31620 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Rules and Regulations 

■ D. In paragraph (e)(3), remove 

‘‘September 19, 2017,’’ and add 

‘‘December 26, 2017,’’ in its place. 

■ E. In paragraph (l), remove 

‘‘September 19, 2017’’ and add 

‘‘December 26, 2017,’’ in its place; and 

remove ‘‘September 19, 2008’’ and add 

‘‘December 26, 2008,’’ in its place. 

■ F. In paragraph (m)(3), remove 

‘‘Armstrong Viscount’’ and add ‘‘VC– 

10’’ in its place. 

■ G. Remove paragraph (m)(12) and 

redesignate paragraphs (m)(13) through 

(m)(18) as paragraphs (m)(12) through 

(m)(17). 

■ H. In newly redesignated paragraph 

(m)(13), remove the words ‘‘Handley 

Page’’ the first time they appear. 

■ I. Add Table 2 immediately after 

paragraph (k) to read as set forth below. 

The addition reads as follows: 

§ 125.509 Flammability reduction means. 

* * * * * 

(k) * * * 

TABLE 2 

Model—Boeing Model—Airbus 

747 Series ......... A318, A319, A320, A321 

Series. 

737 Series ......... A300, A310 Series. 

777 Series ......... A330, A340 Series. 

767 Series.

757 Series.

* * * * * 

PART 129—OPERATION: FOREIGN 

AIR CARRIERS AND FOREIGN 

OPERATORS OF U.S.-REGISTERED 

AIRRAFT ENGAGED IN COMMON 

CARRIAGE 

■ 11. The authority citation for part 129 

continues to read as follows: 

Authority: 49 U.S.C. 1372, 40113, 40119, 

44101, 44710–44702, 447–5, 44709–44711, 

44713, 44716–44717, 44722, 44901–44904, 

44906, 44912, 44105, Pub. L. 107–71 sec. 

104. 

§ 129.117 [Amended] 

■ 12. Amend § 129.117 as follows: 

■ A. In paragraph (b), remove 

‘‘September 20, 2010,’’ and add 

‘‘December 27, 2010,’’ in its place. 

■ B. In paragraph (d) introductory text, 

remove the words ‘‘After the dates 

specified in paragraphs (j), (k), and (l) of 

this section,’’ and capitalize the first 

letter of the word ‘‘after’’. 

■ C. In paragraph (e)(1), remove 

‘‘September 19, 2014,’’ and add 

‘‘December 26, 2014,’’ in its place. 

■ D. In paragraph (e)(2), remove 

‘‘September 19, 2017,’’ and add 

‘‘December 26, 2017,’’ in its place. 

■ E. In paragraph (e)(3), remove 

‘‘September 19, 2017,’’ and add 

‘‘December 26, 2017,’’ in its place. 

■ F. In paragraph (k)(1), remove 

‘‘December 18, 2008,’’ and add ‘‘March 

26, 2009,’’ in its place. 

■ G. In paragraph (k)(2), remove ‘‘March 

18, 2009,’’ and add ‘‘June 24, 2009,’’ in 

its place. 

■ H. In paragraph (l), remove 

‘‘September 19, 2008,’’ and add 

‘‘December 26, 2008,’’ in its place. 

■ I. In paragraph (m), Table 3, remove 

the phrase ‘‘707/720 Series’’. 

■ J. In paragraph (n), remove 

‘‘September 19, 2017,’’ and add 

‘‘December 26, 2017,’’ in its place; and 

remove ‘‘September 19, 2008,’’ and add 

‘‘December 26, 2008,’’ in its place. 

■ K. In paragraph (o)(3), remove 

‘‘Armstrong Viscount’’ and add ‘‘VC– 

10’’ in its place. 

■ L. Remove paragraph (o)(12) and 

redesignate paragraphs (o)(13) through 

(o)(18) as paragraphs (o)(12) through 

(o)(17). 

■ M. In newly redesignated paragraph 

(o)(13), remove the words ‘‘Handley 

Page’’ the first time they appear. 

Issued in Washington, DC, on June 22, 

2009. 

Rebecca MacPherson, 

Assistant Chief Counsel for Regulation, Office 

of the Chief Counsel. 

[FR Doc. E9–15311 Filed 7–1–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 748 

[Docket No. 0906151047–91048–01] 

RIN 0694–AE65 

Authorization Validated End-User 

(VEU): List of Approved End-Users and 

Respective Eligible Items for India 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: In this final rule, the Bureau 

of Industry and Security (BIS) amends 

the Export Administration Regulations 

(EAR) to include the initial list of endusers for India approved to receive 

exports, reexports and transfers of 

certain items under Authorization 

Validated End-User (VEU). Specifically, 

this rule amends the EAR to authorize 

one VEU in India and identify the 

respective eligible items for export and 

reexport to that VEU’s facilities. 

