Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Rules and Regulations 5387 

SUPPLEMENTARY INFORMATION: 

Airworthiness Directive 2011–24–04, 

amendment 39–16868 (76 FR 73491, 

November 29, 2011), currently requires 

repetitive inspections for cracking on 

the lower cap of the rear spar of the left 

and right wings between stations 

Xors=417 and the outboard edge of the 

lower cap splice of the wing rear spar 

at station Xors=400; temporary and 

permanent repairs if necessary; and 

repetitive inspections of repaired areas, 

and corrective actions if necessary, for 

certain Model DC–10–10, DC–10–10F, 

and MD–10–10F airplanes. 

As published, the airplane 

manufacturer name specified in the 

subject line, product identification 

section, and paragraph (c) of AD 2011– 

24–04, Amendment 39–16868 (76 FR 

73491, November 29, 2011), is incorrect. 

As published, the email address 

provided in paragraphs (i)(1) and (j) of 

AD 2011–24–04, Amendment 39–16868 

(76 FR 73491, November 29, 2011), is 

incorrect. 

No other part of the preamble or 

regulatory information has been 

changed; therefore, only the changed 

portions of the final rule are being 

published in the Federal Register. 

The effective date of this AD remains 

January 3, 2012. 

Correction of Non-Regulatory Text 

In the Federal Register of November 

29, 2011, AD 2011–24–04, Amendment 

39–16868 (76 FR 73491, November 29, 

2011), is corrected as follows: 

On page 73491, in the second column, 

in the subject line, change the subject 

line to read as follows: 

‘‘Airworthiness Directives; The Boeing 

Company Airplanes.’’ 

Correction of Regulatory Text 

§ 39.13 [Corrected] 

■ In the Federal Register of November 

29, 2011, on page 73492, in the third 

column, the product identification line 

of AD 2011–24–04, Amendment 39– 

16868 (76 FR 73491, November 29, 

2011), is corrected to read as follows: 

* * * * * 

2011–24–04 The Boeing Company: 

Amendment 39–16868; Docket No. 

FAA–2010–1206; Directorate Identifier 

2009–NM–216–AD. 

* * * * * 

■ In the Federal Register of November 

29, 2011, on page 73492, in the third 

column, paragraph (c) of AD 2011–24– 

04 Amendment 39–16868 (76 FR 73491, 

November 29, 2011), is corrected to read 

as follows: 

* * * * * 

(c) Applicability 

This AD applies to The Boeing Company 

Model DC–10–10, DC–10–10F, and MD–10– 

10F airplanes; certificated in any category; as 

identified in Boeing Alert Service Bulletin 

DC10–57A156, Revision 2, dated August 23, 

2011. 

* * * * * 

■ In the Federal Register of November 

29, 2011, on page 73493, in the third 

column, paragraph (i)(1) of AD 2011– 

24–04 Amendment 39–16868 (76 FR 

73491, November 29, 2011), is corrected 

to read as follows: 

* * * * * 

(1) The Manager, Los Angeles 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: 

Nenita Odesa, Aerospace Engineer, Airframe 

Branch, ANM–120L, FAA, Los Angeles ACO, 

3960 Paramount Boulevard, Lakewood, 

California 97012–4137; phone: 562–627– 

5234; fax: 562–627–5210; email: 

nenita.odesa@faa.gov. 

* * * * * 

■ In the Federal Register of November 

29, 2011, on page 73494, in the first 

column, paragraph (j) of AD 2011–24–04 

Amendment 39–16868 (76 FR 73491, 

November 29, 2011), is corrected to read 

as follows: 

* * * * * 

(i) Related Information 

For more information about this AD, 

contact Nenita Odesa, Aerospace Engineer, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles ACO, 3960 Paramount Boulevard, 

Lakewood, California 97012–4137; phone: 

562–627–5234; fax: 562–627–5210; email: 

nenita.odesa@faa.gov. 

* * * * * 

Issued in Renton, Washington, on January 

23, 2012. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–2295 Filed 2–2–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 110718395–1482–01] 

RIN 0694–AF30 

Amendment to the Export 

Administration Regulations: Addition 

of a Reference to a Provision of the 

Iran Sanctions Act of 1996 (ISA) and 

Statement of the Licensing Policy for 

Transactions Involving Persons 

Sanctioned Under the ISA 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Final rule. 

SUMMARY: In this rule, the Bureau of 

Industry and Security (BIS) amends the 

Export Administration Regulations 

(EAR) to add a reference to the Iran 

Sanctions Act of 1996 (ISA), which 

states BIS’s licensing policy for export 

and reexport transactions that involve 

persons sanctioned pursuant to certain 

enumerated statutes. In this rule, BIS 

provides notice to the public that it has 

a general policy of denial for export and 

reexport license applications in which a 

person sanctioned by the State 

Department under the ISA is a party to 

the transaction. BIS also makes 

technical corrections to enhance clarity 

and consistency. 

DATES: This rule is effective February 3, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Theodore Curtin, Sr. Export Policy 

Analyst, Foreign Policy Controls 

Division, Bureau of Industry and 

Security, Department of Commerce, by 

telephone (202) 482–1975 or by email to 

theodore.curtin@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Basis of Amendment 

The Iran Sanctions Act of 1996 (50 

U.S.C. 1701 note) (ISA) requires the 

President to sanction persons 

determined to have engaged in certain 

actions that help Iran develop 

petroleum resources, produce refined 

petroleum resources, or acquire refined 

petroleum products. Sanctions must 

also be imposed, pursuant to the ISA, on 

persons determined to have taken 

certain actions to help Iran acquire or 

develop certain weapons of mass 

destruction, missiles, or advanced 

conventional weapons. In a September 

23, 2010 Presidential Memorandum, the 

President delegated the authority to 

impose sanctions under the ISA to the 

Secretary of State. 


tkelley on DSK3SPTVN1PROD with RULES
5388 Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Rules and Regulations 

Pursuant to that delegation, the State 

Department makes a determination 

whether to impose sanctions. Guidance 

on sanctions imposed by the Secretary 

of State under the ISA is available at 

http://www.state.gov/e/eeb/esc/ 

iransanctions/. Exporters should contact 

the Department of State directly if they 

have questions about ISA-related 

sanctions. 

Upon making its determination, the 

State Department publishes in the 

Federal Register notices of the 

imposition of sanctions under the ISA. 

There are several possible sanctions that 

may be imposed under the ISA 

including a prohibition implemented by 

BIS on the issuance by the U.S. 

Government of a specific license or 

other specific permission or authority to 

export goods or technology to a 

sanctioned person under the Export 

Administration Act of 1979, as amended 

(50 U.S.C. App. §§ 2401–2420). 

Amendment to the EAR: Addition of a 

Reference to the ISA 

This rule amends the Export 

Administration Regulations (EAR) at 15 

CFR 744.19 to state that, consistent with 

the sanctions programs described in 

Section 744.19(a), (b), and (c), BIS will 

apply a policy of denial when reviewing 

export or reexport license applications 

in which a person sanctioned under the 

ISA is a party to the transaction. 

Currently, Section 744.19 of the EAR 

states that BIS’s policy is to deny export 

or reexport license applications if a 

person who is a party to the transaction 

(i.e., the applicant, other party 

authorized to receive the license, 

purchaser, intermediate consignee, 

ultimate consignee, or end user) is 

subject to a sanction issued pursuant to 

one of three statutory authorities: (1) 

The Iran-Iraq Arms Nonproliferation Act 

of 1992 (Pub. L. 102–484); (2) the Iran, 

North Korea, and Syria Nonproliferation 

Act (Pub. L. 106–178); or (3) Section 

11B(b)(1)(B)(i) or (ii) of the Export 

Administration Act of 1979, as amended 

(50 U.S.C. App. §§ 2401–2420). In this 

rule, BIS amends Section 744.19 to add 

a reference to a fourth statute, the ISA. 

Also, this rule clarifies in Section 

744.19 that the policy of denial applies 

to any person sanctioned under one of 

the four statutes who is a party to the 

transaction (i.e., the applicant, other 

party authorized to receive a license, 

purchaser, intermediate consignee, 

ultimate consignee, or end-user). To 

make this clarification, this rule 

replaces the term ‘‘entity’’ that 

previously appeared in Section 744.19 

of the EAR with ‘‘person’’ in order to be 

consistent with the four statutes and 

BIS’s licensing policy under the EAR. 

As defined in the EAR, the term 

‘‘person’’ applies to both natural 

persons and entities such as 

corporations and organizations. 

Also, in this rule, BIS makes technical 

corrections to Section 744.19 of the EAR 

to update statutory citations and make 

conforming changes. This rule updates 

the reference to the Iran 

Nonproliferation Act of 2000, which has 

been amended on several occasions and 

is currently referred to as the Iran, North 

Korea, and Syria Nonproliferation Act, 

adds the U.S. Code citation for the Iran 

Nonproliferation Act of 2000, and 

amends the citations for the statutes 

referenced in Section 744.19(a), (b), and 

(c) to refer solely to the U.S. Code 

citations. 

