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

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-user 

employment 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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
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 as 

a 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, OFFSHORE 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 Intracompany 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 international 

organization 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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010 / Proposed Rules 48627 

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 NonSubstantive 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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS