Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Proposed Rules 47527 

Service Bulletin 737–53A1166, dated June 

30, 1994; Boeing Service Bulletin 737– 

53A1166, Revision 1, dated May 25, 1995; or 

Part 6 of the Accomplishment Instructions of 

Boeing Alert Service Bulletin 737–53A1166, 

Revision 2, dated May 25, 2006; constitutes 

terminating action for the inspections 

required by this AD. 

(1) Installation of the preventative 

modification. 

(2) Replacement of the cracked chord and 

installation of the preventative modification. 

Alternative Methods of Compliance 

(AMOCs) 

(s)(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 e-mailed 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. 

(4) AMOCs approved for AD 95–12–17 are 

approved as AMOCs for the corresponding 

provisions of this AD. 

(5) For airplanes identified in tables 2, 3, 

and 5 of paragraph 1.E., ‘‘Compliance’’ of 

Boeing Alert Service Bulletin 737–53A1166, 

Revision 2, dated May 25, 2006: The 

Manager, Seattle ACO, approves the 

inspection methods, thresholds, and 

repetitive intervals therein as an AMOC for 

the inspections of Structurally Significant 

Items (SSIs) F–29A and F–29B required by 

paragraphs (g) and (h) of AD 2008–08–23, 

Amendment 39–15477 (Boeing 737–100/200/ 

200C Supplemental Structural Inspection 

Document (SSID) D6–37089, Revision E, 

dated May 1, 2007), and paragraphs (g) and 

(h) of AD 2008–09–13, Amendment 39– 

15494 (Boeing 737–400/500/600 SSID D6– 

82669, dated May 1, 2007). This approval 

applies only to SSIs F–29A and F–29B of the 

applicable SSID and only for the portions of 

the BS 727 outer chord that have been 

inspected or that have been repaired or 

modified in accordance with Boeing Alert 

Service Bulletin 737–53A1166, Revision 2, 

dated May 25, 2006. All provisions of ADs 

2008–08–23 and 2008–09–13 that are not 

specifically referenced in this paragraph 

remain fully applicable and must be done. If 

operators request this AMOC, they must 

revise their FAA-approved maintenance or 

inspection program to incorporate the 

alternative inspections in this paragraph. 

Related Information 

(t) For more information about this AD, 

contact Alan Pohl, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

ACO, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; phone: (425) 917– 

6450; fax: (425) 917–6590; e-mail: 

alan.pohl@faa.gov. 

(u) 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; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; e-mail 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 July 26, 

2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–19904 Filed 8–4–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Chapter VII 

[Docket No. 110711380–1379–01] 

RIN 0694–XA37 

Retrospective Regulatory Review 

Under E.O. 13563 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Notice of inquiry. 

SUMMARY: The Bureau of Industry and 

Security (BIS), Department of 

Commerce, is currently engaged in the 

Export Control Reform Initiative, which 

will fundamentally reform the U.S. 

export control system. Retrospective 

review of the regulations administered 

by BIS is an essential aspect of the 

Export Control Reform Initiative. In 

addition to this effort, and pursuant to 

President Obama’s direction in 

Executive Order 13563, BIS is 

conducting a retrospective review of 

portions of the Export Administration 

Regulations, Chemical Weapons 

Convention Regulations, Additional 

Protocol Regulations, and National 

Defense Industrial Base Regulations to 

determine how they might be clarified 

or streamlined to be more effective or 

less burdensome. Through this notice of 

inquiry, BIS seeks public comments on 

how it should undertake its 

retrospective review of regulations. 

DATES: Comments must be received by 

BIS no later than February 1, 2012. 

ADDRESSES: Comments may be 

submitted to the Federal rulemaking 

portal (http://www.regulations.gov). The 

regulations.gov ID for this notice of 

inquiry is: BIS–2011–0027. In order to 

maximize the open exchange of ideas, 

BIS strongly encourages comment 

submission through regulations.gov. 

However, comments may also be 

submitted via e-mail to 

publiccommments@bis.doc.gov or on 

paper to Regulatory Policy Division, 

Bureau of Industry and Security, Room 

2099B, U.S. Department of Commerce, 

Washington, DC 20230. Please refer to 

RIN 0694–XA37 in all comments and in 

the subject line of e-mail comments. All 

comments (including any personally 

identifying information) will be made 

available for public inspection and 

copying. 

