38914 Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Rules and Regulations 

nut for damage, and replacing any damaged 

nut with a new or serviceable part; and 

measuring the gap between the inner flange 

of the outer cone (at each of the three 

sections) and the end face of the axle to 

determine if parts are worn, and replacing 

worn parts with new or serviceable parts. 

Actions and Compliance 

(f) Unless already done, do the following 

actions for the left and right nose wheel 

attachments to the axle. 

(1) Within 3 months after the effective date 

of this AD, inspect the lock plate for damage 

(including excessive wear) and cracking, 

inspect the wheel nut for damage, and 

measure the gap between the inner flange of 

the outer cone and the end face of the axle 

to determine if parts are worn, in accordance 

with paragraph 2.B. of BAE Systems 

(Operations) Limited Service Bulletin J41– 

32–086, dated June 27, 2007. 

(2) If, during any inspection required by 

paragraph (f)(1) of this AD, any damage or 

cracking of the lock plate is found, before 

further flight, replace the lock plate with a 

new or serviceable part, in accordance with 

paragraph 2.B. of BAE Systems (Operations) 

Limited Service Bulletin J41–32–086, dated 

June 27, 2007. 

(3) If, during any inspection required by 

paragraph (f)(1) of this AD, any damage of the 

wheel nut is found, before further flight, 

replace the wheel nut with a new or 

serviceable part, in accordance with 

paragraph 2.B. of BAE Systems (Operations) 

Limited Service Bulletin J41–32–086, dated 

June 27, 2007. 

(4) If, during any measurement required by 

paragraph (f)(1) of this AD, the measured gap 

size is found to be less than 0.002 inch (0.05 

mm), before further flight, replace any worn 

parts with new or serviceable parts, in 

accordance with paragraph 2.B. of BAE 

Systems (Operations) Limited Service 

Bulletin J41–32–086, dated June 27, 2007. 

Within 3,000 flight hours after doing the 

replacement, repeat the actions for the left 

and right nose wheel attachments to the axle 

that are required by paragraph (f)(1) of this 

AD. 

(5) If, during any measurement required by 

paragraph (f)(1) of this AD, the measured gap 

size is equal to or more than 0.002 inch (0.05 

mm), repeat the actions for the left and right 

nose wheel attachments to the axle that are 

required by paragraph (f)(1) of this AD 

thereafter at intervals not to exceed the value 

indicated in Table 1 of this AD, depending 

on the exact finding. If, during any repeat 

inspection, the finding has changed to 

another value (see Table 1), adjust the new 

interval accordingly. 

TABLE 1—REPEAT INSPECTION

INTERVALS

Measured gap size 

Repeat 

inspection 

interval in 

flight hours 

0.002 inch to 0.005 inch inclusive (0.05/0.13mm) ............... 500 

Greater than 0.005 inch to less 

than or equal to 0.010 inch 

(0.13/0.25mm) ....................... 1,000 

TABLE 1—REPEAT INSPECTION

INTERVALS—Continued 

Measured gap size 

Repeat 

inspection 

interval in 

flight hours 

Greater than 0.010 inch to less 

than or equal to 0.020 inch 

(0.25/0.51mm) ....................... 2,000 

Greater than 0.020 inch 

(0.51mm) ............................... 3,000 

Note 1: Replacement of parts does not 

constitute terminating action for the 

inspection requirements of this AD. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: 

Although BAE Systems (Operations) Limited 

Service Bulletin J41–32–086, dated June 27, 

2007, does not specify an inspection 

following the replacement of the left and 

right nose wheel attachment to the axle for 

measurements less than 0.002 inch, 

paragraph (f)(4) of this AD requires an 

inspection within 3,000 flight hours after 

replacing the part. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. Send 

information to ATTN: Todd Thompson, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1175; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2008– 

0036, dated February 22, 2008; and BAE 

Systems (Operations) Limited Service 

Bulletin J41–32–086, dated June 27, 2007; for 

related information. 

Material Incorporated by Reference 

(i) You must use BAE Systems (Operations) 

Limited Service Bulletin J41–32–086, dated 

June 27, 2007, to do the actions required by 

this AD, unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact BAE Systems Regional 

Aircraft, 13850 McLearen Road, Herndon, 

Virginia 20171; telephone 703–736–1080; 

e-mail raebusiness@baesystems.com; Internet 

http://www.baesystems.com/Businesses/ 

RegionalAircraft/index.htm. 

(3) You may review copies of the 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 or 425–227–1152. 

