### 48625 Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010 / Proposed Rules

**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– 2010–0796; Directorate Identifier 2010– NM–007–AD.

Comments Due Date

(a) We must receive comments by September 27, 2010.

Affected ADs

(b) None.
Applicability

(c) This AD applies to The Boeing Company Model 767–300 series airplanes, certificated in any category, as identified in Boeing Special Attention Service Bulletin 767–53–0207, dated December 17, 2009.
Subject

(d) Air Transport Association (ATA) of America Code 53: Fuselage.

Unsafe Condition

(e) This AD results from reports of cracking found in the section 46 fuselage lower skin around the periphery of the very high frequency (VHF) antenna baseplate at station 1197 + 99. The Federal Aviation Administration is issuing this AD to detect and correct fatigue cracks in the fuselage skin and internal backup structure, which could result in rapid decompression of the airplane.
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.
Inspections

(g) Inspect for cracks in the fuselage skin and backup structure at the lower VHF antenna cutout at station 1197 + 99, between stringers 39L and 39R, by doing an external detailed inspection, with the antenna removed, of the fuselage structure at the lower aft VHF antenna cutout, and an internal detailed inspection of the backup structure. Do the inspections in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 767–53–0207, dated December 17, 2009 ( ‘‘the service bulletin’’ ). Do the inspections at the applicable time specified in paragraph 1.E.,

‘‘Compliance, ’’ of the service bulletin, except, where the service bulletin specifies a compliance after the date on the service bulletin, this AD requires compliance within the specified time after the effective date of this AD.

(1) If no crack is found, repeat the external detailed inspection, without removing the antenna, at intervals not to exceed 3,000 flight cycles.

(2) If any crack is found in the fuselage, repair before further flight, in accordance with the service bulletin. Accomplishment of this repair terminates the repetitive external detailed inspections of the fuselage skin required by this AD.

(3) If any crack is found in the backup structure, before further flight, repair or replace the cracked part(s), in accordance with the service bulletin.
Alternative Methods of Compliance (AMOCs)

(h)(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. Send information to ATTN: Berhane Alazar, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue, SW., Renton, Washington 98057– 3356; telephone 425–917–6577; fax 425–917– 6590. Information may be e-mailed to 9- ANM-Seattle-ACO-AMOC-Requests@faa.gov.

(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 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. The AMOC approval letter must specifically refer to 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, Seattle 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.

Issued in Renton, Washington, on August 4, 2010. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2010–19832 Filed 8–10–10; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF STATE**

**22 CFR Parts 124 and 126**

**[Public Notice: 7116]**

**RIN 1400–AC68**

**Amendment to the International Traffic in Arms Regulations: Dual Nationals**  **and Third-Country Nationals Employed by End-Users** 

**AGENCY :**  Department of State.

**ACTION :**  Proposed rule.

**SUMMARY :**  The Department of State is proposing to amend the International Traffic in Arms Regulations (ITAR) to update the policies regarding end-useremployment of dual nationals and thirdcountry nationals. **DATES :**  Comment Due Date: The Department of State will accept comments on this proposed rule until September 10, 2010.

**ADDRESSES :**  Interested parties may submit comments within 30 days of the date of the 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 Change—Nationals, 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 :**  Director Charles B. Shotwell, Office of Defense Trade Controls Policy, Department of State, Telephone (202) 663–1282 or Fax (202) 261–8199; E-mail DDTCResponseTeam@state.gov. ATTN: Regulatory Change, Nationals.

**SUPPLEMENTARY INFORMATION :**  This is part of the President’s Export Control Reform effort. The Department of State is amending Parts 124 and 126 of the ITAR to reflect new policy regarding end-user employment of dual-nationals and third-country nationals.