DATES: This rule is effective July 2, 

2009. Although there is no formal 

comment period, public comments on 

this regulation are welcome on a 

continuing basis. 

ADDRESSES: You may submit comments, 

identified by RIN 0694–AE65, by any of 

the following methods: 

E-mail: publiccomments@bis.doc.gov 

Include ‘‘RIN 0694–AE65’’ in the subject 

line of the message. 

Fax: (202) 482–3355. Please alert the 

Regulatory Policy Division, by calling 

(202) 482–2440, if you are faxing 

comments. 

Mail or Hand Delivery/Courier: Sheila 

Quarterman, U.S. Department of 

Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

14th Street & Pennsylvania Avenue, 

NW., Room 2705, Washington, DC 

20230, Attn: RIN 0694–AE65. 

Send comments regarding the 

collection of information associated 

with this rule, including suggestions for 

reducing the burden to Jasmeet Seehra, 

Office of Management and Budget 

(OMB), by e-mail to 

Jasmeet_K._Seehra@omb.eop.gov or by 

fax to (202) 395–7285. Comments on 

this collection of information should be 

submitted separately from comments on 

the final rule (i.e., RIN 0694–AE65)—all 

comments on the latter should be 

submitted by one of the three methods 

outlined above. 

FOR FURTHER INFORMATION CONTACT: 

Karen Nies-Vogel, Chairman, End-User 

Review Committee, Bureau of Industry 

and Security, U.S. Department of 

Commerce, 14th Street & Pennsylvania 

Avenue, NW., Washington, DC 20230; 

by telephone (202) 482–3811, or by email to kniesv@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Authorization Validated End-User 

(VEU): Initial List of Approved EndUsers, Eligible Items and Destinations 

for India 

Consistent with U.S. Government 

policy to facilitate trade for civilian endusers, BIS amended the EAR in a final 

rule on June 19, 2007 (72 FR 33646) by 

creating a new authorization for 

‘‘validated end-users’’ (VEUs) located in 

eligible destinations to which eligible 

items (commodities, software and 

technology, except those controlled for 

missile technology or crime control 

reasons) may be exported, reexported or 

transferred under a general 

authorization instead of a license in 

conformance with Section 748.15 of the 

EAR. In a final rule published in the 

Federal Register on October 1, 2007 (72 

FR 56010, October 1, 2007), BIS 

identified India as an eligible 

destination under Authorization VEU. 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Rules and Regulations 31621 

Authorization VEU would facilitate 

increased high-technology exports to 

companies in India that have a record of 

using such items responsibly. VEUs may 

obtain eligible items that are on the 

Commerce Control List without having 

to wait for their suppliers to obtain 

export licenses from BIS. A wide range 

of items are eligible for shipment under 

Authorization VEU. In addition to U.S. 

exporters, Authorization VEU may be 

used by foreign reexporters. Finally, 

while a VEU authorization may be 

revised, suspended or revoked pursuant 

to Section 748.15(a)(3), it does not have 

an expiration date, unlike the two-year 

validity period of an export license. 

Approved VEU India and Its Respective 

‘‘Eligible Items (By ECCN)’’ and 

‘‘Eligible Destinations’’ 

This final rule amends Supplement 

No. 7 to Part 748 of the EAR to identify 

a company, with eligible facilities, in 

India as a VEU and to identify the items 

that may be exported, reexported or 

transferred to it and its approved 

facilities under Authorization VEU. This 

new entry is for GE India. Below are the 

specific Export Control Classification 

Numbers (ECCNs) defining the 

materials, material and aerospace 

technologies, and explosive detection 

equipment, software and technology 

matched to the respective GE India 

facility names and addresses. 

Supplement 7 to Part 748 identifies the 

ECCNs and facilities under the headings 

‘‘Eligible Items (By ECCN)’’ and 

‘‘Eligible Destinations’’, respectively: 

GE India, AIFACS Bldg., 1 Rafi Marg, 

New Delhi 110 001 India. 

GE India Technology Centre Private Ltd. 

(GEITC), 122, EPIP, Phase II, Hoodi 

Village, Whitefield Road, Bangalore, 

Karnataka 560066 India, 1C002.a.1, 

1C002.a.2, 1C002b.1.a and 

1C002.b.1.b, 1E001, 2E983, 9E003.a.1, 

9E003.a.4, 9E003.a.5, 9E003.a.6, 

9E003.a.8, and 9E003.c. 

Bangalore Engineering Centre (BEC), 

c/o GE India Technology Centre 

Private Ltd. (GEITC), 122, EPIP, Phase 

II, Hoodi Village, Whitefield Road, 

Bangalore, Karnataka 560066 India, 

1C002.a.1, 1C002.a.2, 1C002.b.1.a, 

1C002.b.1.b, 1E001, 9E003.a.1, 

9E003.a.2, 9E003.a.4, 9E003.a.5, 

9E003.a.6, 9E003.a.8, and 9E003.c. 

