Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Rules and Regulations 78711 

contact Diamond Aircraft Industries GmbH, 

N.A. Otto-Stra+e 5, A–2700 Wiener Neustadt, 

Austria, telephone: +43 2622 26700; fax: +43 

2622 26780; email: office@diamond-air.at; 

Internet: http://www.diamondaircraft.com. 

(4) You may view this service information 

at the FAA, Small Airplane Directorate, 901 

Locust, Kansas City, Missouri 64106. For 

information on the availability of this 

material at the FAA, call (816) 329–4148. It 

is also available on the Internet at http://

www.regulations.gov by searching for 

locating Docket No. FAA–2016–9369. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Kansas City, Missouri, on 

October 31, 2016. 

Pat Mullen, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2016–26808 Filed 11–8–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2016–0462; Directorate 

Identifier 2015–NM–144–AD; Amendment 

39–18703; AD 2016–22–14] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

The Boeing Company Model 737–600, 

–700, –700C, –800, –900, and –900ER 

series airplanes. This AD was prompted 

by a report of wire chafing damage, 

which caused an electrical arc to an 

adjacent hydraulic tube located on the 

forward bulkhead of the main landing 

gear (MLG) wheel well, resulting in a 

hole in a hydraulic tube and consequent 

total loss of system B hydraulic fluid. 

This AD requires an inspection for 

chafing damage of wire bundles and a 

hydraulic tube in the right side of the 

MLG wheel well, and corrective action 

if necessary; and installation of clamps 

between the wire bundles and hydraulic 

tube. We are issuing this AD to prevent 

chafing damage, which could result in 

electrical arcing that can cause a hole in 

the hydraulic tube and consequent loss 

of hydraulic fluid, possibly resulting in 

a fire in the MLG wheel well. 

DATES: This AD is effective December 

14, 2016. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of December 14, 2016. 

ADDRESSES: For service information 

identified in this final rule, contact 

Boeing Commercial Airplanes, 

Attention: Contractual & Data Services 

(C&DS), 2600 Westminster Blvd., MC 

110–SK57, Seal Beach, CA 90740–5600; 

telephone 562–797–1717; Internet 

https://www.myboeingfleet.com. You 

may view this referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue 

SW., Renton, WA. For information on 

the availability of this material at the 

FAA, call 425–227–1221. It is also 

available on the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2016– 

0462. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2016– 

0462; 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 AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

Docket Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Sean J. Schauer, Aerospace Engineer, 

Systems and Equipment Branch, ANM– 

130S, FAA, Seattle Aircraft Certification 

Office (ACO), 1601 Lind Avenue SW., 

Renton, WA. 98057–3356; phone: 425– 

917–6479; fax: 425–917–6590; email: 

sean.schauer@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to certain The Boeing Company 

Model 737–600, –700, –700C, –800, 

–900, and –900ER series airplanes. The 

NPRM published in the Federal 

Register on February 8, 2016 (81 FR 

6475) (‘‘the NPRM’’). The NPRM was 

prompted by a report of wire chafing 

damage, which caused an electrical arc 

to an adjacent hydraulic tube located on 

the forward bulkhead of the MLG wheel 

well, resulting in a hole in a hydraulic 

tube and consequent total loss of system 

B hydraulic fluid. The NPRM proposed 

to require an inspection for chafing 

damage of wire bundles and a hydraulic 

tube in the right side of the MLG wheel 

well, and corrective action if necessary; 

and installation of clamps between the 

wire bundles and hydraulic tube. We 

are issuing this AD to prevent chafing 

damage, which could result in electrical 

arcing that can cause a hole in the 

hydraulic tube and consequent loss of 

hydraulic fluid, possibly resulting in a 

fire in the MLG wheel well. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the NPRM and the FAA’s 

response to each comment. 

Support for the NPRM 

The Air Line Pilots Association, 

International and an anonymous 

commenter supported the NPRM. 

