13546 Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules 

Instructions of Boeing Alert Service Bulletin 

MD80–55A067, dated June 24, 2010. 

(1) If any cracking is confirmed, before 

further flight, repair using a method 

approved in accordance with the procedures 

specified in paragraph (l) of this AD. 

(2) If no cracking is confirmed, repeat the 

inspection thereafter at intervals not to 

exceed the applicable interval specified in 

paragraph (h)(2)(i) or (h)(2)(ii) of this AD. 

(i) If the most recent inspection was done 

using Option 1, the next inspection must be 

done within 4,400 flight cycles. 

(ii) If the most recent inspection was done 

using Option 2, the next inspection must be 

done within 3,000 flight cycles. 

Leading Edge Repair 

(i) If leading edge distress is found during 

the detailed inspection required by paragraph 

(g) of this AD, before further flight and after 

accomplishing the inspection required by 

paragraph (h) of this AD, repair the leading 

edge, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin MD80–55A067, dated June 

24, 2010. 

Inspection for Loose/Missing Fasteners 

(j) For airplanes on which no cracking is 

confirmed during the initial inspection 

required by paragraph (h) of this AD: At the 

applicable time specified in paragraph (j)(1) 

or (j)(2) of this AD, do a detailed inspection 

for indications of loose and missing fasteners, 

in accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD80–55A067, dated June 24, 2010. If any 

loose or missing fastener is found, before 

further flight, repair the leading edge, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD80–55A067, dated June 24, 2010. 

(1) If the inspection required by paragraph 

(h) was done using Option 1, do the 

inspection required by paragraph (j) of this 

AD within 4,400 flight cycles after 

accomplishing the inspection required by 

paragraph (h) of this AD. 

(2) If inspection required by paragraph (h) 

was done using Option 2, do the inspection 

required by paragraph (j) of this AD within 

3,000 flight cycles after accomplishing the 

inspection required by paragraph (h) of this 

AD 

(k) For airplanes on which no cracking is 

confirmed during the most recent inspection 

required by paragraph (h) of this AD: Repeat 

the inspection for loose and missing fasteners 

required by paragraph (j) of this AD thereafter 

at intervals not to exceed the applicable time 

specified in paragraph (k)(1) or (k)(2) of this 

AD. 

(1) If the most recent inspection required 

by paragraph (h) was done using Option 1, 

the next inspection required by paragraph (j) 

of this AD must be done within 4,400 flight 

cycles after accomplishing the most recent 

inspection required by paragraph (j) of this 

AD. 

(2) If the most recent inspection required 

by paragraph (h) was done using Option 2, 

the next inspection required by paragraph (j) 

of this AD must be done within 3,000 flight 

cycles after the most recent inspection 

required by paragraph (j) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

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

Certification Office, 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) 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, 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 

(m) For more information about this AD, 

contact Roger Durbin, Aerospace Engineer, 

Airframe Branch, ANM–120L, Los Angeles 

ACO, FAA, 3960 Paramount Blvd., 

Lakewood, CA 90712–4137; phone: 562–627– 

5233; fax: 562–627–5210; e-mail: 

Roger.Durbin@faa.gov. 

(n) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, 3855 Lakewood Boulevard, MC 

D800–0019, Long Beach, California 90846– 

0001; phone: 206–544–5000, extension 2; fax: 

206–766–5683; e-mail: 

dse.boecom@boeing.com; Internet: https:// 

www.myboeingfleet.com. You may review 

copies of the referenced service information 

at the FAA, Transport Airplane Directorate, 

the FAA, 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 March 4, 

2011. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–5725 Filed 3–11–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0218; Directorate 

Identifier 2010–NM–164–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model MD–90–30 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD would require a detailed inspection 

to detect distress and existing repairs to 

the leading edge structure of the vertical 

stabilizer at the splice at Station 

Zfs=52.267; repetitive inspections for 

cracking in the front spar cap forward 

flanges of the vertical stabilizer, and 

either the aft flanges or side skins; 

repetitive inspections for loose and 

missing fasteners; and related 

investigative and corrective actions if 

necessary. This proposed AD was 

prompted by reports of cracked vertical 

stabilizer skin, a severed front spar cap, 

elongated fastener holes at the leading 

edge of the vertical stabilizer, and a 

cracked front spar web and front spar 

cap bolt holes in the vertical stabilizer. 

We are proposing this AD to detect and 

correct such cracking damage, which 

could result in the structure being 

unable to support limit load, and could 

lead to the loss of the vertical stabilizer. 

