition and an unfair or

deceptive act or practice to use the ‘‘cut