Request for Clarification 

The European Aviation Safety Agency 

(EASA) requested that we respond to 

the following questions. 

• EASA stated that the NPRM looks 

very similar to AD 2013–19–03, 

Amendment 39–17585 (78 FR 59798, 

September 30, 2013) (‘‘AD 2013–19– 

03’’). EASA asked if there is a more 

fundamental problem with wiring 

harnesses in the landing gear bay in the 

Model 737 fleet. 

We agree that the unsafe conditions 

identified in this AD and in AD 2013– 

19–03 are similar; however, the reasons 

for the unsafe conditions, and the 

associated corrective actions in these 

ADs, differ. This difference is due to the 

occurrence of wire chafing in different 

locations in the landing gear bay. The 

underlying issue is limited space for the 

electrical system routing in the landing 

gear bay. 

• EASA asked whether there is 

sufficient accessibility to inspect the 

affected area. 

We have determined that there is 

sufficient space to inspect the landing 

gear bay. 

• EASA asked why the spacer is only 

an optional action. 

The source of service information that 

we reference in this AD, Boeing Alert 

Service Bulletin 737–29A1119, Revision 

1, dated June 23, 2016 (‘‘ASB 737– 

29A1119 R1’’), specifies that the spacer 

addition is optional for cases where 

additional spacing is needed to allow 

adequate clearance. 

• EASA asked what measures have 

been put in place to ensure the safety of 


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78712 Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Rules and Regulations 

the fleet, pending the proposed 

inspection. 

We consider that the standard 

operational procedures that are in place 

regarding loss of system B hydraulic 

pressure or a wheel well fire to be 

adequate to ensure the safety of the 

fleet, pending the completion of the 

actions required in this AD. 

• EASA asked if the wire chafing 

issue is one of design with regulations, 

or non-compliance of the product with 

the design data. 

We have determined that the issue is 

due to nonconformance to the design 

data. 

No changes to the final rule are 

necessary in regard to the questions 

asked by EASA. 

Requests To Reference New Service 

Information 

All Nippon Airways (ANA), Boeing, 

Japan Airlines, Qantas Airways, 

Southwest Airlines, and United Airlines 

(UA) requested that we reference Boeing 

Service Bulletin Information Notice 

737–29A1119 IN 01, dated August 25, 

2015; and Boeing Service Bulletin 

Information Notice 737–29A1119 IN 02, 

dated November 02, 2015; and new 

service information ASB 737–29A1119 

R1. ANA commented that Boeing will 

not ship the top kits of needed parts 

until the release of ASB 737–29A1119 

R1. UA requested that ASB 737– 

29A1119 R1 incorporate the Required 

for Compliance (RC) format. 

We agree with the commenters’ 

requests to incorporate ASB 737– 

29A1119 R1 as an appropriate source of 

service information. This service 

information incorporates the revisions 

in the Boeing information notices 

referenced by the commenters. In ASB 

737–29A1119 R1, the part number of the 

subject wiring harness clamp has been 

corrected, the work instructions have 

been rewritten to improve operator 

usability, and the RC steps have been 

added. We have revised paragraphs (c), 

(g)(1), and (g)(2) of this AD to specify 

ASB 737–29A1119 R1. We have added 

a new paragraph (h) to this AD to give 

credit for actions done prior to the 

effective date of this AD using Boeing 

Alert Service Bulletin 737–29A1119, 

dated August 4, 2015, and redesignated 

subsequent paragraphs accordingly. We 

have also added new paragraph (i)(4) to 

this AD to address the RC language 

specified in ASB 737–29A1119 R1. 

Request To Revise Paragraph (g) of the 

Proposed AD 

One commenter, Evki Meto, requested 

that we revise paragraph (g)(1) of the 

proposed AD, which proposed 

inspecting for chafing damage. The 

commenter requested that we expand 

the inspection to look for any damage. 

No reason was provided by the 

commenter. 