As a result of the President’s Task Force on Export Control Reform, the previous policy regarding the treatment of dual nationals and foreign nationals was reconsidered. The current requirement for the provision of additional information within a license to cover dual national and third-country national foreign employees has created a tremendous administrative burden on approved end-users and has evolved into a human rights issue, which has become a focus of contention between the U.S. and allies and friends without a commensurate gain in national security. Based on available intelligence and law enforcement information, and given the current licensing requirements regarding access by dual or third country national employees, most diversions of U.S. Munitions List (USML) items appears to occur outside the scope of approved licenses, not within foreign companies or organizations providing access to properly screened dual national or third country national employees. This amendment will place the affirmative responsibility upon the foreign company, government, or international organization, with the understanding


### 48626 Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010 / Proposed Rules

that by accepting the USML defense article, they must comply with the provisions of U.S. laws and regulations to prevent the possible diversion of U.S. defense articles and technology. This change, by no means, reduces the due diligence requirements of the applicant to ensure, to the best of their ability, that the end-use and end-user are consistent with the approved authorization. The Department views due diligence as a requirement for security clearances or other effective screening procedures asa condition for access to ITARcontrolled defense articles and technology. Regulatory Analysis and Notices

Administrative Procedure Act

This amendment involves a foreign affairs function of the United States and, therefore, is not subject to the procedures contained in 5 U.S.C. 553 and 554. Regulatory Flexibility Act

Since this amendment is not subject to the provisions of 5 U.S.C. 553(b), it does not require analysis under the Regulatory Flexibility Act. Unfunded Mandates Reform Act of 1995

This amendment does not involve a mandate that will result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of
1995. Small Business Regulatory Enforcement Fairness Act of 1996

This amendment has been found not to be a major rule within the meaning of the Small Business Regulatory Enforcement Fairness Act of 1996.

Executive Orders 12372 and 13132

This amendment will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, it is determined that this amendment does not have sufficient federalism implications to require consultations or warrant the preparation of a federalism summary impact statement. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this amendment.

Executive Order 12866

This amendment is exempt from review under Executive Order 12866, but has been reviewed internally by the Department of State to ensure consistency with the purposes thereof.

Executive Order 12988

The Department of State has reviewed the proposed amendment in light of sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden.

Executive Order 13175

The Department of State has determined that this rulemaking will not have tribal implications, will not impose substantial direct compliance costs on Indian tribal governments, and will not pre-empt tribal law. Accordingly, the requirement of Section 5 of Executive Order 13175 does not apply to this rulemaking. Paperwork Reduction Act

This 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 124 and Part 126

Arms and munitions, Exports. For the reasons set out in the preamble, the Department of State, proposes to amend 22 CFR parts 124 and 126 as follows:

**PART 124—AGREEMENTS, OFF SHORE PROCUREMENT AND OTHER**  **DEFENSE SERVICES**

1. The authority citation for part 124 continues to read as follows:

Authority: Sec. 2, 38, and 71, Pub. L. 90– 629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2797); 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

2. In § 124.8, paragraph (5) is revised to read as follows:

**§ 124.8 Clauses required both in manufacturing license agreements and**  **technical assistance agreements.**
* * * * *

(5) The technical data or defense service exported from the United States in furtherance of this agreement and any defense article which may be produced or manufactured from such technical data or defense service may not be transferred to a foreign person except pursuant to § 126.18 or as specifically authorized in this agreement unless the prior written approval of the Department of State has been obtained.

* * * * *

**§ 126.16 [Removed]**

3. Section 124.16 is removed.

**PART 126—LICENSE FOR THE EXPORT OF DEFENSE ARTICLES** 

4. 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.

**§§ 126.16 and 126.17 [Reserved]**

5. Sections 126.16 and 126.17 are reserved.

6. Section 126.18 is added to read as follows:

**§ 126.18 Exemptions Regarding Intra company Transfers to Employees who are**  **Dual Nationals or Third-Country Nationals.**

(a) Subject to the requirements of paragraphs (b) and (c) of this section, no approval is needed from the Directorate of Defense Trade Controls (DDTC) for the transfer of defense articles, including technical data, within a foreign business entity, foreign governmental entity, or internationalorganization that is an approved enduser or consignee for those defense articles (including technical data), including the transfer to dual nationals or third country nationals who are bona fide, regular employees, directly employed by the foreign business entity, foreign governmental entity, or international organization. The transfer of defense articles pursuant to this section must take place completely within the physical territories of the country where the end-user is located or the consignee operates, and be within the scope of an approved export license, other export authorization, or license exemption.

(b) The provisions of § 127.1(b) are applicable to any transfer under this section. As a prerequisite to receiving any defense article, any foreign business entity, foreign governmental entity, or international organization, as a ‘‘foreign
person’’ within the meaning of § 120.16, that receives a defense article, including technical data, is responsible for implementing effective procedures to prevent diversion to destinations, entities, or for purposes other than those authorized by the applicable export license or other authorization (e.g., written approval or exemption) and


### 48627 Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010 / Proposed Rules

must comply with U.S. laws and regulations (including the ITAR).

