13928 Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Proposed Rules 

For the reasons discussed above, I 

certify this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979), and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance in the AD Docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

The Boeing Company: Docket No. FAA– 

2011–0221; Directorate Identifier 2010– 

NM–120–AD. 

Comments Due Date 

(a) We must receive comments by April 29, 

2011. 

Affected ADs 

(b) This AD affects certain requirements of 

AD 2008–25–05, Amendment 39–15763. 

Applicability 

(c) This AD applies to all The Boeing 

Company Model DC–8–11, DC–8–12, DC–8– 

21, DC–8–31, DC–8–32, DC–8–33, DC–8–41, 

DC–8–42, DC–8–43, DC–8–51, DC–8–52, DC– 

8–53, DC–8–55, DC–8F–54, DC–8F–55, DC– 

8–61, DC–8–62, DC–8–63, DC–8–61F, DC–8– 

62F, DC–8–63F, DC–8–71, DC–8–72, DC–8– 

73, DC–8–71F, DC–8–72F, and DC–8–73F 

airplanes, certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Unsafe Condition 

(e) This AD results from reports that cracks 

in the center spar lower cap and, in some 

cases, the web of the spar, have been found 

at stations Xrs=168.00, Xrs=251.00, and 

Xrs=358.00. The Federal Aviation 

Administration is issuing this AD to detect 

and correct cracks in the area around certain 

fasteners of the access opening doubler on 

the left and right wing center spar lower cap, 

which could compromise the structural 

integrity of the wing structure. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Inspection 

(g) Before the accumulation of 20,000 total 

flight cycles, or within 3,000 flight cycles 

after the effective date of this AD, whichever 

occurs later, do a high frequency eddy 

current (HFEC) or low frequency eddy 

current (LFEC) inspection for cracks on the 

area around certain fasteners of the access 

opening doubler on the left and right wing 

center spar lower cap, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin DC8–57A103, dated May 5, 

2010. If no crack is found, repeat the 

inspection thereafter at the applicable 

interval specified in paragraph 1.E., 

‘‘Compliance’’ of Boeing Alert Service 

Bulletin DC8–57A103, dated May 5, 2010. 

Repair 

(h) If any crack is found during any 

inspection required by paragraph (g) of this 

AD, do paragraphs (h)(1), (h)(2), and (h)(3) of 

this AD. 

(1) Before further flight, repair the crack in 

accordance with Boeing Alert Service 

Bulletin DC8–57A103, dated May 5, 2010. 

(2) Within 6,000 flight cycles after doing 

the most recent HFEC inspection, or within 

1,750 flight cycles after doing the most recent 

LFEC inspection; as applicable; do the 

inspection specified in paragraph (g) of this 

AD of the non-repaired area, and repeat the 

inspection of the non-repaired area thereafter 

at the applicable time in paragraph 1.E. 

‘‘Compliance,’’ of Boeing Alert Service 

Bulletin DC8–57A103, dated May 5, 2010. 

(3) Within the applicable times specified in 

paragraph 1.E. ‘‘Compliance,’’ of Boeing Alert 

Service Bulletin DC8–57A103, dated May 5, 

2010, do the inspections of the repaired area, 

using the inspection defined in Method 101 

of Section 57–10–06, or Method 101 or 104 

of Section 57–10–16, of the McDonnell 

Douglas DC–8 Supplemental Inspection 

Document (SID), Report L26–011, Volume II, 

Revision 8, dated January 2005, as 

applicable. Repeat the inspection thereafter 

at the applicable intervals specified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert 

Service Bulletin DC8–57A103, dated May 5, 

2010. If any crack is found, before further 

flight, repair the crack using a method 

approved in accordance with the procedures 

specified in paragraph (j) of this AD. 

(i) The inspections required by paragraph 

(h)(3) of this AD constitute compliance with 

paragraph (j) of AD 2008–25–05, Amendment 

39–15763, for the repaired area. All 

requirements of AD 2008–25–05 that are not 

specifically referenced in this paragraph 

remain fully applicable and require 

compliance. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, Los Angeles Aircraft 

Certification Office (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. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. 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. The AMOC 

approval letter must specifically reference 

this AD. 

(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, Los Angeles 

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. 

Related Information 

(k) For more information about this AD, 

contact Dara Albouyeh, Aerospace Engineer, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles ACO, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; telephone 

(562) 627–5222; fax (562) 627–5210; e-mail: 

dara.albouyeh@faa.gov. 

