Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Proposed Rules 10291 

occurs later: Perform detailed and eddy 

current inspections to detect cracking and/or 

corrosion of the fail-safe straps between the 

side fitting of the rear spar bulkhead at BS 

955 and the skin, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 767–53A0100, Revision 2, 

dated January 15, 2010. If no crack or 

corrosion is found, repeat the inspections 

thereafter at intervals not to exceed 6,000 

flight cycles or 36 months, whichever occurs 

first. Accomplishing the actions required by 

this paragraph ends the requirements of 

paragraphs (g) and (g)(1) of this AD. 

Repetitive Ultrasonic Inspections 

(j) Prior to the accumulation of 15,000 total 

flight cycles, or within 3,000 flight cycles 

after the effective date of this AD, whichever 

occurs later: Do an ultrasonic inspection of 

the fail-safe strap for cracking, and all 

applicable related investigative actions, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

767–53A0100, Revision 2, dated January 15, 

2010. Do all applicable related investigative 

actions before further flight. If no crack is 

found, repeat the inspection thereafter at 

intervals not to exceed 6,000 flight cycles or 

36 months, whichever occurs first. 

Corrective Actions 

(k) If any corrosion is found during any 

inspection required by paragraph (i) of this 

AD: Before further flight, repair the 

corrosion, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 767–53A0100, Revision 2, 

dated January 15, 2010. 

(l) If any crack is found during any 

inspection required by paragraph (i) or (j) of 

this AD: Before further flight, repair in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

767–53A0100, Revision 2, dated January 15, 

2010; except where the service bulletin 

specifies to contact Boeing for appropriate 

action, before further flight, repair using a 

method approved in accordance with the 

procedures specified in paragraph (o) of this 

AD. Accomplishing the fail-safe strap trim 

repair in accordance with Boeing Alert 

Service Bulletin 767–53A0100, Revision 2, 

dated January 15, 2010, ends the repetitive 

inspections required by paragraphs (i) and (j) 

of this AD only on the side of the airplane 

where the repair was done. Replacing the 

fail-safe strap with a replacement strap that 

has the revised edge configuration in 

accordance with Boeing Alert Service 

Bulletin 767–53A0100, Revision 2, dated 

January 15, 2010, ends the repetitive 

inspections required by paragraphs (i) and (j) 

of this AD only on the side of the airplane 

where the replacement was done. 

Post-Replacement Inspections 

(m) For any replacement strap that does 

not have a revised edge configuration, as 

specified in Boeing Alert Service Bulletin 

767–53A0100, Revision 2, dated January 15, 

2010: Within 12,000 flight cycles after doing 

the replacement, accomplish the inspections 

required by paragraphs (i) and (j) of this AD. 

Repeat the inspections thereafter at intervals 

not to exceed 6,000 flight cycles or 36 

months, whichever occurs first. Replacing 

the fail-safe strap with a replacement strap 

that has the revised edge configuration in 

accordance with Boeing Alert Service 

Bulletin 767–53A0100, Revision 2, dated 

January 15, 2010, ends the repetitive 

inspections required by paragraphs (i) and (j) 

of this AD only on the side of the airplane 

where the replacement was done. 

Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

(n) Actions accomplished before the 

effective date of this AD in accordance with 

Boeing Alert Service Bulletin 767–53A0100, 

Revision 1, dated August 11, 2006, are 

considered acceptable for compliance with 

the corresponding actions specified in this 

AD. 

Alternative Methods of Compliance 

(AMOCs) 

(o)(1) The Manager, Seattle ACO, FAA, has 

the authority to approve AMOCs for this AD, 

if requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

Information may be e-mailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane and 14 

CFR 25.571, Amendment 45, and the 

approval must specifically refer to this AD. 

(4) AMOCs approved for AD 2004–19–06 

and AD 2004–19–06 R1 are approved as 

AMOCs for paragraphs (g) and (h) of this AD, 

as applicable. 

Related Information 

(p) For more information about this AD, 

contact Berhane Alazar, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

ACO, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; phone: (425) 917– 

6577; fax: (425) 917–6590; e-mail: 

berhane.alazar@faa.gov. 