GE Fanuc Systems PVT Ltd., 90/B 

Electronics City, Hosur Road, 

Bangalore 561229 India, 2A983, 

2D983. 

The VEUs listed in Supplement No. 7 

to Part 748 were reviewed and approved 

by the U.S. Government in accordance 

with the provisions of Section 748.15 

and Supplement Nos. 8 and 9 to Part 

748 of the EAR. 

Approving this new end-user as a 

VEU is expected to further facilitate 

exports to civil end-users in India. 

Approval of this company also 

represents a significant savings of time 

for suppliers and end-users. 

Authorization VEU will eliminate the 

burden on exporters and reexporters of 

preparing license applications and on 

BIS for processing such applications, as 

exports and reexports will be made 

under general authorization instead of 

under a license. These savings will 

enable exporters and reexporters to 

supply VEUs much more quickly, thus 

enhancing the competitiveness of U.S. 

exporters, as well as reexporters, and 

end-users in India. 

To ensure appropriate facilitation of 

exports and reexports, on-site reviews of 

the VEUs may be warranted pursuant to 

paragraph 748.15(a)(2) and Section 7(iv) 

of Supplement No. 8 to Part 748 of the 

EAR. If such reviews are warranted, BIS 

will inform the Government of India, as 

appropriate. 

Since August 21, 2001, the Export 

Administration Act has been in lapse 

and the President, through Executive 

Order 13222 of August 17, 2001 (3 CFR, 

2001 Comp., p. 783 (2002)), as extended 

most recently by the Notice of July 23, 

2008 (73 FR 43603, July 25, 2008), has 

continued the EAR in effect under the 

International Emergency Economic 

Powers Act. BIS continues to carry out 

the provisions of the Act, as appropriate 

and to the extent permitted by law, 

pursuant to Executive Order 13222. 

Rulemaking Requirements 

1. This final rule has been determined 

to be not significant for the purposes of 

Executive Order 12866. 

2. Notwithstanding any other 

provisions 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 rule 

involves collections previously 

approved by the OMB under control 

number 0694–0088, ‘‘Multi-Purpose 

Application,’’ which carries a burden 

hour estimate of 58 minutes to prepare 

and submit form BIS–748; and for 

recordkeeping, reporting and review 

requirements in connection with 

Authorization Validated End-User, 

which carries an estimated burden of 30 

minutes per submission. This rule is 

expected to result in a decrease in 

license applications submitted to BIS. 

Total burden hours associated with the 

Paperwork Reduction Act and Office of 

Management and Budget control 

number 0694–0088 are not expected to 

increase significantly as a result of this 

rule. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. The provisions of the 

Administrative Procedure Act 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 (5 U.S.C. 

553(a)(1)). Further, no other law 

requires that a notice of proposed 

rulemaking and an opportunity for 

public comment be given for this final 

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 to Sheila Quarterman, 

Regulatory Policy Division, Bureau of 

Industry and Security, U.S. Department 

of Commerce, 14th Street & 

Pennsylvania Avenue, NW., Room 2705, 

Washington, DC 20230 

List of Subjects in 15 CFR Part 748 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

■ Accordingly, part 748 of the Export 

Administrative Regulations (15 CFR 

parts 730–774) is amended as follows: 

PART 748—[AMENDED] 

■ 1. The authority citation for 15 CFR 

Part 748 continues to read as follows: 

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

U.S.C. 1701 et seq.; 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. Supplement No. 7 to Part 748 is 

amended by: 

■ a. Adding a new column ‘‘Country’’ 

before the column ‘‘Validated enduser’’; 

■ b. Adding ‘‘China (People’s Republic 

of)’’ in the ‘‘Country’’ column; and 

■ c. Adding an entry for ‘‘India’’. 

The additions read as follows: 

31622 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Rules and Regulations 

SUPPLEMENT NO. 7 TO PART 748—AUTHORIZATION VALIDATED END-USER (VEU); LIST OF VALIDATED END-USERS, 

RESPECTIVE ITEMS ELIGIBLE FOR EXPORT, REEXPORT AND TRANSFER AND ELIGIBLE DESTINATIONS

Country Validated enduser Eligible items (by ECCN) Eligible destination 

China (People’s Republic 

of).

* * * * * .............. * * * * * ................................................... * * * * * 

India ................................... GE India ........... ................................................................ AIFACS Bldg., 1 Rafi Marg, New Delhi 110 001 

India. 