FOR FURTHER INFORMATION CONTACT: 

Hillary Hess, Director, Regulatory Policy 

Division, Office of Exporter Services, 

Bureau of Industry and Security at 202– 

482–2440 or rpd2@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Order 13563 

On January 18, 2011, President Barack 

Obama issued Executive Order 13563, 

affirming general principles of 

regulation and directing government 

agencies to improve regulation and 

regulatory review. Among other things, 

the President stressed the need for the 

regulatory system to allow for public 

participation and an open exchange of 

ideas, as well as promote predictability 

and reduce uncertainty. The President 

also emphasized that regulations must 

be accessible, consistent, written in 

plain language, and easy to understand. 

As part of its ongoing effort to ensure 

that its regulations are clear, effective, 

and up-to-date, BIS is issuing this notice 

of inquiry soliciting public comments 

on its existing and proposed rules, with 

the exception of those rules related to 

the Export Control Reform Initiative, as 

described below. BIS requests that 

comments on rules related to export 

control reform be submitted in response 

to those specific rules and notices rather 

than to this broader notice of inquiry, 

which pertains to other aspects of the 

Export Administration Regulations and 

to the Chemical Weapons Convention 

Regulations, the Additional Protocol 

Regulations, and National Security 

Industrial Base Regulations. 

The Export Control Reform Initiative 

In August 2009, the President directed 

a broad-based interagency review of the 

U.S. export control system with the goal 


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47528 Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Proposed Rules 

of strengthening national security and 

the competitiveness of key U.S. 

manufacturing and technology sectors 

by focusing on current threats and 

adapting to the changing economic and 

technological landscape. The review 

determined that the current export 

control system is overly complicated, 

contains too many redundancies, and, 

in trying to protect too much, 

diminishes our ability to focus our 

efforts on the most critical national 

security priorities. As a result, the 

Administration began the Export 

Control Reform Initiative, which will 

fundamentally reform the U.S. export 

control system. The Export Control 

Reform Initiative is designed to enhance 

U.S. national security and strengthen 

the United States’ ability to counter 

threats such as the proliferation of 

weapons of mass destruction. The 

Administration determined that 

fundamental reform is needed in each of 

the export control system’s four 

component areas: transformation to a 

single control list, a single licensing 

agency, a single information technology 

system, and a single primary 

enforcement coordination agency. The 

Administration is implementing the 

reform in three phases. The first two 

phases involve short- and medium-term 

adjustments to the current export 

control system, with a focus on 

establishing harmonized control lists 

and processes among the Departments 

of Commerce, State, and the Treasury, to 

the extent practicable, in order to build 

toward the third phase of the single 

control list, licensing agency, 

information technology system, and 

enforcement coordination agency. 

Under this approach, new criteria for 

determining what items need to be 

controlled and a common set of policies 

for determining when an export license 

is required will be implemented. The 

control list criteria will be based on 

transparent rules, which will reduce the 

uncertainty faced by our allies, U.S. 

industry, and its foreign partners, and 

will allow the government to erect 

higher walls around the most sensitive 

items in order to enhance national 

security. 

On December 9, 2010, BIS issued a 

proposed rule (75 FR 76653) describing 

the proposed new License Exception 

Strategic Trade Authorization (STA) 

that will be an initial step in the Export 

Control Reform Initiative. License 

Exception STA will authorize, with 

conditions, the export, reexport and 

transfer (in-country) of specified items 

to destinations that pose relatively low 

risk of unauthorized uses. To safeguard 

against reexports to destinations that are 

not authorized under License Exception 

STA, it will impose notification and 

consignee statement requirements on 

these transactions. Also on December 9, 

BIS issued an Advance Notice of 

Proposed Rulemaking (75 FR 76664) 

soliciting public comments on how the 

descriptions of items on the Commerce 

Control List (CCL) could be clarified and 

made more ‘‘positive’’ in the sense of 

using objective parameters rather than 

subjective criteria to determine the 

items’ classifications, which in turn 

determine license requirements. This 

notice also sought public comments on 

‘‘tiering’’ items in a manner consistent 

with the control criteria the 

Administration has developed as part of 

the reform effort: The degree to which 

an item provides the United States with 

a critical, substantial, or significant 

military or intelligence advantage; and 

the availability of that item outside 

certain groups of countries. The 

Department of State’s Directorate of 

Defense Trade Controls published 

requests for comment on revisions to the 

U.S. Munitions List on December 10, 

2010 (75 FR 76930). 