(q) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; phone: 

206–544–5000, extension 1; fax: 206–766– 

5680; e-mail: me.boecom@boeing.com; 

Internet https://www.myboeingfleet.com. You 

may review copies of the referenced service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

Issued in Renton, Washington, on February 

15, 2011. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–4200 Filed 2–23–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF STATE 

22 CFR Parts 120, 122, 123 and 129 

[Public Notice 7338] 

RIN 1400–AC74 

Amendment to the International Traffic 

in Arms Regulations: Electronic 

Payment of Registration Fees; 60-Day 

Notice of the Proposed Statement of 

Registration Information Collection 

AGENCY: Department of State. 

ACTION: Proposed rule and information 

collection; request for comments. 

SUMMARY: The Department of State is 

proposing to amend the International 

Traffic in Arms Regulations (ITAR) to 

change the method of payment to 

electronic submission of registration 

fees. Definitions for ‘‘Foreign 

Ownership’’ and ‘‘Foreign Control’’ are to 

be added. Pursuant to the Paperwork 

Reduction Act, public comment is 

requested on the Statement of 

Registration, the form used for the 

submission of the registration fee. 

DATES: The Department of State will 

accept comments on this proposed rule 

until April 25, 2011. 

ADDRESSES: Interested parties may 

submit comments within 60 days of the 

date of the publication by any of the 

following methods (for those seeking to 

submit comments regarding the 

information collection aspect of the 

Statement of Registration, contact 

information is supplied below): 

• E-mail: 

DDTCResponseTeam@state.gov with the 

subject line, ‘‘Electronic Payment of 

Registration Fees.’’ 

• Mail: PM/DDTC, SA–1, 13th Floor, 

Directorate of Defense Trade Controls, 

Office of Defense Trade Controls 

Compliance, Attn: Electronic Payment 

of Registration Fees, Bureau of Political 

Military Affairs, U.S. Department of 

State, Washington, DC 20522–0112. 

• Persons with access to the Internet 

may also view and comment on this 

notice by searching for its RIN on the 

U.S. Government regulations Web site at 

http://regulations.gov/index.cfm. 

FOR FURTHER INFORMATION CONTACT: Lisa 

V. Studtmann, Director, Office of 

Defense Trade Controls Compliance, 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
10292 Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Proposed Rules 

Directorate of Defense Trade Controls, 

Department of State, 2401 E Street, NW., 

SA–1, Room H1200, Washington, DC 

200522–0112; Telephone 202–663–2477 

or Fax 202–261–8198; or e-mail through 

DDTCResponseTeam@state.gov, with 

the subject line, ‘‘Electronic Payment of 

Registration Fees.’’ 

SUPPLEMENTARY INFORMATION: The 

Directorate of Defense Trade Controls 

(DDTC) is responsible for the collection 

of registration fees from persons in the 

business of manufacturing, exporting, 

and/or brokering defense articles or 

defense services. 

To date, registration fees have been 

received by check or money order and 

processed manually. The collection of 

electronic payments will simplify the 

collection and verification of payments, 

eliminate the need to manually process 

and collect returned payments, and 

eliminate the possibility of lost 

payments. 

Section 122.2(a) is to be revised to 

provide for electronic payment as the 

sole means of registration fee 

submission. The form used for obtaining 

registration, the DS–2032 (Statement of 

Registration), has been revised to reflect 

that fee payments are to be made 

electronically. Additionally, the 

certifications previously required 

through the transmittal letter referenced 

in § 122.2(b) of the ITAR have been 

incorporated into the revised DS–2032. 

Consequently, § 122.2(b) no longer will 

address a separate transmittal letter, but 

will address certain certifications to be 

made on the Statement of Registration 

that used to be provided via the 

transmittal letter. The new § 122.2(b) 

title will be ‘‘Statement of Registration 

Certification.’’ Definitions for 

‘‘ownership’’ and ‘‘control’’ have been 

removed from part 122 by the removal 

of § 122.2(c). Definitions for ‘‘Foreign 

Ownership’’ and ‘‘Foreign Control’’ are to 

constitute the new § 120.37. 

Section 122.3(a) is to be revised to 

remove reference to the transmittal 

letter. 

The proposed revision to § 129.4(a) is 

in line with the proposed change in part 

122 regarding the provision of electronic 

payment of registration fees. References 

to the transmittal letter are to be 

removed from §§ 129.4(a) and (b). 