We disagree with the commenter’s 

request. We have determined that the 

inspection in paragraph (g) of this AD 

should emphasize chafing damage, as 

that damage relates to the unsafe 

condition being addressed by this AD. 

We have not changed this AD in this 

regard. 

Request To Revise Compliance Time 

KLM Royal Dutch Airlines (KLM) 

requested that we revise the 24-month 

compliance time to 30 months. KLM 

stated that it intends to do the 

modification during C-check 

maintenance, but will not be able to 

comply without impact to its 

maintenance program with the 24- 

month compliance time due to its Ccheck maintenance interval, which is 30 

months. 

We do not agree with the commenter’s 

request. In developing an appropriate 

compliance time, we considered the 

safety implications, parts availability, 

and normal maintenance schedules for 

timely accomplishment of the required 

actions. Further, we arrived at the 

compliance time with manufacturer 

concurrence. In consideration of all of 

these factors, we determined that the 

compliance time of 24 months 

represents an appropriate interval in 

which the inspections can be done in a 

timely manner within the fleet, while 

still maintaining an adequate level of 

safety. Under the provisions of 

paragraph (i) of this AD, however, we 

will consider requests for approval of an 

alternative compliance time if sufficient 

data are submitted to substantiate that 

an alternate compliance time would 

provide an acceptable level of safety. 

We have not changed this AD in this 

regard. 

Effect of Winglets on Accomplishment 

of the Proposed Actions 

Aviation Partners Boeing stated that 

the installation of winglets per 

Supplemental Type Certificate (STC) 

ST00830SE does not affect the 

accomplishment of the manufacturer’s 

service instructions. 

We agree with the commenter that 

STC ST00830SE does not affect the 

accomplishment of the manufacturer’s 

service instructions. Therefore, the 

installation of STC ST00830SE does not 

affect the ability to accomplish the 

actions required by this AD. We have 

not changed this AD in this regard. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting this AD 

with the changes described previously 

and minor editorial changes. We have 

determined that these minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

We also determined that these 

changes will not increase the economic 

burden on any operator or increase the 

scope of this AD. 

Related Service Information Under 1 

CFR Part 51 

We reviewed ASB 737–29A1119 R1. 

The service information describes 

procedures for doing an inspection for 

chafing damage of the wire bundles and 

hydraulic tube in the right side of the 

MLG wheel well, corrective actions, and 

installation of clamps and an optional 

spacer between the wire bundles and 

hydraulic tube. This service information 

is reasonably available because the 

interested parties have access to it 

through their normal course of business 

or by the means identified in the 

ADDRESSES section. 

Costs of Compliance 

We estimate that this AD affects 1,270 

airplanes of U.S. registry. 

We estimate the following costs to 

comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Inspection and Installation 2 work-hours × $85 per hour = $170 ............................................ $9 $179 $227,330 


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Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Rules and Regulations 78713 

We have received no definitive data 

that would enable us to provide cost 

estimates for the on-condition actions 

specified in this 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 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will 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 that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

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. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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): 

2016–22–14 The Boeing Company: 

Amendment 39–18703; Docket No. 

FAA–2016–0462; Directorate Identifier 

2015–NM–144–AD. 

(a) Effective Date 

This AD is effective December 14, 2016. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

Model 737–600, 737–700, 737–700C, 737– 

800, 737–900, and 737–900ER series 

airplanes, certificated in any category, as 

identified in Boeing Alert Service Bulletin 

737–29A1119, Revision 1, dated June 23, 

2016 (‘‘ASB 737–29A1119 R1’’). 

(d) Subject 

Air Transport Association (ATA) of 

America Code 29, Hydraulic power. 

