78576 Federal Register / Vol. 76, No. 243 / Monday, December 19, 2011 / Proposed Rules 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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): 

The Boeing Company: Docket No. FAA– 

2011–1322; Directorate Identifier 2011– 

NM–211–AD. 

(a) Comments Due Date 

We must receive comments by February 2, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all The Boeing 

Company Model 767–200, –300, –300F, and 

–400ER series airplanes; certificated in any 

category. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 57, Wings. 

(e) Unsafe Condition 

This AD was prompted by reports of cracks 

of the underwing longeron fittings in the 

wing center section. We are issuing this AD 

to detect and correct such cracking, which 

could result in loss of the primary load path 

between the fuselage and the wing box, and 

consequent catastrophic damage to the wing 

box and failure of the wing. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Inspections, Related Investigative 

Actions, and Corrective Actions 

Except as provided by paragraphs (h)(2) 

and (h)(3) of this AD, at the applicable time 

specified in paragraph 1.E., ‘‘Compliance,’’ of 

Boeing Alert Service Bulletin 767–57A0126, 

dated August 12, 2011: Do a high frequency 

eddy current (HFEC) inspection to detect 

cracking of the underwing longeron fitting; 

and do all applicable related investigative 

and corrective actions; in accordance with 

the Accomplishment Instructions of Boeing 

Alert Service Bulletin 767–57A0126, dated 

August 12, 2011, as revised by Boeing 

Service Bulletin 767–57A0126, Revision 1, 

dated November 9, 2011 (short form 

revision), except as provided by paragraph 

(h)(1) of this AD. Do all applicable related 

investigative and corrective actions before 

further flight. Repeat the inspection of the 

underwing longeron fitting thereafter at the 

applicable time and intervals specified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Alert Service Bulletin 767–57A0126, dated 

August 12, 2011. 

(h) Exceptions to Paragraph (g) of This AD 

(1) If, during accomplishment of the related 

investigative action required by this AD, any 

cracking is found, and Boeing Alert Service 

Bulletin 767–57A0126, dated August 12, 

2011, specifies to contact Boeing for repair 

instructions: Before further flight, do the 

repair using a method approved in 

accordance with the procedures specified in 

paragraph (i) of this AD. 

(2) Where Paragraph 1.E., ‘‘Compliance,’’ of 

Boeing Alert Service Bulletin 767–57A0126, 

dated August 12, 2011, specifies a 

compliance time ‘‘after the original issue date 

of this service bulletin,’’ this AD requires 

compliance within the specified compliance 

time ‘‘after the effective date of this AD.’’ 

(3) The Condition column of Paragraph 

1.E., ‘‘Compliance,’’ of Boeing Alert Service 

Bulletin 767–57A0126, dated August 12, 

2011, refers to total flight cycles and total 

flight hours ‘‘as of the original issue date of 

this service bulletin.’’ However, this AD 

applies to the airplanes with the specified 

total flight cycles or total flight hours ‘‘as of 

the effective date of this AD.’’ 

Note 1: The service bulletin 

accomplishment instructions might refer to 

other procedures. When the words ‘‘refer to’’ 

are used and the operator has an accepted 

alternative procedure, the accepted 

alternative procedure can be used to comply 

with the AD. When the words ‘‘in accordance 

with’’ are included in the instruction, the 

procedure in the service bulletin must be 

used to comply with the 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 the 

Related Information section of this AD. 

Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@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 

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. 

(j) Related Information 

(1) For more information about this AD, 

contact Berhane Alazar, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office (ACO), 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; phone: (425) 917–6577; fax: (425) 917– 

6590; email: Berhane.Alazar@faa.gov. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; phone: 

(206) 544–5000, extension 1; fax: (206) 766– 

5680; email: me.boecom@boeing.com; 

Internet: https://www.myboeingfleet.com. 

You may review copies of the referenced 

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. 

Issued in Renton, Washington, on 

December 9, 2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–32387 Filed 12–16–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–1275; Airspace 

Docket No. 11–ANM–26] 

Proposed Amendment of Class E 

Airspace; Hugo, CO 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace at Hugo, CO. 

Decommissioning of the Hugo Tactical 

Air Navigation System (TACAN) has 

made this action necessary for the safety 

and management of Instrument Flight 

Rules (IFR) operations in the vicinity of 

the Hugo Very High Frequency OmniDirectional Radio Range/Distance 

Measuring Equipment (VOR/DME). This 

action also would make a minor 

adjustment to the geographic 

coordinates of the VOR/DME and make 

a correction to the regulatory text. 