Title and number of the registration 

form is to be corrected in § 120.28(a)(2), 

and § 123.16(b)(9) is to be revised to 

correct a reference to § 122.2(c) and 

replace it with a reference to proposed 

§ 120.37. 

Regulatory Analysis and Notices 

Administrative Procedure Act 

This proposed amendment involves a 

foreign affairs function of the United 

States and, therefore, is not subject to 

the procedures contained in 5 U.S.C. 

553 and 554. Nevertheless, it is being 

published as a Notice of Proposed Rule 

Making, with a 60-day public comment 

period. 

Regulatory Flexibility Act 

Since this proposed amendment is not 

subject to the notice-and-comment 

procedures of 5 U.S.C. 553, it does not 

require analysis under the Regulatory 

Flexibility Act. 

Unfunded Mandates Reform Act of 1995 

This proposed amendment does not 

involve a mandate that will result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Executive Order 13175 

The Department has determined that 

this proposed rulemaking will not have 

tribal implications, will not impose 

substantial direct compliance costs on 

Indian tribal governments, and will not 

pre-empt tribal law. Accordingly, the 

requirements of Section 5 of Executive 

Order 13175 do not apply to his 

proposed rulemaking. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This proposed amendment has been 

found not to be a major rule within the 

meaning of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. 

Executive Orders 12372 and 13132 

This proposed amendment will not 

have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this proposed 

amendment does not have sufficient 

federalism implications to require 

consultations or warrant the preparation 

of a federalism summary impact 

statement. The regulations 

implementing Executive Order 12372 

regarding intergovernmental 

consultation on Federal programs and 

activities do not apply to this 

amendment. 

Executive Order 12866 

The proposed amendment is exempt 

from review under Executive Order 

12866, but has been reviewed internally 

by the Department of State to ensure 

consistency with the purposes thereof. 

Executive Order 12988 

The Department of State has reviewed 

the proposed amendment in light of 

sections 3(a) and 3(b)(2) of Executive 

Order 12988 to eliminate ambiguity, 

minimize litigation, establish clear legal 

standards, and reduce burden. 

Paperwork Reduction Act 

The Paperwork Reduction Act 

requires all Federal agencies to analyze 

proposed regulations for potential time 

burdens on the regulated community 

created by provisions in the proposed 

regulations, which require the 

submission of information. The 

information collection requirements 

must be submitted to the Office of 

Management and Budget (OMB) for 

approval. Persons are not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number or is exempt from the 

PRA. 

As part of its continuing effort to 

reduce paperwork and respondent 

burden, the Department of State 

proposes to change the reporting 

requirement on the DS–2032, Statement 

of Registration. This notice serves to 

inform the general public and Federal 

agencies of the opportunity to comment 

on this information collection in 

accordance with the Paperwork 

Reduction Act of 1995 (PRA) (44 U.S.C. 

3501 et seq.). This helps to ensure that 

the public understands the 

Department’s collection instructions, 

respondents provide the requested data 

in the desired format, reporting burden 

(time and financial resources) is 

minimized, collection instruments are 

clearly understood, and the Department 

can properly assess the impact of 

collection requirements on respondents. 

The information collection (IC) 

requirements for the current Statement 

of Registration are approved under OMB 

control number 1405–0002. 

Abstract of Proposed Collection 

The export, temporary import, 

temporary export and brokering of 

defense articles, defense services, and 

related technical data are licensed by 

the Directorate of Defense Trade 

Controls (DDTC) in accordance with the 

International Traffic in Arms 

Regulations (‘‘ITAR,’’ 22 CFR parts 120– 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Proposed Rules 10293 

130) and Section 38 of the Arms Export 

Control Act (AECA). Those who 

manufacture or export defense articles, 

furnish defense services, or engage in 

brokering activities, must register with 

the Department of State. We are 

soliciting public comments to permit 

the Department to: 

• Evaluate whether the proposed 

information collection is necessary for 

the proper performance of our 

functions. 

• Evaluate the accuracy of our 

estimate of the burden of the proposed 

collection, including the validity of the 

methodology and assumptions used. 

• Enhance the quality, utility, and 

clarity of the information to be 

collected. 

• Minimize the reporting burden on 

those who are to respond, including the 

use of automated collection techniques 

or other forms of technology. 