BIS received numerous comments on 

the proposed License Exception STA 

and the CCL notice, most of them 

detailed, thoughtful, and technically 

expert. BIS issued the final rule 

implementing License Exception STA 

on June 16, 2011 (76FR 35276) having 

benefited significantly from such public 

participation, and anticipates that the 

continuing effort to coordinate, 

simplify, and harmonize export controls 

across agencies will be similarly 

informed by public response to the 

notice. 

A core proposal intended to bring 

about the initiative’s national security 

objectives is to transfer jurisdiction over 

less significant defense articles, 

principally generic parts and 

components, that are controlled by the 

regulations administered by the State 

Department to the export control 

regulations administered by the 

Commerce Department, which are more 

capable of having controls tailored to 

the significance of the item and the 

degree of risk associated with its export 

to different groups of countries. This 

plan will advance the national security 

objectives of export control reform by 

allowing for greater interoperability 

with our NATO partners and other close 

allies and also will strengthen the 

industrial base by removing incentives 

for foreign companies to design out or 

avoid US-origin content. This plan will 

also significantly reduce the licensing 

and other collateral burdens on 

exporters and the government while at 

the same time harmonizing the system 

to allow for the eventual creation of a 

single list of controlled items 

administered by a single licensing 

agency. (See ‘‘Proposed Revisions to the 

Export Administration Regulations 

(EAR): Control of Items the President 

Determines No Longer Warrant Control 

Under the United States Munitions List 

(USML),’’ published on July 15, 2011 

(76 FR 41958).) 

In the coming months, the agencies 

involved in the Export Control Reform 

Initiative will continue the regulatory 

modifications necessary to harmonize 

export control lists and definitions, 

which will involve issuing a number of 

proposals. This effort will draw heavily 

on the resources of those agencies, but 

it will require the efforts of members of 

the public as well, who take time from 

their normal duties to review proposals 

and submit comments. 

Export Administration Regulations 

The Export Control Reform Initiative 

is BIS’s top priority, and as noted above, 

BIS requests that submission of reformrelated comments be directed toward 

each specific proposal as it is published 

rather than as part of a general response 

to this notice of inquiry. Many key 

aspects of the EAR—which items are 

subject to the EAR and when they 

require licenses to which destination— 

will be addressed substantively by the 

Export Control Reform Initiative. In this 

notice of inquiry, BIS seeks comments 

on aspects of the EAR that are not 

immediately affected by the reform 

initiative and that could be clarified or 

streamlined to be more effective or less 

burdensome. 

Controls imposed by the EAR protect 

the national security and advance the 

foreign policy interests of the United 

States, creating a necessary licensing 

burden. This necessary licensing burden 

entails an equally necessary compliance 

burden. BIS seeks comments identifying 

any unnecessary compliance burden 

caused by rules that are unduly 

complex, outmoded, inconsistent, or 

overlapping, and comments identifying 

ways to make any aspect of the EAR 

more effectively protect the national 

security or advance the foreign policy 

interests of the United States. 

Chemical Weapons Convention 

Regulations 

The Chemical Weapons Convention 

Regulations (15 CFR parts 710 through 

729) (CWCR) implement certain 

obligations of the United States under 

the Convention on the Prohibition of the 

Development, Production, Stockpiling 

and Use of Chemical Weapons and on 

Their Destruction, known as the CWC or 

Convention. 


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Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Proposed Rules 47529 

Additional Protocol Regulations 

The Additional Protocol Regulations 

(15 CFR parts 781 through 786) (APR) 

implement certain obligations of the 

United States under the Protocol 

Additional to the Agreement Between 

the United States of America and the 

International Atomic Energy Agency 

Concerning the Application of 

Safeguards in the United States of 

America, known as the Additional 

Protocol. These obligations relate to 

nuclear fuel cycle-related activities. 