(e) Unsafe Condition 

This AD was prompted by a report of wire 

chafing damage, which caused an electrical 

arc to an adjacent hydraulic tube located on 

the forward bulkhead of the main landing 

gear (MLG) wheel well, resulting in a hole in 

a hydraulic tube and consequent total loss of 

system B hydraulic fluid. We are issuing this 

AD to prevent chafing damage, which could 

result in electrical arcing that can cause a 

hole in the hydraulic tube and consequent 

loss of hydraulic fluid, possibly resulting in 

a fire in the MLG wheel well. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Inspection and Corrective Action and 

Clamp Installation 

Within 24 months after the effective date 

of this AD: Do the actions specified in 

paragraphs (g)(1) and (g)(2) of this AD. 

(1) Do a detailed inspection for chafing 

damage of the wire bundles and hydraulic 

tube in the right side of the MLG wheel well, 

and do all applicable corrective actions, in 

accordance with the Accomplishment 

Instructions of ASB 737–29A1119 R1. Do all 

applicable corrective actions before further 

flight. 

(2) Install new clamps and an optional 

spacer between the wire bundles and 

hydraulic tube in the right side of the MLG 

wheel well, in accordance with the 

Accomplishment Instructions of ASB 737– 

29A1119 R1. 

(h) Credit for Previous Actions 

This paragraph provides credit for the 

actions specified in paragraph (g) of this AD, 

if those actions were performed before the 

effective date of this AD using Boeing Alert 

Service Bulletin 737–29A1119, dated August 

4, 2015. This service information is not 

incorporated by reference in this AD. 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle 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 

paragraph (j)(1) of this AD. Information may 

be emailed to: 9-ANM-Seattle-ACO-AMOCRequests@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, 

modification, or alteration 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. To be 

approved, the repair method, modification 

deviation, or alteration deviation must meet 

the certification basis of the airplane and the 

approval must specifically refer to this AD. 

(4) For service information that contains 

steps that are labeled as Required for 

Compliance (RC), the provisions of 

paragraphs (i)(4)(i) and (i)(4)(ii) of this AD 

apply. 

(i) The steps labeled as RC, including 

substeps under an RC step and any figures 

identified in an RC step, must be done to 

comply with the AD. If a step or substep is 

labeled ‘‘RC Exempt,’’ then the RC 

requirement is removed from that step or 

substep. An AMOC is required for any 

deviations to RC steps, including substeps 

and identified figures. 

(ii) Steps not labeled as RC may be 

deviated from using accepted methods in 

accordance with the operator’s maintenance 

or inspection program without obtaining 

approval of an AMOC, provided the RC steps, 

including substeps and identified figures, can 

still be done as specified, and the airplane 

can be put back in an airworthy condition. 

(j) Related Information 

(1) For more information about this AD, 

contact Sean J. Schauer, Aerospace Engineer, 

Systems and Equipment Branch, ANM–130S, 

FAA, Seattle Aircraft Certification Office 

(ACO), 1601 Lind Avenue SW., Renton, WA 

98057–3356; phone: 425–917–6479; fax: 425– 

917–6590; email: sean.schauer@faa.gov. 

(2) Service information identified in this 

AD that is not incorporated by reference is 

available at the addresses specified in 

paragraphs (k)(3) and (k)(4) of this AD. 


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78714 Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Rules and Regulations 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Boeing Alert Service Bulletin 737– 

29A1119, Revision 1, dated June 23, 2016. 

(ii) Reserved. 

(3) For Boeing service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: 

Contractual & Data Services (C&DS), 2600 

Westminster Blvd., MC 110–SK57, Seal 

Beach, CA 90740–5600; telephone 562–797– 

1717; Internet https://

www.myboeingfleet.com. 

(4) You may view this service information 

at FAA, Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on October 

25, 2016. 

Dionne Palermo, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2016–26163 Filed 11–8–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 730 and 744 

[Docket No. 161012953–6953–01] 

RIN 0694–AH15 

Updated Statements of Legal Authority 

for the Export Administration 

Regulations 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule updates the Code of 

Federal Regulations (CFR) legal 

authority paragraphs in the Export 

Administration Regulations (EAR) to 

cite the most recent Presidential notice 

continuing an emergency declared 

pursuant to the International Emergency 

Economic Powers Act. This is a nonsubstantive rule that only updates 

authority paragraphs of the EAR. It does 

not alter any right, obligation or 

prohibition that applies to any person 

under the EAR. 

