51718 Federal Register / Vol. 73, No. 173 / Friday, September 5, 2008 / Rules and Regulations 

Instructions: All submissions received 

must include the agency name and the 

RIN for this rulemaking. All comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

FOR FURTHER INFORMATION CONTACT: Erin 

Daly, Policy Section Leader, Office of 

Extramural Programs, Cooperative State 

Research, Education, and Extension 

Service, U.S. Department of Agriculture, 

STOP 2299, 1400 Independence 

Avenue, SW., Washington, DC 20250–

2299; Voice: 202–401–3319; Fax: 202–

401–7752; E-mail: 

edaly@csrees.usda.gov. 

SUPPLEMENTARY INFORMATION: This 

correction is to replace an invalid Email address listed in the ADDRESSES

section of the original document and to 

extend the comment period listed in the 

DATES section of the original document 

an additional 30 days. The correct 

address and comment submission 

instruction is: E-mail: 

Policy@csrees.usda.gov. Include 

Regulatory Information Number (RIN) 

number 0524–AA28 in the subject line 

of the message. The extended comment 

end period is October 30, 2008. 

Done at Washington, DC, this 29th day of 

August, 2008. 

Gale Buchanan, 

Under Secretary, Research, Education, and 

Economics. 

[FR Doc. E8–20562 Filed 9–4–08; 8:45 am] 

BILLING CODE 3410–22–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 774 

[Docket No. 080211156–8157–01] 

RIN 0694–AE24 

Clarification of the Classification of 

Crew Protection Kits on the Commerce 

Control List 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is amending the Export 

Administration Regulations (EAR) to 

clarify that crew protection kits used as 

protective cabs on construction 

equipment are on the Wassenaar 

Arrangement Munitions List and are 

correctly classified on the Commerce 

Control List in the entry that applies to 

construction equipment built to military 

specifications. 

DATES: Effective date is September 5, 

2008. 

ADDRESSES: You may submit comments, 

identified by RIN 0694–AE24, by any of 

the following methods: 

• E-mail: rpd2@bis.doc.gov. Include 

‘‘RIN 0694–AE24’’ in the subject line of 

the message. 

• Fax: 202–482–3355. 

• Hand Delivery/Courier: U.S. 

Department of Commerce, Bureau of 

Industry and Security, Regulatory Policy 

Division, 14th & Pennsylvania Avenue, 

NW., Room 2705, Washington, DC 

20230, ATTN: RIN 0694–AE24. 

FOR FURTHER INFORMATION CONTACT: 

Gene Christiansen, Office of National 

Security and Technology Transfer 

Controls, telephone: (202) 482–2984. 

SUPPLEMENTARY INFORMATION: 

BIS is amending the Export 

Administration Regulations (EAR) to 

add the phrase ‘‘crew protection kits’’ to 

Export Control Classification Number 

(ECCN) 0A018.a. This ECCN is used to 

control items that are listed on the 

Wassenaar Arrangement Munitions List 

(WAML). Specifically, the WAML 

category ML–17.b lists construction 

equipment ‘‘specially designed for 

military use.’’ On the Commerce Control 

List (CCL), ECCN 0A018.a controls 

items listed in category ML–17.b as 

‘‘construction equipment built to 

military specifications.’’

Recently, the Departments of 

Commerce, State, and Defense reviewed 

ECCN 0A018.a and concluded that 

although crew protection kits are 

covered by the phrase ‘‘[c]onstruction 

equipment built to military 

specifications * * * and specially 

designed parts and accessories therefor’’

as set forth in that ECCN, it would 

enhance the ECCN’s clarity if crew 

protection kits were added explicitly to 

the ECCN’s text. Crew protection kits 

are items that can be used as protective 

cabs on construction equipment to help 

protect crews operating in a military or 

otherwise hostile environment. To 

facilitate public understanding that 

crew protection kits are considered 

construction equipment built to military 

specifications, the Departments of 

Commerce, State, and Defense agreed to 

include specific reference to these kits 

in the descriptive text of ECCN 0A018.a. 

Therefore, this regulation amends 

ECCN 0A018.a to include crew 

protection kits in the descriptive 

language of that paragraph. Moreover, 

this regulation makes slight changes to 

the language of ECCN 0A018.a to further 

clarify that the items listed are all 

considered to be construction 

equipment built to military 

specifications, and thus are all 

controlled by that ECCN. These changes 

do not create new export controls for 

crew protection kits. 

Although the Export Administration 

Act expired on August 20, 2001, the 

President, through Executive Order 

13222 of August 17, 2001, 3 CFR, 2001 

Comp., p. 783 (2002), as extended by the 

Notice of July 23, 2008, 73 FR 43603 

(July 25, 2008), has continued the 

Export Administration Regulations in 

effect under the International 

Emergency Economic Powers Act. 

Rulemaking Requirements 

1. This rule has been determined to be 

not significant for purposes of Executive 

Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to nor be subject to a penalty 

for failure to comply with a collection 

of information, subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This regulation 

contains a collection previously 

approved by the OMB under control 

numbers 0694–0088, ‘‘Multi-Purpose 

Application,’’ which carries a burden 

hour estimate of 58 minutes to prepare 

and submit form BIS–748. 