DATES: Comments must be received on 

or before February 2, 2012. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590; telephone (202) 

366–9826. You must identify FAA 

Docket No. FAA–2011–1275; Airspace 

Docket No. 11–ANM–26, at the 

beginning of your comments. You may 


emcdonald on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 243 / Monday, December 19, 2011 / Proposed Rules 78577 

also submit comments through the 

Internet at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA 

2011–1275 and Airspace Docket No. 11– 

ANM–26) and be submitted in triplicate 

to the Docket Management System (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at 

http://www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2011–1275 and 

Airspace Docket No. 11–ANM–26’’. The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRM’s 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for the address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

federal holidays. An informal docket 

may also be examined during normal 

business hours at the Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Center, 

Operations Support Group, 1601 Lind 

Avenue SW., Renton, WA 98057. 

Persons interested in being placed on 

a mailing list for future NPRM’s should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) Part 71 by amending Class E 

airspace extending upward from 700 

feet above the surface in the vicinity of 

the Hugo VOR/DME, CO. The airspace 

update is necessary due to the 

decommissioning of the Hugo TACAN, 

changing to a VOR/DME. Also during 

the review process it was discovered 

that there was a mistake in the 

regulatory text, this action will make a 

correction by replacing V–19 with V–83. 

Also, the geographic coordinates of the 

VOR/DME would be updated to 

coincide with the FAA’s aeronautical 

database. Controlled airspace is 

necessary for the safety and 

management of IFR operations in the 

vicinity of the Hugo VOR/DME. 

Class E airspace designations are 

published in paragraph 6005, of FAA 

Order 7400.9V, dated August 9, 2011, 

and effective September 15, 2011, which 

is incorporated by reference in 14 CFR 

Part 71.1. The Class E airspace 

designation listed in this document will 

be published subsequently in this 

Order. 

The FAA has determined this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed regulation: (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); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified this proposed rule, when 

promulgated, would not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106, describes the authority for 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This proposal is within the 

scope of that authority as it would 

amend controlled airspace at Hugo, CO. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 14 CFR Part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for 14 CFR 

Part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR Part 71.1 of the Federal Aviation 

Administration Order 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, and effective 

September 15, 2011 is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth 

* * * * * 

ANM CO E5 Hugo, CO [Amended] 

Hugo VOR/DME 

(Lat. 38°49′03′′ N., long. 103°37′17′′ W.) 

That airspace south and east of the Hugo 

VOR/DME extending upward from 8,500 feet 

MSL, bounded on the west by V–83, on the 

northwest by V–108 and V–169, on the north 

by V–4, on the northeast by V–17, on the 

southeast by V–216, and on the south by V– 

210, excluding the airspace within Federal 

Airways. 


emcdonald on DSK5VPTVN1PROD with PROPOSALS
78578 Federal Register / Vol. 76, No. 243 / Monday, December 19, 2011 / Proposed Rules 

Issued in Seattle, Washington, on 

December 12, 2011. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2011–32450 Filed 12–16–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF STATE 

22 CFR Parts 120, 122, 126, 127, and 

129 

RIN 1400–AC37 

[Public Notice 7732] 

Amendment to the International Traffic 

in Arms Regulations: Registration and 

Licensing of Brokers, Brokering 

Activities, and Related Provisions 

AGENCY: Department of State. 

ACTION: Proposed rule. 

SUMMARY: The Department of State 

proposes to amend part 129 of the 

International Traffic in Arms 

Regulations (ITAR) relating to brokers 

and brokering activities. Amendments 

are also to be made to related provisions 

of the ITAR. The proposed revisions are 

intended to clarify registration 

requirements, the scope of brokering 

activities, prior approval requirements 

and exemptions, procedures for 

obtaining prior approval and guidance, 

and reporting and recordkeeping of such 

activities. Conforming and technical 

changes would be made to other parts 

of the ITAR that affect export as well as 

brokering activities. 

DATES: The Department will accept 

comments on this proposed rule until 

February 17, 2012. 

ADDRESSES: Interested parties may 

submit comments within 60 days of the 

date of publication by one of the 

following methods: 

• Email: 

DDTCResponseTeam@state.gov with the 

subject line, ‘‘Brokering Rule 

Comments.’’ 

• Internet: At www.regulations.gov, 

search for this notice by using this rule’s 

RIN (1400–AC37). 