DATES: We must receive comments on 

this proposed AD by April 28, 2011. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal Rulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, 3855 

Lakewood Boulevard, MC D800–0019, 

Long Beach, California 90846–0001; 

phone: 206–544–5000, extension 2; fax: 

206–766–5683; e-mail: 


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Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules 13547 

dse.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. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov, or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Roger Durbin, Aerospace Engineer, 

Airframe Branch, ANM–120L, Los 

Angeles ACO, 3960 Paramount Blvd., 

Lakewood, CA 90712–4137; phone: 

562–627–5233; fax: 562–627–5210; email: Roger.Durbin@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2011–0218; Directorate Identifier 2010– 

NM–164–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

We have received a report of 

elongated fastener holes at the leading 

edge of the vertical stabilizer at station 

Zfs=52.267. The affected Model MD–90 

airplane had accrued 15,555 total flight 

hours and 14,310 total landing cycles 

when the elongated fastener holes were 

found. Additionally, we have received 

two reports of Model MD–80 airplanes 

with cracked vertical stabilizer skin at 

station Zfs=52.267. Subsequent 

inspection revealed a severed front spar 

cap and a cracked front spar web. The 

affected Model MD–80 airplanes had 

accrued between 39,749 and 56,212 

total flight hours and between 32,176 

and 44,001 total landing cycles when 

the cracks/anomalies were found. 

Cracks were also found on several other 

Model MD–80 airplanes in the vertical 

stabilizer front spar cap bolt holes. The 

cause of the fastener damage, elongated 

fastener holes, and skin cracks is high 

loading occurrences, such as, but not 

limited to, in-flight turbulence. Cracks 

in the vertical stabilizer leading edge 

and front spar cap could result in the 

structure being unable to support limit 

load, and could lead to the loss of the 

vertical stabilizer. 

Related Rulemaking 

We are considering similar 

rulemaking for The Boeing Company 

Model DC–9–81 (MD–81), DC–9–82 

(MD–82), DC–9–83 (MD–83), DC–9–87 

(MD–87), and MD–88 airplanes. The 

Model MD–90 airplane vertical 

stabilizer is similar in design and 

loading to that of the Model MD–80 

airplane vertical stabilizer. 

Relevant Service Information 

We reviewed Boeing Alert Service 

Bulletin MD90–55A014, dated June 24, 

2010. The service information describes 

procedures for a detailed inspection to 

detect distress in, and existing repairs to 

the leading edge structure of the vertical 

stabilizer at the splice at Station 

Zfs=52.267, and corrective action if 

necessary. The corrective action is doing 

a leading edge repair, if the leading edge 

is distressed, by repairing or replacing 

the leading edge splice band of the 

vertical stabilizer. The service 

information defines ‘‘distress’’ as 

deformed holes, elongated holes, 

oversized holes or cracks in the leading 

edge skin and splice; and ‘‘existing 

repairs’’ as bushings, washers or 

reinforcing repairs to the leading edge. 

The service information also describes 

procedures for repetitive inspections for 

cracking in the front spar cap of the 

vertical stabilizer using the inspections 

specified in Option 1 or Option 2 of the 

service information, and related 

investigative and corrective actions if 

necessary. 

Option 1 involves an open hole eddy 

current high frequency (ETHF) 

inspection of the forward flanges and a 

radiographic testing inspection of the aft 

flanges; Option 2 involves an open hole 

ETHF inspection of the forward flanges 

and an ETHF surface inspection of the 

side skins of the aft flanges. For 

airplanes on which any cracking is 

found, the related investigative action is 

confirming the cracking through a 

specified evaluation/verification 

process. The corrective action is 

contacting Boeing and doing the repair 

in accordance with Boeing’s 

instructions. 

The service information also describes 

procedures for repetitive detailed 

inspections for indications of loose and 

missing fasteners of the leading edge 

structure of the vertical stabilizer at the 

splice at Station Zfs=52.267, and 

corrective actions if necessary. The 

corrective action, if any loose or missing 

fasteners are found, is repairing the 

leading edge by repairing or replacing 

the leading edge splice band of the 

vertical stabilizer. 

FAA’s Determination 

We are proposing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type designs. 

Proposed AD Requirements 

This proposed AD would require 

accomplishing the actions specified in 

the service information described 

previously, except as discussed under 

‘‘Differences Between the Proposed AD 

and the Service Information.’’ 

Differences Between the Proposed AD 

and the Service Information 

The service bulletin specifies to 

contact the manufacturer for 

instructions on how to repair certain 

conditions, but this proposed AD would 

require repairing those conditions in 

one of the following ways: 

• In accordance with a method that 

we approve, or 

• Using data that meet the 

certification basis of the airplane, and 

that have been approved by the Boeing 

Commercial Airplanes Organization 

Designation Authorization (ODA) whom 

we have authorized to make those 

findings. 