(4) You may also review copies of the 

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/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on July 22, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–18018 Filed 8–4–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of the Census 

15 CFR Part 30 

[Docket Number: 090422707–9708–01] 

RIN 0607–AA48 

Foreign Trade Regulations (FTR): 

Eliminate the Social Security Number 

(SSN) as an Identification Number in 

the Automated Export System (AES) 

AGENCY: Bureau of the Census, 

Commerce Department. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: The U.S. Census Bureau 

(Census Bureau) is amending the 

Foreign Trade Regulations (FTR) to 

eliminate the requirement to report a 

Social Security Number (SSN) as an 

identification number when registering 

to file and filing electronic export 

information in the Automated Export 

System (AES) or AESDirect. Under the 

current regulations, the U.S. Principal 

Party in Interest (USPPI) or U.S. 

authorized agent residing or having an 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Rules and Regulations 38915 

1References to AES include the AESDirect, a free 

online version of the AES. 

office located in the United States is 

required to enter an Employer 

Identification Number (EIN), SSN, or 

Dun and Bradstreet Number (DUNS) 

when reporting export transactions in 

the AES or AESDirect. An SSN is used 

as an identification number principally 

by filers who are individuals. DUNS are 

available only to business entities, and 

EINs are available to both businesses 

and individuals. 

Upon implementation of this Interim 

Final Rule, if the USPPI or the U.S. 

authorized agent who resides or has an 

office located in the United States does 

not have an EIN, the USPPI, or U.S. 

authorized agent must obtain an EIN 

through the Internal Revenue Service’s 

Web site. Former SSN filers who want 

to use a DUNS rather than an EIN for 

identification purposes, must first 

obtain an EIN from the IRS and apply 

to Dun & Bradstreet for a DUNS. This 

rule is being implemented to ensure that 

a USPPI’s or U.S. authorized agent’s 

SSN is protected in accordance with the 

Privacy Act of 1974, Title 5, United 

States Code, Section 552a. 

DATES: Effective Date: This rule is 

effective September 4, 2009. 

Implementation Date: The Census 

Bureau will implement provisions of 

this rule December 3, 2009. 

Comment Due Date: Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before October 5, 2009 to be 

considered in the formation of the final 

rule. 

ADDRESSES: You may submit your 

comments to: William G. Bostic, Jr., 

Chief, Foreign Trade Division, U.S. 

Census Bureau, 4600 Silver Hill Road, 

Room 6K032, Washington, DC 20233– 

6700; by telephone at (301) 763–2255; 

by fax at (301) 763–6638; or by e-mail: 

william.g.bostic.jr@census.gov. 

FOR FURTHER INFORMATION CONTACT: 

William G. Bostic, Jr., Chief, Foreign 

Trade Division, U.S. Census Bureau, 

4600 Silver Hill Road, Room 6K032, 

Washington, DC 20233–6700; by 

telephone at (301) 763–2255; by fax at 

(301) 763–6638; or by e-mail: 

william.g.bostic.jr@census.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Census Bureau is responsible for 

collecting, compiling, and publishing 

export and import trade statistics for the 

United States under the provisions of 

Title 13, United States Code (U.S.C.), 

Chapter 9, Section 301(a). To implement 

this responsibility, the Census Bureau 

developed the Automated Export 

System 1 (AES), an electronic filing 

system, to allow exporters to submit 

certain information directly with U.S. 

Customs Border and Protection (CBP) 

and the Census Bureau. The AES is also 

used for export control purposes to 

detect and prevent the export of certain 

items by unauthorized parties, 

destinations or end users. Under the 

FTR, 15 CFR 30.60(e), this information 

is exempt from public disclosure unless 

the Secretary of Commerce or his 

designee, the Director of the Census 

Bureau, determines that withholding 

such information would be contrary to 

the national interest under the 

provisions of Title 13, U.S.C., Chapter 9, 

Section 301(g). 

Through the AES, the Census Bureau 

collects Electronic Export Information 

(EEI), the electronic equivalent of the 

export data formerly collected on the 

Shipper’s Export Declaration. EEI 

consists of data elements for an export 

shipment, and includes information 

such as the exporter’s personal 

identifying information, which includes 

name, address and identification 

number, and detailed information 

concerning the exported product. 