Comments received after that date will 

be considered if feasible, but 

consideration cannot be assured. Those 

submitting comments should not 

include any personally identifying 

information they do not desire to be 

made public or information for which a 

claim of confidentiality is asserted 

because those comments and/or 

transmittal emails will be made 

available for public inspection and 

copying after the close of the comment 

period via the Directorate of Defense 

Trade Controls Web site at 

www.pmddtc.state.gov. Parties who 

wish to comment anonymously may do 

so by submitting their comments via 

www.regulations.gov, leaving the fields 

that would identify the commenter 

blank and including no identifying 

information in the comment itself. 

Comments submitted via 

www.regulations.gov are immediately 

available for public inspection. 

FOR FURTHER INFORMATION CONTACT: 

Daniel L. Cook, Chief, Compliance and 

Registration Division, Office of Defense 

Trade Controls Compliance, Department 

of State, 12th Floor, SA–1, 2401 E Street 

NW., Washington, DC 20037; or email: 

DDTCResponseTeam@state.gov, with 

the subject line ‘‘Brokering Rule 

Comments.’’ 

SUPPLEMENTARY INFORMATION: This 

proposed rule would make changes to 

part 129 and other related sections of 

the ITAR that regulate brokers and 

brokering activities and implement the 

brokering amendment to the Arms 

Export Control Act (AECA) (Sec. 

38(b)(1)(A)(ii) of the AECA, 22 U.S.C. 

2778(b)(1)(A)(ii)). 

Background 

The Arms Export Control Act was 

amended in 1996 (Pub. L. 104–164) to 

provide for the regulation of brokering 

activities. The following year, 

implementing regulations were added to 

the ITAR in part 129. These regulations 

have remained unchanged except for 

two minor technical changes. 

In 2003, in a report to Congress, the 

Department of State noted that it was 

beginning a review of the brokering 

regulations. The purpose of the review 

was to assess the need to modify the 

regulations in light of the experience 

gained in administering them. The 

changes proposed in this notice stem 

from this experience. They were also 

shaped by comments received from 

other agencies and industry, including 

the Defense Trade Advisory Group, a 

Department of State advisory 

committee. 

Revisions Relevant to Industry 

Concerns 

Changes are proposed to key 

provisions involving definitions, 

registration, licensing, exemptions, and 

reporting procedures. Some of these 

changes will result in a reduction of 

burden to the affected public. New 

exemptions are proposed, requirements 

for prior notification would be 

eliminated, and detailed guidance on 

obtaining a brokering authorization 

would be provided. The proposed 

changes also provide additional 

specificity regarding the applicability of 

these regulations to foreign brokers 

operating overseas. 

Summary of Major Changes 

Definitions of Broker and Brokering 

Activities 

The definitions in current § 129.2(a) 

and (b) would be amended to clarify the 

terms ‘‘broker’’ and ‘‘brokering 

activities.’’ The revision also would 

more closely track the statutory 

definition of brokering activities in the 

Arms Export Control Act, which 

provides that brokering activities shall 

include the financing, transportation, 

freight forwarding, or taking of any 

other action that facilitates the 

manufacture, export, or import of a 

defense article or defense service. The 

proposal would delete the phrase ‘‘who 

acts as an agent for others’’ that is in the 

current regulatory definition of 

‘‘broker,’’ but is not in the definition of 

‘‘brokering activities’’ in the Arms 

Export Control Act. Under current 

definitions, part 129 applies to U.S. 

persons who conduct brokering 

activities in the U.S. or abroad. It also 

applies to foreign persons who conduct 

brokering activities in the U.S., or 

abroad if subject to U.S. jurisdiction. 

Proposed § 129.2(d)(3)–(5) clearly 

indicate when a foreign person’s 

brokering activities are subject to the 

ITAR. 

New § 129.2(e)(3) would clarify that 

brokering does not include activities 

that do not extend beyond 

administrative services such as 

providing or arranging office space and 

equipment, hospitality, advertising, or 

clerical, visa, or translation services, or 

does not include activities beyond the 

provision of legal advice by an attorney 

to his client. 

Brokering and U.S. Government 

Employees 

New § 129.2(e)(1) would continue to 

exclude from the definition of 

‘‘brokering activities’’ actions by U.S. 

persons in the United States that are 

limited to facilitating U.S. domestic 

sales or transfers. New § 129.2 (e)(2) 

would add a new exclusion from the 

definition of ‘‘brokering activities’’ for 

such activities by employees of the U.S. 

Government acting in an official 

capacity. The proposed exclusion would 

clarify that the U.S. Government and its 

officers or employees acting in an 

official capacity are not merely exempt 

from the requirements to register and 

obtain licenses, but rather are not 

covered by part 129 at all. 


emcdonald on DSK5VPTVN1PROD with PROPOSALS