National Security Industrial Base 

Regulations 

The National Security Industrial Base 

Regulations (15 CFR 700 through 705) 

include the Defense Priorities and 

Allocations System, Reporting of Offsets 

Agreements in Sales of Weapon Systems 

or Defense-Related Items to Foreign 

Countries or Foreign Firms, and Effect 

of Imported Articles on the National 

Security. Because the rules regarding 

reporting of offsets agreements were 

recently revised (74 FR 68136), BIS is 

not soliciting comments on 15 CFR part 

701 with this notice of inquiry. BIS also 

published a proposed rule regarding the 

Defense Priorities and Allocations 

System Regulations (75 FR 32122) and 

has yet to publish a final rule. BIS is not 

soliciting comments on 15 CFR part 700 

with this notice of inquiry. 

Public Comments 

With respect to improving existing 

rules or eliminating outmoded ones, BIS 

would like to receive comments that are 

as specific and well-supported as 

possible. Helpful comments will 

include a description of a problem or 

concern, available data on cost or 

economic impact, and a proposed 

solution. BIS also welcomes comments 

on rules the public considers effective 

or well designed. BIS is also interested 

in information on foreign countries’ 

implementation of export controls. In 

the interest of fostering open exchange, 

BIS encourages those interested in 

submitting comments to peruse those 

already posted on regulations.gov. 

Dated: August 1, 2011. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2011–19947 Filed 8–4–11; 8:45 am] 

BILLING CODE 3510–33–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Parts 1, 23, and 39 

RIN 3038–AD51 

Customer Clearing Documentation and 

Timing of Acceptance for Clearing; 

Correction 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice of proposed rulemaking; 

Correction. 

SUMMARY: This document corrects 

incorrect text published in the Federal 

Register of August 1, 2011, regarding 

Customer Clearing Documentation and 

Timing of Acceptance for Clearing. 

FOR FURTHER INFORMATION CONTACT: John 

C. Lawton, Deputy Director and Chief 

Counsel, 202–418–5480, 

jlawton@cftc.gov, or Christopher A. 

Hower, Attorney-Advisor, 202–418– 

6703, chower@cftc.gov, Division of 

Clearing and Intermediary Oversight, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2011–19365 appearing on page 45737 in 

the Federal Register issue of Monday, 

August 1, 2011, the following 

corrections are made: 

§ 1.72 [Corrected] 

On page 45737, in the left column, in 

§ 1.72(e), the text ‘‘Prevents compliance 

with the time frames set forth in 

§ 1.73(a)(9)(ii), § 23.609(a)(9)(ii),’’ is 

corrected to read, ‘‘Prevents compliance 

with the time frames set forth in 

§ 1.74(b), § 23.610(b),’’. 

§ 23.608 [Corrected] 

On page 45737, in the middle column, 

in § 23.608(e), the text ‘‘Prevents 

compliance with the time frames set 

forth in § 1.73(a)(9)(ii), 

§ 23.609(a)(9)(ii),’’ is corrected to read, 

‘‘Prevents compliance with the time 

frames set forth in § 1.74(b), 

§ 23.610(b),’’. 

Dated: August 1, 2011. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 2011–19874 Filed 8–4–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 167 

[Docket No. USCG–2005–21650] 

Port Access Route Study: In the 

Waters of Montauk Channel and Block 

Island Sound 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of availability of 

Preliminary Study Recommendations 

with request for comments. 

SUMMARY: The Coast Guard announces 

the availability of Preliminary Study 

Recommendations of a Port Access 

Route Study evaluating the continued 

applicability of and the need for 

modifications to the current vessel 

routing measures in the Waters of 

Montauk Channel and Block Island 

Sound. The goals of the study are to 

help reduce the risk of marine casualties 

and increase vessel traffic management 

efficiency in the study area. Preliminary 

recommendations indicate that marine 

transportation safety would be 

enhanced through modifications to the 

existing vessel routing systems. The 

Coast Guard solicits comments on the 

preliminary recommendations 

presented in this document so we can 

complete our Port Access Route Study. 

DATES: Comments and related material 

must either be submitted to our online 

docket via http://www.regulations.gov 

on or before October 4, 2011 or reach 

the Docket management facility by that 

date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2005–21650 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 


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