(c) (1)Pursuant to paragraph (b) of this section, the end-users or consignees can meet the above conditions, prior to access to defense articles, by requiring:

(i) A security clearance approved by the host nation government for its employees, or

(ii) The end-user or consignee have in place a process to screen its employees and to have executed a Non-Disclosure Agreement that provides assurances that the employee will not transfer any information to persons or entities unless specifically authorized by the consignee or end-user.

(2) The end-user or consignee must screen its employees for substantive contacts with restricted or prohibited countries listed in § 126.1. Substantive contacts include, but are not limited to, recent or regular travel to such countries, recent or continuing contact with agents and nationals of such countries, continued allegiance to such countries, or acts otherwise indicating a risk of diversion. Though nationality does not, in and of itself, prohibit access to defense articles or defense services, an employee that has substantive contacts with persons from countries listed in § 126.1(a) shall be presumed to raise a risk of diversion, unless DDTC determines otherwise. End-users and consignees must maintain a technology security/clearance plan that details its procedures for screening employees for such substantive contacts and maintain records of such screening. The technology security/clearance plan and screening records will be available to DDTC or its agents upon request.

Dated: July 8, 2010. Ellen O. Tauscher, Under Secretary, Arms Control and International Security, Department of State.
[FR Doc. 2010–19833 Filed 8–10–10; 8:45 am]

**BILLING CODE 4710–25–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R03–OAR–2008–0871; FRL–9188–4]**

**Approval and Promulgation of Air Quality Implementation Plans;**  **Maryland; Transportation Conformity Regulations; Withdrawal of Proposed**  **Rule**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Withdrawal of proposed rule.

**SUMMARY :**  On June 18, 2010 (75 FR 34669), EPA published a proposed rule to approve revisions to the Maryland State Implementation Plan (SIP). The revisions amended Maryland’s transportation conformity regulations and general conformity regulations. EPA’s approval did not include Maryland’s regulation regarding conflict resolution associated with conformity determinations (COMAR 26.11.26.06). EPA has determined that it cannot proceed with approval of these SIP revisions until and unless it also approves Maryland’s regulation regarding conflict resolution associated with conformity determinations. Therefore, EPA is withdrawing its proposed rule to approve Maryland’s conformity regulations. This withdrawal action is being taken under section 110 of the Clean Air Act.

**DATES :**  The proposed rule published June 18, 2010 (75 FR 34669) is withdrawn as of August 11, 2010.

**ADDRESSES :**  EPA has established docket number EPA–R03–OAR–2008–0871 for this action. The index to the docket is available electronically at http:// www.regulations.gov and in hard copy at Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

**FOR FURTHER INFORMATION CONTACT :** Martin Kotsch, (215) 814–3335, or by email at kotsch.martin@epa.gov. List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds.

Dated: August 2, 2010. W. C. Early, Acting Regional Administrator, Region III.
[FR Doc. 2010–19804 Filed 8–10–10; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA R03–OAR–2009–0606; FRL–9186–7]**

**Approval and Promulgation of Air Quality Implementation Plans;** **Delaware; Administrative and Non Substantive Changes to Existing**  **Delaware SIP Regulations**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule. **SUMMARY :**  EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of Delaware consisting of administrative and non-substantive changes to the Delaware air pollution control regulations which EPA has previously approved as part of the Delaware State Implementation Plan (SIP). In the Final Rules section of this Federal Register

, EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

**DATES :**  Comments must be received in writing by September 10, 2010.

**ADDRESSES :**  Submit your comments, identified by Docket ID Number EPA– R03–OAR–2009–0606 by one of the following methods:

A. http://www.regulations.gov. Follow the on-line instructions for submitting
comments.

B. E-mail: frankford.harold@epa.gov. C. Mail: EPA–R03–OAR–2009–0606, Harold A. Frankford, Air Protection Division, Mailcode 3AP00, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

D. Hand Delivery: At the previouslylisted EPA Region III address. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2009– 0606. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at http:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or e-mail. The http://www.regulations.gov Web site is

an ‘‘anonymous access ’’ system, which