Costs of Compliance 

We estimate that this proposed AD 

will affect 19 airplanes of U.S. registry. 

We estimate the following costs to 

comply with this proposed AD: 


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13548 Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. operators 

Inspection for existing repairs, distress ... 10 work-hours × $85 per hour = $850 .... $0 $850 ........................ $16,150. 

Repetitive inspections for cracking and 

loose and missing fasteners.

7 work-hours × $85 per hour = $595 per 

inspection cycle.

$0 $595 per inspection 

cycle.

$11,305 per inspection cycle. 

We have received no definitive data 

that would enable us to provide cost 

estimates for the on-condition action 

specified in this proposed AD. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in subtitle VII, 

part A, subpart III, section 44701: 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect 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. 

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), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) 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. 

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 airworthiness 

directive (AD): 

The Boeing Company: Docket No. FAA– 

2011–0218; Directorate Identifier 2010–NM– 

164–AD. 

Comments Due Date 

(a) We must receive comments by April 28, 

2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to The Boeing 

Company Model MD–90–30 airplanes, 

certificated in any category, as identified in 

Boeing Alert Service Bulletin MD90–55A014, 

dated June 24, 2010. 

Subject 

(d) Joint Aircraft System Component 

(JASC)/Air Transport Association (ATA) of 

America Code 55, Stabilizers. 

Unsafe Condition 

(e) This AD was prompted by reports of 

cracked vertical stabilizer skin, a severed 

front spar cap, elongated fastener holes at the 

leading edge of the vertical stabilizer, and a 

cracked front spar web and front spar cap 

bolt holes in the vertical stabilizer. We are 

issuing this AD to detect and correct such 

cracking damage, which could result in the 

structure being unable to support limit load, 

and could lead to the loss of the vertical 

stabilizer. 

Compliance 

(f) Comply with this AD within the 

compliance times specified, unless already 

done. 

Inspections for Distress/Repairs 

(g) Within 4,100 flight cycles after the 

effective date of this AD, do a detailed 

inspection for distress in and existing repairs 

to the leading edge structure of the vertical 

stabilizer at the splice at Station Zfs=52.267, 

in accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD90–55A014, dated June 24, 2010. 

Repetitive Inspections for Cracks, and 

Related Investigative and Corrective Actions 

(h) Before further flight after doing the 

inspection required by paragraph (g) of this 

AD, inspect for cracks of the left and right 

vertical stabilizer front spar cap, in 

accordance with either Option 1 or Option 2 

as specified in the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD90–55A014, dated June 24, 2010. If any 

crack is found, before further flight, evaluate 

and verify to confirm all crack indications, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD90–55A014, dated June 24, 2010. 

(1) If any cracking is confirmed, before 

further flight, repair using a method 

approved in accordance with the procedures 

specified in paragraph (l) of this AD. 

(2) If no cracking is confirmed, repeat the 

inspection thereafter at intervals not to 

exceed the applicable interval specified in 

paragraph (h)(2)(i) or (h)(2)(ii) of this AD. 

(i) If the most recent inspection was done 

using Option 1, the next inspection must be 

done within 4,400 flight cycles. 

(ii) If the most recent inspection was done 

using Option 2, the next inspection must be 

done within 3,000 flight cycles. 

Leading Edge Repair 

(i) If leading edge distress is found during 

the detailed inspection required by paragraph 

(g) of this AD, before further flight and after 

accomplishing the inspection required by 

paragraph (h) of this AD, repair the leading 

edge, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin MD90–55A014, dated June 

24, 2010. 

Inspection for Loose/Missing Fasteners 

(j) For airplanes on which no cracking is 

confirmed during the initial inspection 

required by paragraph (h) of this AD: At the 

applicable time specified in paragraph (j)(1) 

or (j)(2) of this AD, do a detailed inspection 

for indications of loose and missing fasteners, 

in accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD90–55A014, dated June 24, 2010. If any 

loose or missing fastener is found, before 

further flight, repair the leading edge, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD90–55A014, dated June 24, 2010. 

(1) If the inspection required by paragraph 

(h) was done using Option 1, do the 

inspection required by paragraph (j) of this 

AD within 4,400 flight cycles after 

accomplishing the inspection required by 

paragraph (h) of this AD. 


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Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules 13549 

(2) If inspection required by paragraph (h) 

was done using Option 2, do the inspection 

required by paragraph (j) of this AD within 

3,000 flight cycles after accomplishing the 

inspection required by paragraph (h) of this 

AD. 