Methodology 

Currently, the ITAR, § 122.2(b), 

requires the respondent to provide 

separate correspondence (via a 

‘‘transmittal letter,’’ to accompany the 

DS–2032, Statement of Registration, 

submission) certifying criminal history, 

eligibility, and foreign ownership. 

Often, this mandate was overlooked by 

the respondent, resulting in the return 

without action of the incomplete 

application. The revised DS–2032 

incorporates these certifications within 

the form, only requiring the user to 

select the appropriate response with a 

single click and providing the option to 

provide a response within the form. 

The Department proposes to change 

other reporting requirements on the DS– 

2032. The DS–2032 was modified to 

include additional data fields necessary 

to match electronic payment to the DS– 

2032. Whereas payments will be 

received electronically, respondents 

will continue submitting the DS–2032 

in paper format. New data elements 

specific to electronic payment were not 

previously required on the DS–2032 

because such information is visible on 

U.S. and foreign bank drafts. 

Additionally, data elements were 

added to ensure clarification during 

analysis as well as standardization of 

responses. Specifically, necessary 

information is listed in the form, only 

requiring the respondent to make a 

selection by simply clicking the 

applicable checkbox. Country and state 

information is now listed via a pick list 

requiring a selection rather than manual 

insertion of information. This 

enhancement eliminates typographical 

errors and the misinterpretation of 

information requested which often 

results in the submission of incorrect 

information. 

With these proposed changes, the 

estimated burden time for completion 

will be reduced from two (2) hours to 

one (1) hour. 

This proposed change does not 

impose any new recordkeeping 

requirements. 

Summary of Proposed Collection: The 

Department of State is seeking Office of 

Management and Budget (OMB) 

approval for the information collection 

described below. The purpose of this 

notice is to allow 60 days for public 

comment in the Federal Register. We 

are conducting this process in 

accordance with the Paperwork 

Reduction Act of 1995. 

• Title of Information Collection: DS– 

2032 Statement of Registration. 

• OMB Control Number: 1405–0002. 

• Type of Request: Approved of 

Information Collection. 

• Originating Office: Bureau of 

Political-Military Affairs, Directorate of 

Defense Trade Controls, PM/DDTC. 

• Form Number: DS–2032. 

• Respondents: Business and 

Nonprofit Organizations. 

• Estimated Number of Respondents: 

10,435. 

• Estimated Number of Responses: 

9,600. 

• Average Hours Per Response: 1 

hours. 

• Total Estimated Burden: 9,600 

hours. 

• Frequency: Annually and On 

Occasion. 

• Obligation to Respond: Mandatory. 

Comments from the public on the 

information collection may be 

submitted to OMB up to 60 days after 

February 24, 2011. 

Comments should be sent to the 

Department of State Desk Officer in the 

Office of Management and Budget 

(OMB) at the Office of Information and 

Regulatory Affairs. Comments may be 

submitted to OMB by the following 

methods: 

• E-mail: 

oira_submission@omb.eop.gov. You 

must include the DS form number, 

information collection title, and OMB 

control number in the subject line of 

your message. 

• Fax: 202–395–5806. Attention: Desk 

Officer for Department of State. 

OMB requests that comments be 

received within 60 days of publication 

of the Proposed Rule to ensure their 

consideration. Please note that 

comments submitted to OMB are a 

matter of public record. You must 

include the DS form number (if 

applicable), information collection title, 

and OMB control number in any 

correspondence. 

Direct requests for additional 

information regarding the collection 

listed in this notice, including requests 

for copies of the proposed information 

collection and supporting documents, to 

Tanya Phillips, Bureau of Political 

Military Affairs, U.S. Department of 

State, SA–1, 12th Floor, Washington, DC 

20522, who may be reached on (202) 

663–2825 or phillipsta@state.gov. 

List of Subjects in 22 CFR Part 120, 122, 

123 and 129 

Arms and munitions, Registration, 

Exports, Brokering. 

Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, parts 120, 122, 123, and 129 are 

proposed to be amended as follows: 

PART 120—PURPOSE AND 

DEFINITIONS 

1. The authority citation for part 120 

continues to read as follows: 

Authority: Secs. 2, 38, and 71, Pub. L. 90– 

629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2797); 22 U.S.C. 2794; E.O. 11958, 42 FR 

4311; E.O. 13284, 68 FR 4075; 3 CFR, 1977 

Comp. p. 79; 22 U.S.C. 2651a; Pub. L. 105– 

261, 112 Stat. 1920. 

2. Section 120.28(a)(2) is revised to 

read as follows: 

§ 120.28 Listing of forms referred to in this 

subchapter. 

* * * * * 

(a) * * * 

(2) Statement of Registration (Form 

DS–2032). 

* * * * * 

3. Sections 120.33 through § 120.36 

are added and reserved, and a new 

§ 120.37 is added to read as follows: 

§ 120.33 [Reserved] 

§ 120.34 [Reserved] 

§ 120.35 [Reserved] 

§ 120.36 [Reserved] 

§ 120.37 Foreign ownership and foreign 

control. 

Foreign ownership means more than 

50 percent of the outstanding voting 

securities of the firm are owned by one 

or more foreign persons (as defined in 

§ 120.16). Foreign control means one or 

more foreign persons have the authority 

or ability to establish or direct the 

general policies or day-to-day 

operations of the firm. Foreign control is 

presumed to exist where foreign persons 

own 25 percent or more of the 

outstanding voting securities unless one 

U.S. person controls an equal or larger 

percentage. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
10294 Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Proposed Rules 

PART 122—REGISTRATION OF 

MANUFACTURERS AND EXPORTERS 

4. The authority citation for part 122 

continues to read as follows: 

Authority: Secs. 2 and 38, Public Law 90– 

629, 90 Stat. 744 (22 U.S.C. 2752, 2778); E.O. 

11958, 42 FR 4311; 1977 Comp. p. 79, 22 

U.S.C. 2651a. 

5. Section 122.2 is revised to read as 

follows: 

§ 122.2 Submission of registration 

statement. 

(a) General. An intended registrant 

must submit a Department of State Form 

DS–2032 (Statement of Registration) to 

the Office of Defense Trade Controls 

Compliance by registered or overnight 

mail delivery, and must submit an 

electronic payment via Automated 

Clearing House (ACH) payable to the 

Department of State of one of the fees 

prescribed in § 122.3(a) of this 

subchapter. Automated Clearing House 

is an electronic network used to process 

financial transactions in the United 

States. Intended registrants should 

access DDTC’s Web site at http:// 

www.pmddtc.state.gov for detailed 

guidelines on submitting an ACH 

electronic payment. Electronic 

payments must be in U.S. currency and 

must be payable through a U.S. financial 

institution. Cash, checks, foreign 

currency or money orders will not be 

accepted. In addition, the Statement of 

Registration must be signed by a senior 

officer (e.g., Chief Executive Officer, 

President, Secretary, Partner, Member, 

Treasurer, General Counsel) who has 

been empowered by the intended 

registrant to sign such documents. The 

intended registrant also shall submit 

documentation that demonstrates that it 

is incorporated or otherwise authorized 

to do business in the United States. The 

Directorate of Defense Trade Controls 

will notify the registrant if the 

Statement of Registration is incomplete 

either by notifying the registrant of what 

information is required or through the 

return of the entire registration package. 

Registrants may not establish new 

entities for the purpose of reducing 

registration fees. 

(b) Statement of Registration 

Certification. The Statement of 

Registration of the intended registrant 

shall include a certification by an 

authorized senior officer of the 

following: 

(1) Whether the intended registrant, 

chief executive officer, president, vice 

presidents, other senior officers or 

officials (e.g., Comptroller, Treasurer, 

General Counsel) or any member of the 

board of directors: 

(i) Has ever been indicted for or 

convicted of violating any of the U.S. 

criminal statutes enumerated in § 120.27 

of this subchapter; or 

(ii) Is ineligible to contract with, or to 

receive a license or other approval to 

import defense articles or defense 

services from, or to receive an export 

license or other approval from, any 

agency of the U.S. Government. 

(2) Whether the intended registrant is 

foreign owned or foreign controlled (see 

§ 120.37). If the intended registrant is 

foreign owned or foreign controlled, the 

certification shall also include whether 

the intended registrant is incorporated 

or otherwise authorized to engage in 

business in the United States. 