Issued in Renton, Washington, on March 7, 

2011. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–5898 Filed 3–14–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF STATE 

22 CFR Parts 123 and 126 

[Public Notice 7258] 

RIN 1400–AC70 

Amendment to the International Traffic 

in Arms Regulations: Replacement 

Parts/Components and Incorporated 

Articles 

AGENCY: Department of State. 

ACTION: Proposed rule. 

SUMMARY: The Department of State is 

amending the International Traffic in 

Arms Regulations (ITAR) to update 

policies regarding replacement parts/ 

components and incorporated articles. 

DATES: The Department of State will 

accept comments on this proposed rule 

until April 14, 2011. 

ADDRESSES: Interested parties may 

submit comments within 30 days of the 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Proposed Rules 13929 

date of publication by any of the 

following methods: 

• E-mail: 

DDTCResponseTeam@state.gov with an 

appropriate subject line. 

• Mail: PM/DDTC, SA–1, 12th Floor, 

Directorate of Defense Trade Controls, 

Office of Defense Trade Controls Policy, 

Attn: Regulatory Changes—Replacement 

Parts/Components and Incorporated 

Articles, Bureau of Political Military 

Affairs, U.S. Department of State, 

Washington, DC 20522–0112. 

• Persons with access to the Internet 

may also view 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: 

Nicholas Memos, Office of Defense 

Trade Controls Policy, Department of 

State, by telephone: (202) 663–2804; fax: 

(202) 261–8199; or e-mail: 

memosni@state.gov. Attn: Regulatory 

Changes—Replacement Parts/ 

Components and Incorporated Articles. 

SUPPLEMENTARY INFORMATION: As a part 

of the President’s Export Control Reform 

effort, the Department of State proposes 

to amend Parts 123 and 126 of the ITAR 

to reflect new policies regarding 

coverage of replacement parts/ 

components and incorporated articles. 

The Department’s review of current 

ITAR treatment of replacement parts/ 

components led to the proposed change 

to streamline the flow of parts and 

components and to eliminate 

redundancy in licensing. The current 

rule regarding parts and components 

imposes burdensome requirements for 

additional licenses for licensed endusers and end-uses for systems and 

components already vetted in earlier 

licenses. The proposed rule adds a new 

section (§ 123.28) that facilitates the 

expeditious repair of U.S. supplied enditems abroad, enabling more timely 

response to coalition forces, as well as 

other allies and friends, by eliminating 

the requirement for a license for parts 

and components for systems approved 

in a previous license. This proposed 

exemption applies only to exporters 

specifically identified in a previously 

approved authorization to export the 

end-item in question. It would not apply 

to upgrades of capabilities of the 

original end-item. The type, amount, 

and frequency of parts and components 

could not exceed the type, amount, and 

frequency consistent with normal 

logistical repair/replacement operations. 

Nor can the value of the purchase order 

exceed an amount that would require 

Congressional notification. The exporter 

must have in its possession a copy of 

the purchase order from the foreign 

government end-user and cite in its 

Automated Export System (AES) filing 

the license number for the original 

export. The exporter must use the U.S. 

Postal Service, freight forwarders 

registered with the Directorate of 

Defense Trade Controls (DDTC) and 

eligible, or licensed customs brokers 

that are subject to background 

investigation and have passed a 

comprehensive examination 

administered by U.S. Customs and 

Border Protection. Finally, this 

exemption does not apply to exporters 

who are otherwise ineligible. 

The Department’s review of current 

ITAR treatment of incorporated articles 

led to the proposed change with a view 

to limit ITAR coverage to where 

diversion of the embedded defense 

article is a realistic and practical 

concern. To this end, the proposed new 

§ 126.19 sets out conditions under 

which a DDTC license is not required 

for the export or re-export of defense 

articles incorporated into an end-item 

that is ‘‘subject to the Export 

Administration Regulations (EAR).’’ 

Those conditions include where the 

end-item would be ‘‘rendered 

inoperable’’ by the removal of the 

defense article, where no technical data 

for development or production are 

transferred with the defense article, and 

where the incorporation of the defense 

article does not provide (or is not 

related to) a military application. 

Additionally, no license is required for 

the export or re-export of a defense 

article when that article would be 

rendered inoperable by removal from 

the end-item. A license would be 

required for the export of defense 

articles that are spare or replacement 

parts when they are embedded into a 

larger assembly such that they can be 

removed without destroying the defense 

articles. The proposed new § 126.19 

would not go into effect until the 

Department of Commerce amends its 

regulations such that the ITAR and CCL 

provide complimentary coverage of the 

articles in question. 