Since August 21, 2001, the Export 

Administration Act of 1979, as 

amended, has been in lapse and the 

President, through Executive Order 

13222 of August 17, 2001 (3 CFR, 2001 

Comp. 783 (2002)), as extended most 

recently by the Notice of August 12, 

2011 (76 FR 50661 (August 16, 2011)), 

has continued the EAR in effect under 

the International Emergency Economic 

Powers Act. BIS continues to carry out 

the provisions of the Export 

Administration Act of 1979, as 

amended, as appropriate and to the 

extent permitted by law, pursuant to 

Executive Order 13222. 

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). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has been determined to be not 

significant for purposes of Executive 

Order 12866. 

2. Notwithstanding any other 

provisions of law, no person is required 

to respond to or 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 

involves a collection of information 

subject to the PRA. This collection has 

been approved by the Office of 

Management and Budget under control 

number 0694–0088, ‘‘Multi-Purpose 

Application,’’ which carries a burden 

hour estimate of 58 minutes to prepare 

and submit form BIS–748. Total burden 

hours associated with the PRA and 

OMB control number 0694–0088 are not 

expected to increase as a result of this 

rule. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. The provisions of the 

Administrative Procedure Act (5 U.S.C. 

553) requiring notice of proposed 

rulemaking, the opportunity for public 

participation, and a delay in effective 

date, are inapplicable because this 

regulation involves a military or foreign 

affairs function of the United States (see 

5 U.S.C. 553(a)(1)). Further, no other 

law requires that a notice of proposed 

rulemaking and an opportunity for 

public comment be given for this rule. 

Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

given for this rule by 5 U.S.C. 553, or 

by any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

not applicable. Therefore, this rule is 

issued in final form. 

List of Subjects in 15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

Accordingly, part 744 of the Export 

Administration Regulations (15 CFR 

Parts 730–774) is amended as follows: 

PART 744—[AMENDED] 

■ 1. The authority citation for 15 CFR 

Part 744 continues to read as follows: 

Authority: Et seq.; 42 U.S.C. 2139a; 22 

U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 

179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 

Comp., p. 608; 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. 

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 Comp., p. 783; E.O. 13224, 66 FR 

49079, 3 CFR, 2001 Comp., p. 786; Notice of 

January 13, 2011, 76 FR 3009 (January 18, 

2011); Notice of August 12, 2011, 76 FR 

50661 (August 16, 2011); Notice of November 

9, 2011, 76 FR 70319 (November 10, 2011). 

■ 2. Revise § 744.19 to read as follows: 

§ 744.19 Licensing Policy Regarding 

Persons Sanctioned Pursuant to Specified 

Statutes. 

Notwithstanding any other licensing 

policy elsewhere in the EAR, BIS will 

deny any export or reexport license 

application if any person who is a party 


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Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Rules and Regulations 5389 

to the transaction (i.e., the applicant, 

other party authorized to receive a 

license, purchaser, intermediate 

consignee, ultimate consignee, or enduser) is subject to one or more of the 

sanctions described in paragraphs (a), 

(b), (c), and (e) of this section and will 

deny any export or reexport license 

application for an item listed on the 

Commerce Control List with a reason for 

control of MT if a person who is a party 

to the transaction is subject to a sanction 

described in paragraph (d) of this 

section. 

(a) A sanction issued pursuant to the 

Iran-Iraq Arms Nonproliferation Act of 

1992 (50 U.S.C. 1701 note) that 

prohibits the issuance of any license to 

or by the sanctioned person. 

(b) A sanction issued pursuant to the 

Iran, North Korea, and Syria 

Nonproliferation Act (50 U.S.C. 1701 

note) that prohibits the granting of a 

license and requires the suspension of 

an existing license for the transfer to 

foreign persons of items, the export of 

which is controlled under the Export 

Administration Act of 1979, as amended 

(50 U.S.C. app. 2401–2420), or the 

Export Administration Regulations. 

(c) A sanction issued pursuant to 

section 11B(b)(1)(B)(ii) of the Export 

Administration Act of 1979, as amended 

(50 U.S.C. app. 2401–2420), that 

prohibits the issuance of new licenses 

for exports to the sanctioned person of 

items controlled pursuant to the Export 

Administration Act of 1979, as 

amended. 