6. Section 122.3 is amended by 

revising paragraph (a) introductory text 

to read as follows: 

§ 122.3 Registration fees. 

(a) A person who is required to 

register must do so on an annual basis 

upon submission of a completed Form 

DS–2032 and payment of a fee as 

follows: 

* * * * * 

PART 123—LICENSES FOR THE 

EXPORT OF DEFENSE ARTICLES 

7. The authority citation for part 123 

continues to read as follows: 

Authority: Secs. 2, 38, and 71, Pub. L. 90– 

629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2797); 22 U.S.C. 2753; E.O. 11958, 42 FR 

4311; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. 

2651a; 22 U.S.C. 2776; Pub. L. 105–261, 112 

Stat. 1920; Sec. 1205(a), Pub. L. 107–228. 

8. Section 123.16 is amended by 

revising paragraph (b)(9) introductory 

text to read as follows: 

§ 123.16 Exemptions of general 

applicability. 

* * * * * 

(b) * * * 

(9) Port Directors of U.S. Customs and 

Border Protection shall permit the 

temporary export without a license by a 

U.S. person of any unclassified 

component, part, tool or test equipment 

to a subsidiary, affiliate or facility 

owned or controlled by the U.S. person 

(see § 120.37 of this subchapter for 

definition of foreign ownership and 

foreign control) if the component, part, 

tool or test equipment is to be used for 

manufacture, assembly, testing, 

production, or modification provided: 

* * * * * 

PART 129—REGISTRATION AND 

LICENSING OF BROKERS 

9. The authority citation for part 129 

continues to read as follows: 

Authority: Sec. 38, Pub. L. 104–164, 110 

Stat. 1437 (22 U.S.C. 2778). 

10. Section 129.4 is amended by 

revising paragraphs (a) and (b) to read 

as follows: 

§ 129.4 Registration statement and fees. 

(a) General. An intended registrant 

must submit to the Department of State 

Form DS–2032 (Statement of 

Registration) by registered or overnight 

mail delivery to the Office of Defense 

Trade Controls Compliance, and must 

submit an electronic payment via 

Automated Clearing House (ACH) or 

Society for Worldwide Interbank 

Financial Telecommunications 

(SWIFT), payable to the Department of 

State of the fees prescribed in § 122.3(a) 

of this subchapter. Automated Clearing 

House (ACH) is an electronic network 

used to process financial transactions 

originating from within the United 

States and SWIFT is the messaging 

service used by financial institutions 

worldwide to issue international 

transfers for foreign accounts. Payment 

methods (i.e., ACH and SWIFT) are 

dependent on the source of the funds 

(U.S. or foreign bank) drawn from the 

applicant’s account. The originating 

account must be the registrant’s account 

and not a third party’s. Intended 

registrants should access DDTC’s Web 

site at http://www.pmddtc.state.gov for 

detailed guidelines on submitting ACH 

and SWIFT electronic payments. 

Payments, including from foreign 

brokers, must be in U.S. currency, 

payable through a U.S. financial 

institution. Cash, checks, foreign 

currency or money orders will not be 

accepted. The Statement of Registration 

must be signed by a senior officer (e.g., 

Chief Executive Officer, President, 

Secretary, Partner, Member, Treasurer, 

General Counsel) who has been 

empowered by the intended registrant to 

sign such documents. The intended 

registrant, whether a U.S. or foreign 

person, shall submit documentation that 

demonstrates it is incorporated or 

otherwise authorized to do business in 

its respective country. Foreign persons 

who are required to register shall 

provide information that is substantially 

similar in content to that which a U.S. 

person would provide under this 

provision (e.g., foreign business license 

or similar authorization to do business). 

The Directorate of Defense Trade 

Controls will notify the registrant if the 

Statement of Registration is incomplete 

either by notifying the registrant of what 

information is required or through the 

return of the entire registration package. 

Registrants may not establish new 

entities for the purpose of reducing 

registration fees. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Proposed Rules 10295 

(b) A person registering as a broker 

who is already registered as a 

manufacturer or exporter in accordance 

with part 122 of this subchapter must 

cite their existing manufacturer or 

exporter registration, and must pay an 

additional fee according to the schedule 

prescribed in § 122.3(a) for registration 

as a broker. 