The proposed rules were presented to 

the Defense Trade Advisory Group 

(DTAG), a Department of State advisory 

committee, for purposes of comment 

and evaluation. The DTAG commented 

favorably on most aspects of the 

proposed rules, but also recommended 

certain changes. Having thoroughly 

reviewed and evaluated the comments 

and the recommended changes, the 

Department has determined that it will 

proceed with the proposed rules per the 

Department’s evaluation of the written 

comments and recommendations, as 

noted in the following paragraphs: 

The DTAG commented favorably on 

the addition of a new § 123.28 

(replacement parts/components), with 

some recommended edits. We note that 

in the interim we changed the title of 

the section by removing the word 

‘‘special’’ before exemption, removing 

the word ‘‘spare’’ before ‘‘parts/ 

components’’ and replacing it with the 

word ‘‘replacement,’’ to make clear that 

this exemption applies to the 

replacement of components for systems 

already authorized for export. The 

DTAG recommended elimination of the 

limitation that the exporter must be the 

manufacturer of the end-item. We 

concurred with the change and 

eliminated that condition. 

The DTAG also recommended 

expanding the wording that defines who 

is qualified to use the exemption from 

‘‘original exporter of the end-item’’ to 

‘‘applicant of a previously approved 

authorization.’’ We concurred with that 

change with minor edits. 

The DTAG further suggested 

modifying the limitation regarding 

upgrades in capabilities to ensure that it 

does not preclude ‘‘replacement parts or 

components that would result in 

enhancements or improvements only in 

the reliability or maintainability * * *’’ 

We concurred with that change in the 

form of a note. 

The DTAG suggested adding a 

requirement that the exporter use the 

U.S. Postal Service, registered freight 

forwarders, and licensed brokers. We 

concurred with that change. 

The DTAG recommended expanding 

the exemption to apply to a ‘‘second 

exporter’’ if they met the conditions of 

(a) and (b). We did not accept that 

change as the unclear terminology could 

potentially open up the exemption for 

unlimited sources. We are willing to 

explore the possibility of expansion of 

the exemption to include major 

subcontractor component suppliers, but 

the proposed ‘‘second exporter’’ 

language is too broad. 

The DTAG recommended adding a 

condition that the foreign government 

end-user is not subject to restrictions 

under § 126.1. We concurred with that 

change. 

The DTAG commented favorably on 

the addition of a new § 126.19 

(incorporated articles), with some 

recommended edits. The DTAG 

recommended changing the proposed 

rule to cover defense articles embedded 

into ‘‘a higher level assembly that is not 

an end item. * * *’’ We did not accept 

that recommendation. The 

recommendation would remove the 

assurance contained in the proposed 

rule that the ultimate end-item would be 

an article subject to the EAR. It is our 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

13930 Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Proposed Rules 

intent to avoid creating a means by 

which integrated defense articles could 

find their way into higher level 

militarily relevant assemblies. 

The DTAG proposed alternate models 

that added defense article exports 

‘‘solely for integration into and inclusion 

as an integral part of a higher level 

assembly * * *’’ We did not accept that 

change because it effectively would 

allow for the export of non-embedded 

defense articles without a license and 

would pose too great a risk of diversion. 

The proposed rule requires that defense 

articles be pre-embedded or preincorporated, which provides a measure 

of security. 

Regulatory Analysis and Notices 

Administrative Procedure Act 

These proposed amendments involve 

a foreign affairs function of the United 

States and, therefore, are not subject to 

the procedures contained in 5 U.S.C. 

553 and 554. The Department of State 

has nevertheless determined that the 

public interest would be served by 

publishing this proposed rule and 

soliciting public comment. 

Regulatory Flexibility Act 

Since these proposed amendments are 

not subject to 5 U.S.C. 553, they do not 

require analysis under the Regulatory 

Flexibility Act. 

Unfunded Mandates Reform Act of 1995 

These proposed amendments do 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. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

These proposed amendments have 

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 

These proposed amendments 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 these proposed 

amendments do 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 these 

amendments. 

Executive Order 12866 

These proposed amendments are 

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 amendments 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. 

Executive Order 13175 

The Department of State has 

determined that this rule 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 

requirement of Section 5 of Executive 

Order 13175 does not apply to this rule. 

Paperwork Reduction Act 

This proposed rule does not impose 

any new reporting or recordkeeping 

requirements subject to the Paperwork 

Reduction Act, 44 U.S.C. chapter 35. 

List of Subjects in 22 CFR Parts 123 and 

126 

Arms and munitions, Exports. 

Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, parts 123 and 126 are proposed to be 

amended as follows: 

PART 123—LICENSES FOR THE 

EXPORT OF DEFENSE ARTICLES 

1. 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. 