For GEITC: 

1C002.a.1, 1C002.a.2, 

1C002b.1.a and 1C002.b.1.b 

1E001, 2E983, 

9E003.a.1, 9E003.a.4, 

9E003.a.5, 9E003.a.6, 

9E003.a.8, and 9E003.c 

GE India Technology Centre Private Ltd. (GEITC) 

122, EPIP, Phase II, Hoodi Village, Whitefield 

Road, Bangalore, Karnataka 560066 India. 

For BEC: 

1C002.a.1, 1C002.a.2, 

1C002.b.1.a, 1C002.b.1.b 

1E001 

9E003.a.1, 9E003.a.2, 

9E003.a.4, 9E003.a.5, 

9E003.a.6, 9E003.a.8, and 

9E003.c 

Bangalore Engineering Centre (BEC), c/o GE India 

Technology Centre Private Ltd. (GEITC), 122, 

EPIP, Phase II, Hoodi Village, Whitefield Road, 

Bangalore, Karnataka 560066 India. 

For GE Fanuc Systems PVT Ltd.: 

2A983 

2D983 

GE Fanuc Systems PVT Ltd., 90/B Electronics City, 

Hosur Road, Bangalore 561229 India. 

Dated: June 26, 2009. 

Matthew S. Borman, 

Acting Assistant Secretary for Export 

Administration. 

[FR Doc. E9–15649 Filed 7–1–09; 8:45 am] 

BILLING CODE 3510–33–P 

NATIONAL SCIENCE FOUNDATION 

45 CFR Part 612 

RIN 3145–AA52 

Freedom of Information Act 

AGENCY: National Science Foundation. 

ACTION: Final rule. 

SUMMARY: This document sets forth 

revisions of the Foundation’s 

regulations under the Freedom of 

Information Act (FOIA). The new FOIA 

provisions implement the Openness 

Promotes Effectiveness in our National 

Government Act of 2007, or the OPEN 

Government Act of 2007, Public Law 

110–175. 

DATES: The final rule will be effective 

August 3, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Leslie A. Jensen, Legal Analyst, Office of 

the General Counsel, National Science 

Foundation, telephone 703–292–8060 

and e-mail ljensen@nsf.gov. 

SUPPLEMENTARY INFORMATION: 

On April 13, 2009 the National 

Science Foundation (NSF) published a 

proposed rule at 74 CFR part 16815 

requesting public comment on proposed 

revisions to its existing FOIA 

regulations at 45 CFR part 612. No 

comments were received. Accordingly, 

NSF is revising its FOIA regulations by 

adopting the revisions as proposed. This 

revision of Part 612 implements the new 

provisions of the Openness Promotes 

Effectiveness in our National 

Government Act of 2007, or the OPEN 

Government Act of 2007, Public Law 

110–175. No changes to the Act’s nine 

exemptions were made. The 

amendments address a range of 

procedural issues impacting FOIA 

administration, including the 

codification of several provisions of 

Executive Order 13392, Improving 

Agency Disclosure of Information. 

Clarifications or minor procedural 

changes are found at § 612.3(a), (b), (f) 

and (g) (Requirements for making 

requests), § 612.4(a) (Responding to 

requests), § 612.5 (c)(1) and (2) (Timing 

of Response to Requests), § 612.6 (a), (b), 

(c)(1) (Processing requests) and 

§ 612.10(c)(iii) (Fees). 

For purposes of the Regulatory 

Flexibility Act (5 U.S.C. 601), the rule 

will not have a significant economic 

effect on a substantial number of small 

entities; the rule addresses the 

procedures to be followed when 

submitting or responding to requests for 

information under the Freedom of 

Information Act. For purposes of the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4) the rule would not 

significantly or uniquely affect small 

governments and would not result in 

increased expenditures by State, local, 

and tribal governments, or by the 

private sector, of $100 million or more. 

For purposes of Executive Order 12866, 

the rule is not a significant regulatory 

action requiring review by the Office of 

Management and Budget. For the 

purposes of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 35) it has been 

determined that this rulemaking does 

not impose any reporting or 

recordkeeping requirement on the 

public. 

List of Subjects in 45 CFR Part 612 

Administrative practice and 

procedure: Freedom of information. 

■ For the reasons stated in the preamble, 

the National Science Foundation 

amends 45 CFR Chapter VI by revising 

Part 612 as follows: 

PART 612—AVAILABILITY OF 

RECORDS AND INFORMATION 

Sec. 

612.1 General provisions. 

612.2 Public reading room. 

612.3 Requirements for making requests. 

612.4 Responding to requests. 

612.5 Timing of responses to requests. 

612.6 Processing requests. 

612.7 Exemptions. 

612.8 Business information. 

612.9 Appeals. 

612.10 Fees. 

612.11 Other rights and services. 

Authority: 5 U.S.C. 552, as amended. 

§ 612.1 General provisions. 

This part contains the rules that the 

National Science Foundation follows in 

processing requests for records under 

the Freedom of Information Act (FOIA),