DATES: The rule is effective November 9, 

2016. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Kook, Regulatory Policy 

Division, Bureau of Industry and 

Security, Telephone: (202) 482–2440. 

SUPPLEMENTARY INFORMATION: 

Background 

The authority for parts 730 and 744 of 

the EAR rests, in part, on Executive 

Order 13224 of September 23, 2001— 

Blocking Property and Prohibiting 

Transactions With Persons Who 

Commit, Threaten To Commit, or 

Support Terrorism, 66 FR 49079, 3 CFR, 

2001 Comp., p. 786 and on annual 

notices continuing the emergency 

declared in that executive order. This 

rule revises the authority paragraphs for 

the affected parts of the EAR to cite the 

most recent such notice, which the 

President signed on September 15, 2016. 

This rule is purely non-substantive 

and makes no changes other than to 

revise CFR authority paragraphs for the 

purpose of making the authority 

citations current. It does not change the 

text of any section of the EAR, nor does 

it alter any right, obligation or 

prohibition that applies to any person 

under the EAR. 

Rulemaking Requirements 

1. Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). This rule does not impose any 

regulatory burden on the public and is 

consistent with the goals of Executive 

Order 13563. This rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the Paperwork 

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

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

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This rule does 

not involve any collection of 

information. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. The Department finds that there is 

good cause under 5 U.S.C. 553(b)(B) to 

waive the provisions of the 

Administrative Procedure Act requiring 

prior notice and the opportunity for 

public comment because they are 

unnecessary. This rule only updates 

legal authority citations. It clarifies 

information and is non-discretionary. 

This rule does not alter any right, 

obligation or prohibition that applies to 

any person under the EAR. Because 

these revisions are not substantive 

changes, it is unnecessary to provide 

notice and opportunity for public 

comment. In addition, the 30-day delay 

in effectiveness otherwise required by 5 

U.S.C. 553(d) is not applicable because 

this rule is not a substantive rule. 

Because neither the Administrative 

Procedure Act nor any other law 

requires that notice of proposed 

rulemaking and an opportunity for 

public comment be given for this rule, 

the analytical requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) are not applicable. Accordingly, 

no Final Regulatory Flexibility Analysis 

is required and none has been prepared. 

List of Subjects 

15 CFR Part 730 

Administrative practice and 

procedure, Advisory committees, 

Exports, Reporting and recordkeeping 

requirements, Strategic and critical 

materials. 

15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

Accordingly, parts 730 and 744 of the 

EAR (15 CFR parts 730–774) are 

amended as follows: 

PART 730—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 730 is revised to read as follows: 

Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 

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

7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151 note; 

22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 

U.S.C. 2139a; 15 U.S.C. 1824a; 50 U.S.C. 

4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; 

E.O. 11912, 41 FR 15825, 3 CFR, 1976 Comp., 

p. 114; E.O. 12002, 42 FR 35623, 3 CFR, 1977 

Comp., p. 133; E.O. 12058, 43 FR 20947, 3 

CFR, 1978 Comp., p. 179; E.O. 12214, 45 FR 

29783, 3 CFR, 1980 Comp., p. 256; E.O. 

12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 

608; E.O. 12854, 58 FR 36587, 3 CFR, 1993 

Comp., p. 179; E.O. 12918, 59 FR 28205, 3 

CFR, 1994 Comp., p. 899; E.O. 12938, 59 FR 

59099, 3 CFR, 1994 Comp., p. 950; E.O. 

12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 

356; E.O. 12981, 60 FR 62981, 3 CFR, 1995 

Comp., p. 419; E.O. 13020, 61 FR 54079, 3 

CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 

58767, 3 CFR, 1996 Comp., p. 228; E.O. 

13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 

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


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