2. Part 123 is amended by adding 

§ 123.28 to read as follows: 

§ 123.28 Exemption for the export of 

replacement parts or components in 

support of end-items previously exported 

from the U.S. 

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

Border Protection shall permit the 

export without a license of parts or 

components of U.S.-origin end-items, as 

defined in § 121.8(a), held in the 

inventory of a foreign government when 

all of the following conditions are met: 

(1) The exporter is not subject to 

policy of denial (see §§ 126.7 and 127.7 

of this subchapter), is not otherwise 

ineligible (see § 120.1(c) of this 

subchapter), and the authority to claim 

the exemption has not been revoked in 

accordance with paragraph (c) of this 

section; and 

(2) The exporter was the applicant of 

a previously approved authorization to 

export the U.S.-origin end-item as 

defined in § 121.8(a); and 

(3) The replacement parts or 

components being exported do not 

upgrade the capability of the end item 

as originally exported. (Note: This does 

not preclude the export of replacement 

parts or components that would result 

in enhancements or improvements only 

in the reliability or maintainability of 

the U.S.-origin end-item, such as an 

increased mean time between failure 

(MTBF) when a part identical to that 

originally exported is not available); and 

(4) The type, amount, and frequency 

of the exports are consistent with repair 

and replacement in accordance with 

normal logistical support requirements 

for the number of end-items in the enduser inventory; and 

(5) The value of the purchase order or 

contract for the export does not exceed 

the requirements for congressional 

notification set forth in § 123.15; and 

(6) The consignee of the shipment is 

the foreign government approved under 

the original export authorization; and 

(7) The foreign government end-user 

is not subject to restrictions under 

§ 126.1 of this subchapter; and 

(8) The replacement parts or 

components being exported meet all the 

restrictions, limitations, and provisos 

(including those on the handling or 

control of the replacement parts or 

components) in the original export 

authorization for the end-item; and 

(9) The replacement parts or 

components being exported are 

consistent with the U.S. Government 

authorized maintenance activities. 

(b) In order to claim the exemption, 

the exporter must: 

(1) Be in possession of a purchase 

order from the foreign government enduser; and 

(2) Cite in its Automated Export 

System (AES) filing at the time of export 

the license number authorizing the 

previously approved export of the U.S.- 

origin defense article as required under 

paragraph (a)(2) of this section; and 

(3) Provide, upon request of the Port 

Director, a copy of the license cited in 

paragraph (b)(2) of this section and a 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Proposed Rules 13931 

copy of a purchase order required by 

paragraph (b)(1) of this section; and 

(4) If the replacement parts or 

components are shipped, the exporter 

must use the U. S. Postal Service, or 

only those freight forwarders registered 

with the Directorate of Defense Trade 

Controls and eligible, or licensed 

customs brokers that are subject to 

background investigation and have 

passed a comprehensive examination 

administered by U.S. Customs and 

Border Protection. If export is by hand 

carry, the exporter must ensure that the 

AES filing is completed at the time of 

export; and 

(5) Maintain records, to be provided 

on request to the Directorate of Defense 

Trade Controls, U.S. Immigration and 

Customs Enforcement, U.S. Customs 

and Border Protection, and other 

authorized U.S. law enforcement 

agencies, that support the exporter’s 

authority to use the exemption in 

accordance with the requirements of 

paragraphs (a)(1) through (9) and (b)(1) 

and (2) of this section. 

(c) The authority to use this 

exemption may be revoked at any time 

by the Managing Director, Directorate of 

Defense Trade Controls, if the exporter 

is found to be not in compliance with 

the requirements listed in this section. 

PART 126—GENERAL POLICIES AND 

PROVISIONS 

3. The authority citation for part 126 

continues to read as follows: 

Authority: Secs. 2, 38, 40, 42 and 71, Pub. 

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

2780, 2791 and 2797); E.O. 11958, 42 FR 

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

2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR 

28205; 3 CFR, 1994 Comp., p.899; Sec. 1225, 

Pub. L. 108–375. 

4. Part 126 is amended by adding and 

reserving §§ 126.16–126.18 to read as 

follows: 

§ 126.16 [Reserved] 

§ 126.17 [Reserved] 

§ 126.18 [Reserved] 

5. Add § 126.19 to read as follows: 

§ 126.19 Policy on the export and re-export 

of defense articles incorporated into 

commodities ‘‘subject to the EAR.’’ 