Pursuant to the requirements of the 

Privacy Act of 1974 (5 U.S.C. 552a) and 

guidance from the Office of 

Management and Budget (OMB), the 

Census Bureau is amending its 

regulations to discontinue the collection 

of the Social Security Number when 

reporting EEI through the AES or other 

authorized method. Upon 

implementation of this rule, the AES 

will no longer provide the option for 

using the Social Security Number as an 

identification number. All USPPIs and 

U.S. authorized agents who currently 

report a SSN when filing in the AES, 

because they do not have or use an EIN 

or DUNS number, must provide an EIN 

or DUNS number for identification 

purposes. EINs are available to both 

businesses and individuals and can be 

obtained by registering with the Internal 

Revenue Service (IRS) at http:// 

www.irs.gov or by calling (800) 829– 

4933 and following the instructions. A 

DUNS number is available only to 

business entities with EINs and is 

available for a fee at Dun and 

Bradstreet’s Web site at http:// 

www.dnb.com/us/. 

Regulatory Changes 

To ensure the confidentiality of the 

USPPI’s and the U.S. authorized agent’s 

personal information and to comply 

with the Privacy Act of 1974 and OMB 

guidance, the Census Bureau is 

amending relevant sections of the 

Foreign Trade Regulations (FTR) to 

specify the requirements for the 

reporting of an EIN, or DUNS in place 

of a Social Security Number for 

identification purposes in the AES. 

The Census Bureau is amending the 

following sections of the FTR: 

• Section 30.1(c) definition for Party 

ID type is revised to eliminate the SSN. 

• Sections 30.3(a) and 30.3(e) are 

revised to eliminate the requirement of 

reporting the SSN in the AES. 

• Sections 30.6(a) and 30.6(b) are 

revised to eliminate the SSN as an 

option for the USPPI and U.S. 

authorized agent identification number. 

The U.S. Department of State and U.S. 

Department of Homeland Security 

concur with the provisions contained in 

this Final Rule. 

Rulemaking Requirements 

Administrative Procedure Act 

The Census Bureau finds good cause 

pursuant to Title 5, United States Code, 

(U.S.C.), 553(b)(B) to waive prior notice 

and opportunity for public comment as 

it is impracticable and contrary to the 

public interest. To ensure the 

confidentiality of the USPPI and the 

U.S. authorized agent’s personal 

information and to comply with the 

Privacy Act of 1974, Title 5, U.S.C., 

Section 552a, the Census Bureau is 

amending appropriate sections of the 

Foreign Trade Regulations (FTR) to 

eliminate the reporting of the Social 

Security Number (SSN) by USPPIs and 

U.S. authorized agents. If this rule were 

delayed to allow for notice and 

opportunity for public comment, 

USPPIs and U.S. authorized agents 

would continue to be required to submit 

their SSN to the Census Bureau if they 

do not have an EIN or DUNS. Therefore, 

in order to maintain the security of 

personal information, and to comply 

with the Privacy Act of 1974, Title 5, 

U.S.C., Section 552a, the Census Bureau 

has determined that it will make this 

rule effective on September 4, 2009. 

Regulatory Flexibility Act 

Since notice and opportunity for 

comment are not required pursuant to 

Title 5, U.S.C., Section 553, or any other 

law, the analytical requirements of the 

Regulatory Flexibility Act are 

inapplicable. Therefore, a final 

regulatory flexibility analysis is not 

required and one has not been prepared. 

Executive Orders 

This rule has been determined to be 

not significant for purposes of Executive 

Order 12866. It has been determined 

that this rule does not contain policies 


srobinson on DSKHWCL6B1PROD with RULES
38916 Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Rules and Regulations 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

Paperwork Reduction Act 

The collection of information required 

in this final rule has been approved by 

the Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act (PRA). This rule amends a 

collection of information subject to the 

requirements of the PRA, Title 44, 

U.S.C., Chapter 35, which has been 

approved under OMB control number 

0607–0152. The reporting and 

recordkeeping burden for this 

requirement is estimated at three total 

burden minutes per AES filing. 

Notwithstanding any other provision of 

law, no person is required to respond to, 

nor shall a person be subject to a 

penalty for failure to comply with, a 

collection of information subject to the 

requirements of the PRA, unless that 

collection of information displays a 

current, valid OMB control number. 

List of Subjects in 15 CFR Part 30 

Economic statistics, Exports, Foreign 

trade, Reporting and Recordkeeping 

requirements. 

■ For the reasons set out in the 

preamble, Title 15, CFR part 30, is 

amended as follows: 

PART 30—FOREIGN TRADE 

REGULATIONS 

Subpart A—General Requirements 

■ 1. The authority citation for Part 30 

continues to read as follows: 

Authority: 5 U.S.C. 301; 13 U.S.C. 301– 

307; Reorganization Plan 5 of 1990 (3 CFR 

1949–1953 Comp., p.1004); Department of 

Commerce Organization Order No. 35–2A, 

July 22, 1987, as amended, and No. 35–2B, 

December 20, 1996, as amended; and Public 

Law 107–228, 116 Stat.1350. 