(d) A sanction issued pursuant to 

section 11B(b)(1)(B)(i) of the Export 

Administration Act of 1979, as amended 

(50 U.S.C. app. 2401–2420), that 

prohibits the issuance of new licenses 

for exports to the sanctioned person of 

MTCR Annex equipment or technology 

controlled pursuant to the Export 

Administration Act of 1979, as 

amended. 

(e) A sanction issued pursuant to the 

Iran Sanctions Act of 1996 (50 U.S.C. 

1701 note) that prohibits the issuance of 

a specific license or grant of any other 

specific permission or authority to 

export any goods or technology to a 

sanctioned person under the Export 

Administration Act of 1979, as amended 

(50 U.S.C. app. 2401–2420). 

Dated: January 30, 2012. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2012–2465 Filed 2–2–12; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

50 CFR Part 679 

[Docket No. 110207103–2041–02] 

RIN 0648–BA80 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Chinook Salmon 

Bycatch Management in the Bering 

Sea Pollock Fishery; Economic Data 

Collection 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues a final rule to 

implement the Chinook Salmon 

Economic Data Report Program, which 

will evaluate the effectiveness of 

Chinook salmon bycatch management 

measures for the Bering Sea pollock 

fishery that were implemented under 

Amendment 91 to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP). Members of 

the American Fisheries Act catcher 

vessels, catcher/processor, and 

mothership sectors as well as 

representatives for the six western 

Alaska Community Development Quota 

Program organizations that presently 

receive allocations of Bering Sea pollock 

will submit the data collected for this 

program. This rule is intended to 

promote the goals and objectives of the 

FMP, the Magnuson-Stevens Fishery 

Conservation and Management Act, and 

other applicable law. 

DATES: This final rule is effective March 

5, 2012. 

ADDRESSES: Electronic copies of this 

rule, the Regulatory Impact Review 

(RIR), and Final Regulatory Flexibility 

Analysis (FRFA) may be obtained from 

the NMFS Alaska Region Web site at 

http://alaskafisheries.noaa.gov. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this final rule 

may be submitted by mail to NMFS, 

Alaska Region, P.O. Box 21668, Juneau, 

AK 99802–1668, Attn: Ellen Sebastian, 

Records Officer; in person at NMFS, 

Alaska Region, 709 West 9th Street, 

Room 420A, Juneau, Alaska; by email to 

OIRA_Submission@omb.eop.gov; or by 

fax to (202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hartman, (907) 586–7442, or Patsy A. 

Bearden, (907) 586–7008. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the U.S. groundfish fisheries of 

the Bering Sea and Aleutian Islands 

Management Area (BSAI) in the 

Exclusive Economic Zone under the 

Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area 

(FMP). The North Pacific Fishery 

Management Council (Council) 

prepared the FMP pursuant to the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) 16 U.S.C. 1801, 

et seq. Regulations implementing the 

FMP appear at 50 CFR part 679. General 

regulations that pertain to U.S. fisheries 

appear at subpart H of 50 CFR part 600. 

This rule implements the Chinook 

Salmon Economic Data Report (EDR) 

Program, which will provide NMFS 

with additional data to assess the 

effectiveness of the Chinook salmon 

bycatch management measures 

implemented under Amendment 91 to 

the FMP. The EDR consists of one new 

data collection and two revised data 

collections. The Chinook Salmon EDR 

program applies to owners and 

operators of catcher vessels, catcher/ 

processors, motherships, and the six 

Western Alaska Community 

Development Quota (CDQ) Program 

groups qualified to participate in the 

pollock (Theragra chalcogramma) 

fishery in the Bering Sea subarea of the 

BSAI. This rule also applies to the 

representatives of the above described 

participants in the Bering Sea pollock 

fishery. 

Background 

NMFS implemented Amendment 91 

(75 FR 53026, August 30, 2010) to 

balance the need to minimize bycatch of 

Chinook salmon in the Bering Sea 

pollock fishery with the potential costs 

of bycatch restrictions on the pollock 

fishery. In addition to limiting the 

amount of Chinook salmon that may be 

caught by the pollock fishery, 

Amendment 91 includes innovative 

industry-designed incentives, such as 

the use of penalties for vessels that 

exceed a sector-established Chinook 

salmon PSC limit. These industryenforced incentives are intended to 

minimize Chinook salmon bycatch to 

the extent practicable in all years, and 

to prevent bycatch from reaching the 

established limit in most years. 

Amendment 91 also allows NMFS to 

allocate transferrable Chinook salmon 

prohibited species catch (PSC) to an 

entity representing the catcher/ 


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