(k) For airplanes on which no cracking is 

confirmed during the most recent inspection 

required by paragraph (h) of this AD: Repeat 

the inspection for loose and missing fasteners 

required by paragraph (j) of this AD thereafter 

at intervals not to exceed the applicable time 

specified in paragraph (k)(1) or (k)(2) of this 

AD. 

(1) If the most recent inspection required 

by paragraph (h) was done using Option 1, 

the next inspection required by paragraph (j) 

of this AD must be done within 4,400 flight 

cycles after accomplishing the most recent 

inspection required by paragraph (j) of this 

AD. 

(2) If the most recent inspection required 

by paragraph (h) was done using Option 2, 

the next inspection required by paragraph (j) 

of this AD must be done within 3,000 flight 

cycles after the most recent inspection 

required by paragraph (j) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

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

Certification Office, 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) 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, 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 the 

approval must specifically refer to this AD. 

Related Information 

(m) For more information about this AD, 

contact Roger Durbin, Aerospace Engineer, 

Airframe Branch, ANM–120L, Los Angeles 

ACO, 3960 Paramount Blvd., Lakewood, CA 

90712–4137; phone: 562–627–5233; fax: 562– 

627–5210; e-mail: Roger.Durbin@faa.gov. 

(n) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, 3855 Lakewood Boulevard, MC 

D800–0019, Long Beach, California 90846– 

0001; phone: 206–544–5000, extension 2; fax: 

206–766–5683; e-mail: 

dse.boecom@boeing.com; Internet: https:// 

www.myboeingfleet.com. You may review 

copies of the referenced service information 

at the FAA, Transport Airplane Directorate, 

the FAA, 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 March 4, 

2011. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–5726 Filed 3–11–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Chapter IX 

50 CFR Chapters II, III, IV, and VI 

RIN 0648–XA282 

Reducing Regulatory Burden; 

Retrospective Review Under E.O. 

13563 

AGENCY: National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Request for information. 

SUMMARY: The National Oceanic and 

Atmospheric Administration (NOAA) is 

preparing a preliminary plan to review 

its existing significant regulations in 

response to the President’s Executive 

Order 13563 on Improving Regulation 

and Regulatory Review. The purpose of 

NOAA’s review is to make the agency’s 

regulatory program more effective and 

less burdensome in achieving its 

regulatory objectives by identifying 

those regulations that should be 

modified, streamlined, expanded or 

repealed. NOAA is asking for ideas and 

information from the public in 

preparing its preliminary plan 

explaining how it will conduct such a 

review. 

DATES: You must submit any comments 

on or before April 4, 2011. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–XA282, by any 

one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Fax: 301–713–0596, Attn: William 

Chappell. 

• Mail: 1315 East-West Highway, 

SSMC3, SF5, Room 13142, Silver 

Spring, MD 20910. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. NOAA will 

accept anonymous comments (enter N/ 

A in the required fields, if you wish to 

remain anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

William Chappell, 301–713–2337, x169. 

SUPPLEMENTARY INFORMATION: The 

National Oceanic and Atmospheric 

Administration is a Federal agency that 

is part of the U.S. Department of 

Commerce. NOAA’s mission is to 

understand and predict changes in the 

Earth’s environment and conserve and 

manage coastal and marine resources to 

meet our Nation’s economic, social, and 

environmental needs. NOAA 

administers a broad range of statutes, 

including, but not limited to the 

Endangered Species Act, 16 U.S.C. 

1531, et seq.; Magnuson-Stevens Fishery 

Conservation and Management Act, 16 

U.S.C. 1801, et seq.; Marine Mammal 

Protection Act, 16 U.S.C. 1361, et seq, 

National Marine Sanctuaries Act, 16 

U.S.C. 1431 et seq.; Coastal Zone 

Management Act, 16 U.S.C. 1415, et 

seq.; and Land Remote Sensing Policy 

Act, 15 U.S.C. 5601, et seq. 

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. Among other 

things, the Executive Order directed 

agencies to develop and submit a 

preliminary plan within 120 days that 

will explain how they will periodically 

review existing significant regulations to 

identify any regulations that can be 

made more effective or less burdensome 

in achieving regulatory objectives. 

To implement the Executive Order, 

NOAA is taking several immediate steps 

to launch its retrospective review of 

existing regulatory requirements. 

Consistent with its commitment to 

public participation, NOAA is soliciting 

views from the public on how best to 

conduct its analysis of existing NOAA 

rules and how best to identify those 

rules that might be modified, 

streamlined, expanded or repealed. 

NOAA promulgates rules in accordance 

with applicable laws and based on best 

available scientific information, 

analyses of different alternatives for 


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