(a) A license or other approval from 

the Department of State is not required 

for the export or re-export of a defense 

article(s) that has/have been 

incorporated into an end-item subject to 

the Export Administration Regulations 

(EAR) (see 15 CFR 734.3), when all of 

the following conditions are met: 

(1) The end-item would be rendered 

inoperable, for purposes of intended 

applications or enhanced capabilities 

for which the defense article was 

incorporated into the end-item, by the 

removal of the defense article(s); and 

(2) ‘‘Technology’’ subject to the EAR 

for the ‘‘production,’’ ‘‘development,’’ or 

‘‘use’’ (as defined in 15 CFR 772.1) of the 

end-item does not include any technical 

data (as defined by § 120.10) or 

‘‘technical assistance’’ (as defined in 15 

CFR 772.1) qualifying as defense 

services (as defined by § 120.9) about 

the defense article(s) incorporated into 

the end-item; and 

(3) Incorporation of the defense 

article(s) does/do not provide, nor is it 

related to, a military application or 

‘‘military end-use’’ (as defined in 15 CFR 

744.21), or does not result in a ‘‘military 

commodity’’ (as defined in 15 CFR 

§ 772.1); and 

(4) The value of the defense articles is 

less than 1% of the value of the enditem. 

(b) A license or other approval from 

the Department of State is not required 

for the export or re-export of a defense 

article(s) that has/have been 

incorporated into a component (as 

defined in ITAR § 121.8(b)) subject to 

the EAR or an end-item subject to the 

EAR, when all the following conditions 

are met: 

(1) The defense article would be 

destroyed (i.e., rendered useless beyond 

the possibility of restoration) by its 

removal from the component, major 

assembly or end-item; 

(2) ‘‘Technology’’ subject to the EAR 

for the ‘‘production,’’ ‘‘development,’’ or 

‘‘use’’ (as defined in 15 CFR 772.1) of the 

component, or major assembly does not 

include any technical data (as defined 

by § 120.10) or ‘‘technical assistance’’ (as 

defined in 15 CFR 772.1) qualifying as 

defense services (as defined by § 120.9) 

about the defense article incorporated 

into the component or major assembly; 

and 

(3) Incorporation of the defense article 

does not provide, nor is it related to, a 

military application or ‘‘military enduse’’ (as defined in 15 CFR 744.21), or 

does not result in a ‘‘military 

commodity’’ (as defined in 15 CFR 

772.1). 

(c) A license or other approval from 

the Department of State is required for 

the export or re-export of the defense 

article when exported or re-exported as 

a replacement part or component for a 

component, major assembly, or enditem subject to the EAR. 

Dated: March 4, 2011. 

Ellen O. Tauscher, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2011–5821 Filed 3–14–11; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF STATE 

22 CFR Chapter I 

28 CFR Chapter XI 

[Public Notice: 7351] 

Department of State Retrospective 

Review under E.O. 13563 

AGENCY: Department of State. 

ACTION: Request for information and 

comment. 

SUMMARY: As part of its implementation 

of Executive Order 13563, ‘‘Improving 

Regulation and Regulatory Review,’’ 

issued by the President on January 18, 

2011, the Department of State (DOS) is 

seeking comments and information from 

interested parties to assist DOS in 

reviewing its existing regulations to 

determine if any of them should be 

modified or repealed. The purpose of 

this review is to make DOS’s regulatory 

program more effective and less 

burdensome in achieving its regulatory 

objectives. 

DATES: Written comments and 

information are requested on or before 

March 31, 2011. 

ADDRESSES: Interested persons are 

encouraged to submit comments, 

identified by ‘‘Regulatory Review,’’ by 

any of the following methods: 

Docket: For access to the docket to 

read background documents or 

comments received, go to the Federal 

e-Rulemaking Portal at http:// 

www.regulations.gov and search on 

docket number DOS–2011–0047. 

Mail: U.S. Department of State, 

A/GIS/DIR, SA–22, Washington, DC 

20522–2201. 

E-Mail: RegulatoryReview@State.gov. 

Include ‘‘Regulatory Review’’ in the 

subject line of the message. 

FOR FURTHER INFORMATION CONTACT: 

Thelma Furlong, 202–216–9600. 

SUPPLEMENTARY INFORMATION: On 

January 18, 2011, the President issued 

Executive Order 13563, ‘‘Improving 

Regulation and Regulatory Review,’’ to 

ensure that Federal regulations seek 

more affordable, less intrusive means to 

achieve policy goals, and that agencies 

give careful consideration to the benefits 

and costs of those regulations. The 

Executive Order can be found at: 

http://www.gpo.gov/fdsys/pkg/FR-2011- 

01-21/pdf/2011-1385.pdf. 

To implement the Executive Order, 

the Department is taking two immediate 

steps to launch its retrospective review 

of existing regulatory and reporting 

requirements. First, the Department 

issues this Request for Information (RFI) 

seeking public comment on how best to 

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