■ 2. In § 30.1 (c), revise the definition 

‘‘Party ID type’’ to read as follows: 

§ 30.1 Purpose and definitions. 

* * * * * 

(c) * * * 

Party ID type. Identifies whether the 

Party ID is an EIN, DUNS, or Foreign 

Entity reported to the AES, for example, 

E=EIN, D=DUNS, T=Foreign Entity. 

* * * * * 

■ 3. In § 30.3, revise paragraphs (a), 

(e)(1)(ii), and (e)(2)(vi) to read as 

follows: 

§ 30.3 Electronic Export Information filer 

requirements, parties to export 

transactions, and responsibilities of parties 

to export transactions. 

(a) General requirements. The filer of 

EEI for export transactions is either the 

USPPI, or the U.S. authorized agent. All 

EEI submitted to the AES shall be 

complete, correct, and based on 

personal knowledge of the facts stated 

or on information furnished by the 

parties to the export transaction. The 

filer shall be physically located in the 

United States at the time of filing, have 

an EIN or DUNS and be certified to 

report in the AES. In the event that the 

filer does not have an EIN or DUNS, the 

filer must obtain an EIN from the 

Internal Revenue Service. The filer is 

responsible for the truth, accuracy, and 

completeness of the EEI, except insofar 

as that party can demonstrate that it 

reasonably relied on information 

furnished by other responsible persons 

participating in the transaction. All 

parties involved in export transactions, 

including U.S. authorized agents, 

should be aware that invoices and other 

commercial documents may not 

necessarily contain all the information 

needed to prepare the EEI. The parties 

shall ensure that all information needed 

for reporting to the AES, including 

correct export licensing information, is 

provided to the U.S. authorized agent 

for the purpose of correctly preparing 

the EEI. 

* * * * * 

(e) * * * 

(1) * * * 

(ii) USPPI’s EIN or DUNS 

* * * * * 

(2) * * * 

(vi) EIN or DUNS of the authorized 

agent. 

* * * * * 

■ 4. In § 30.6, revise paragraphs 

(a)(1)(iii) and (b)(1)(i) to read as follows: 

§ 30.6 Electronic Export Information data 

elements. 

* * * * * 

(a) * * * 

(1) * * * 

(iii) USPPI identification number. The 

USPPI shall report its own IRS EIN in 

the USPPI field of the EEI. If the USPPI 

has only one EIN, report that EIN. If the 

USPPI has more than one EIN, report 

the EIN that the USPPI uses to report 

employee wages and withholdings, and 

not the EIN that is used to report only 

company earnings or receipts. If the 

USPPI does not have an EIN, the USPPI 

must obtain an EIN for reporting to the 

AES. Use of another company’s or 

individual’s EIN or other identification 

number is prohibited. The appropriate 

Party type code shall be reported 

through the AES. When a foreign entity 

is in the United States when the items 

are purchased or obtained for export, 

the foreign entity is the USPPI for filing 

purposes. In such situations, the foreign 

entity shall report a DUNS, border 

crossing number, passport number, or 

any number assigned by CBP. 

* * * * * 

(b) * * * 

(1) * * * 

(i) U.S. Authorized agent’s 

identification number. Report the U.S. 

authorized agent’s own EIN or DUNS for 

the first shipment and for each 

subsequent shipment. Use of another 

company’s or individual’s EIN or other 

identification number is prohibited. The 

party ID type of agent identification 

(E=EIN, D=DUNS) shall be indicated. 

* * * * * 

Dated: July 30, 2009. 

Robert M. Groves, 

Director, Bureau of the Census. 

[FR Doc. E9–18728 Filed 8–4–09; 8:45 am] 

BILLING CODE 3510–07–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0269] 

RIN 1625–AA00 

Safety Zone; Sea World Labor Day 

Fireworks, Mission Bay, San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the 

navigable waters of Mission Bay in 

support of the Sea World Labor Day 

Fireworks. This safety zone is necessary 

to provide for the safety of the 

participants, crew, spectators, 

participating vessels, and other vessels 

and users of the waterway. Persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this safety zone unless 

authorized by the Captain of the Port or 

his designated representative. 

DATES: This rule is effective from 8 p.m. 

to 10 p.m., each day, from September 5, 

2009 through September 7, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0269 and are available online by going 

to http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0269 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. They are 

also available for inspection or copying 

at two locations: The Docket 


srobinson on DSKHWCL6B1PROD with RULES