Miscellaneous and recordkeeping 

activities account for 12 minutes per 

submission. BIS expects that this rule 

will not change that burden hour 

estimate. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined in Executive Order 

13132. 

4. Pursuant to 5 U.S.C. 553(a)(1), the 

provisions of the Administrative 

Procedure Act requiring a notice of 

proposed rulemaking and the 

opportunity for public comment are 

waived, because this regulation involves 

a military or foreign affairs function of 

the United States. No other law requires 

that a notice of proposed rulemaking 

and an opportunity for public comment 

be given for this rule. Because a notice 

of proposed rulemaking and an 

opportunity for public comment are not 

required to be given for this rule under 

the Administrative Procedure Act or by 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

not applicable. Therefore, this 

regulation is issued in final form. 

Although there is no formal comment 

period, public comments on this 

regulation are welcome on a continuing 

basis. Comments should be submitted 

via courier or via hand delivery to 


hsrobinson on PROD1PC76 with RULES
Federal Register / Vol. 73, No. 173 / Friday, September 5, 2008 / Rules and Regulations 51719 

Steven Emme, Regulatory Policy 

Division, Bureau of Industry and 

Security, Department of Commerce, 

14th and Pennsylvania Ave., NW., 

Room 2705, Washington, DC 20230. 

List of Subjects in 15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, the Export Administration 

Regulations (15 CFR 730–774) are 

amended as follows: 

PART 774—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 774 is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 

7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 

seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 

42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 

1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; 

22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of July 23, 2008, 73 FR 

43603 (July 25, 2008). 

■ 2. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities, and 

Equipment [and Miscellaneous Items], 

ECCN 0A018 is amended by revising 

‘‘Items’’ paragraph a. in the List of Items 

Controlled section to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

Category 0—Nuclear Materials, 

Facilities, and Equipment [and 

Miscellaneous Items] 

* * * * * 

0A018 Items on the Wassenaar 

Munitions List 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

a. Construction equipment built to 

military specifications, including 

equipment specially designed for 

airborne transport; and specially 

designed parts and accessories for such 

construction equipment, including crew 

protection kits used as protective cabs; 

* * * * * 

Dated: August 29, 2008. 

Christopher R. Wall, 

Assistant Secretary for Export 

Administration. 

[FR Doc. E8–20585 Filed 9–4–08; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9417] 

RIN 1545–BE39 

Farmer and Fisherman Income 

Averaging; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to final and 

temporary regulations. 

SUMMARY: This document corrects final 

and temporary regulations (TD 9417) 

that were published in the Federal 

Register on Tuesday, July 22, 2008 (73 

FR 42522) relating to the averaging of 

farm and fishing income in computing 

income tax liability. 

FOR FURTHER INFORMATION CONTACT: 

Amy Pfalzgraf, (202) 622–4960 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The final and temporary regulations 

(TD 9417) that are the subject of this 

correction are under section 1301 of the 

Internal Revenue Code. 

Need for Correction 

As published, TD 9417 contains an 

error that may prove to be misleading 

and is in need of clarification. 

Correction of Publication 

Accordingly, the publication of the 

final and temporary regulations (TD 

9417), which were the subject of FR 

Doc. E8–16665, is corrected as follows: 

On page 42522, column 2, in the 

preamble, under the caption ‘‘For 

Further Information Contact’’, line 2, the 

language ‘‘Amy Pfalzgraf, (202) 622–

4950 (not a‘‘ is corrected to read ‘‘Amy 

Pfalzgraf (202) 622–4960 (not a ‘‘. 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel, (Procedure and Administration). 

[FR Doc. E8–20555 Filed 9–4–08; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0902] 

RIN 1625–AA87 

Security Zone; Potomac River, 

Boundary Channel and Pentagon 

Lagoon, Washington, DC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

encompassing certain waters of the 

Potomac River. This action is necessary 

to prevent terrorist acts and incidents 

immediately before, during and after a 

dedication ceremony held at The 

Pentagon on September 11, 2008. This 

rule prohibits vessels and people from 

entering the security zone and requires 

vessels and persons in the security zone 

to depart the security zone, unless 

specifically exempt under the 

provisions in this rule or granted 

specific permission from the Coast 

Guard Captain of the Port Baltimore. 

DATES: This rule is effective from 6 a.m. 

through 11 a.m. on September 11, 2008. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008–

0902 and are available online at 

http://www.regulations.gov. They are 

also available for inspection or copying 

at two locations: The Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays, and the 

Commander, U.S. Coast Guard Sector 

Baltimore, 2401 Hawkins Point Road, 

Building 70, Waterways Management 

Division, Baltimore, Maryland 21226–

1791 between 8 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call Mr. Ronald Houck, at Coast 

Guard Sector Baltimore, Waterways 

Management Division, at telephone 

number (410) 576–2674 or (410) 576–

2693. If you have questions on viewing 

the docket, call Renee V. Wright, 

Program Manager, Docket Operations, 

telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 


hsrobinson on PROD1PC76 with RULES