* * * * * 

Dated: January 20, 2011. 

Ellen O. Tauscher, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2011–3878 Filed 2–23–11; 8:45 am] 

BILLING CODE 4710–25–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0252; FRL–9269–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Revisions To Control Volatile Organic 

Compound Emissions From Consumer 

Related Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

approve revisions to the Texas State 

Implementation Plan (SIP) that amend 

Title 30 of the Texas Administrative 

Code (TAC), Chapter 115, Control of Air 

Pollution from Volatile Organic 

Compounds. The State submitted these 

revisions on March 4, 2010. These 

revisions remove the Texas Portable 

Fuel Container rule as an ozone control 

strategy from the Texas SIP for the 

Control of Ozone Air Pollution. In the 

submittal, Texas demonstrates that 

federal portable fuel container standards 

promulgated by EPA in 2007 are 

expected to provide equal to or greater 

emissions reductions than those 

resulting from the state regulations. The 

EPA is proposing to approve this SIP 

revision because it is expected that 

reliance on the more stringent federal 

portable fuel container standards will 

ensure that emission reductions 

equivalent to or greater than those in the 

repealed Texas portable fuel container 

regulations will continue to be achieved 

in the State of Texas. Accordingly, it is 

expected that this SIP revision will not 

have a negative impact neither on the 

emission reductions claimed in the 

Texas SIP, nor in Texas’ attainment of 

the NAAQS for ozone. This SIP revision 

eliminates the redundancy that has been 

created with the adoption by EPA of the 

federal portable fuel container 

regulations in 2007. The EPA is 

proposing to approve these revisions 

pursuant to section 110 of the Federal 

Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before March 28, 2011. 

ADDRESSES: Comments may be mailed to 

Mr. Guy Donaldson, Chief, Air Planning 

Section (6PD–L), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

Comments may also be submitted 

electronically or through hand delivery/ 

courier by following the detailed 

instructions in the ADDRESSES section of 

the direct final rule located in the rules 

section of this Federal Register. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Dayana Medina, Air Planning Section 

(6PD–L), Multimedia Planning and 

Permitting Division, U.S. Environmental 

Protection Agency, Region 6, 1445 Ross 

Avenue, Suite 700, Dallas, Texas 75202– 

2733, telephone (214) 665–7241; fax 

number 214–665–7263; e-mail address 

medina.dayana@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no relevant adverse comments 

are received in response to this action, 

no further activity is contemplated. If 

EPA receives adverse comments, the 

direct final rule will be withdrawn and 

all public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

For additional information, see the 

direct final rule, which is located in the 

rules section of this Federal Register. 

Dated: February 9, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

[FR Doc. 2011–3994 Filed 2–23–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 90 

[PS Docket No. 06–229; WT Docket 06–150; 

WP Docket 07–100; FCC 11–6] 

Implementing a Nationwide, 

Broadband, Interoperable Public 

Safety Network in the 700 MHz Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: In this document, the 

Commission seeks comments on the 

development of a technical 

interoperability framework for the 

nationwide public safety broadband 

network. This document considers and 

proposes additional requirements to 

further promote and enable nationwide 

interoperability among public safety 

broadband networks operating in the 

700 MHz band. This document 

addresses public safety broadband 

network interoperability from a 

technological perspective and considers 

interoperability at various 

communication layers. 

DATES: Submit comments on or before 

April 11, 2011. Submit reply comments 

on or before May 10, 2011. 

ADDRESSES: You may submit comments, 

identified by PS Docket No. 06–229, WT 

Docket 06–150 and WP Docket 07–100, 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Agency Web Site: http:// 

www.fcc.gov. Follow the instructions for 

submitting comments in the Electronic 

Comment Filing System, http:// 

www.fcc.gov/cgb/ecfs/. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail): Address to 9300 East 

Hampton Drive, Capitol Heights, MD 

20743. 

• U.S. Postal Service first-class, 

Express, and Priority mail: Address to 

FCC Headquarters, 445 12th Street, SW., 

Washington DC 20554. 

• Hand Delivery/Courier: FCC 

Headquarters at 445 12th St., SW., Room 

TW–A325, Washington, DC 20554. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Manner, Federal 

Communications Commission, Public 

Safety and Homeland Security Bureau, 

at (202)–418–3619. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS