3552 Federal Register / Vol. 61, No. 22 / Thursday, February 1, 1996 / Rules and Regulations

current configuration eliminates the unsafe

condition; or different actions necessary to

address the unsafe condition described in

this AD. Such a request should include an

assessment of the effect of the changed

configuration on the unsafe condition

addressed by this AD. In no case does the

presence of any modification, alteration, or

repair remove any airplane from the

applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent separation of the engine from

the airplane, accomplish the following:

(a) Within 90 days after the effective date

of this AD, accomplish the requirements of

paragraphs (a)(1) and (a)(2) of this AD in

accordance with Boeing Alert Service

Bulletin 747–71A2277, dated November 29,

1995.

(1) Perform a visual inspection to ensure

that installation of the tangential link upper

bolt nut is on the forward side of the engine

mount fitting.

(i) If the tangential link upper bolt nut is

installed on the forward side of the engine

mount fitting, repeat the visual inspection at

intervals not to exceed 18 months.

(ii) If the tangential link upper bolt is not

installed on the forward side of the engine

mount fitting, prior to further flight, remove

the nut, bolt, and washers and reinstall the

nut, bolt, and washers in accordance with the

alert service bulletin. Thereafter, repeat the

visual inspection at intervals not to exceed

18 months.

(iii) If the tangential link upper bolt is

missing from the engine mount fitting, prior

to further flight, perform the various followon actions in accordance with the alert

service bulletin. (The follow-on actions

include visual inspections, magnetic particle

inspections, replacement of the lower engine

mount fitting with a serviceable part, if

necessary; installation of new safety links,

bolts, and nuts; and installation of a new

tangential link upper bolt.) Thereafter, repeat

the visual inspection at intervals not to

exceed 18 months.

(2) Perform an inspection to verify that the

torque value of the tangential link upper bolt

(on both sides of the mount) is within the

limits specified in the alert service bulletin.

(i) If the torque value of the tangential link

upper bolt nut is within the limits specified

in the alert service bulletin, repeat the

inspection (verification) at intervals not to

exceed 18 months.

(ii) If the torque value of the tangential link

upper bolt nut is outside the limits specified

in the alert service bulletin, prior to further

flight, perform a visual inspection of the

tangential link upper bolt and washer for any

damage or discrepancy, in accordance with

the alert service bulletin.

(A) If no damage or discrepancy of the

tangential link upper bolt and washers is

found, prior to further flight, replace the bolt

nut with a new or serviceable part in

accordance with the alert service bulletin.

Thereafter, repeat the inspection

(verification) specified in paragraph (a)(2) of

this AD at intervals not to exceed 18 months.

(B) If any damage or discrepancy of the

tangential link upper bolt and washers is

found, prior to further flight, replace the

damaged or discrepant part with a new or

serviceable part, and replace the bolt nut

with a new or serviceable part, in accordance

with the alert service bulletin. Thereafter,

repeat the inspection (verification) specified

in paragraph (a)(2) of this AD at intervals not

to exceed 18 months.

(b) Replacement of the safety links with

modified safety links in accordance with

Boeing Service Bulletin 747–71–2206, dated

April 16, 1987; or Boeing Service Bulletin

747–71–2206, Revision 1, dated November

12, 1987, as revised by Boeing Notice of

Status Change No. 747–71–2206 NSC 1,

dated December 4, 1987, and Boeing Notice

of Status Change No. 747–71–2206 NSC 2,

dated March 17, 1988; constitutes

terminating action for the repetitive

inspection requirements of this AD.

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Seattle

Aircraft Certification Office (ACO), FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Seattle ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

(d) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(e) The inspections, replacement, and

follow-on actions shall be done in

accordance with Boeing Alert Service

Bulletin 747–71A2277, dated November 29,

1995. This incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51. Copies may be obtained

from Boeing Commercial Airplane Group,

P.O. Box 3707, Seattle, Washington 98124–

2207. Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(f) This amendment becomes effective on

February 16, 1996.

Issued in Renton, Washington, on January

22, 1996.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 96–1572 Filed 1–31–96; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 96–NM–02–AD; Amendment

39–9497; AD 96–03–02]

Airworthiness Directives; Boeing

Model 767 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain Boeing Model 767

series airplanes. This action requires

inspections to detect cracking and

corrosion of the aft trunnion of the outer

cylinder of the main landing gear (MLG)

and various follow-on actions. This

action provides for termination of the

inspections by repairing the outer

cylinder and installing new aft trunnion

bushings. This amendment is prompted

by a report of the collapse of the right

MLG due to fracture of the aft trunnion

outer cylinder. The actions specified in

this AD are intended to prevent the

collapse of the MLG due to stress

corrosion cracking of the aft trunnion of

the outer cylinder.

DATES: Effective February 16, 1996.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of February

16, 1996.

Comments for inclusion in the Rules

Docket must be received on or before

April 1, 1996.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 96–NM–

02–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from Boeing

Commercial Airplane Group, P.O. Box

3707, Seattle, Washington 98124–2207.

This information may be examined at

the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW.,

Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

James G. Rehrl, Aerospace Engineer,

Airframe Branch, ANM–120S, FAA,

Transport Airplane Directorate, Seattle

Aircraft Certification Office, 1601 Lind

Avenue, SW., Renton, Washington

98055–4056; telephone (206) 227–2783;

fax (206) 227–1181.

SUPPLEMENTARY INFORMATION: The FAA

recently received a report of the collapse

of the right main landing gear (MLG) of

a Boeing Model 767–300ER airplane

while the airplane was taxiing in a low

speed right-hand turn. Investigation

revealed that the cause of the collapse

of the MLG was attributed to the

fracture of the aft trunnion outer

cylinder due to stress corrosion

cracking. The cracking initiated at the

crossbolt hole, which is approximately
Federal Register / Vol. 61, No. 22 / Thursday, February 1, 1996 / Rules and Regulations 3553

five inches from the aft trunnion

bushing flange. This condition, if not

corrected, could result in the collapse of

the MLG due to ductile fracture of the

aft trunnion of the outer cylinder.

The FAA has reviewed and approved

Boeing Alert Service Bulletin 767–

32A0151, dated November 30, 1995.

The alert service bulletin places affected

airplanes into three categories:

• Category 1 airplanes have outer

cylinders of the MLG that have

accumulated 21⁄2 years or less since the

cylinder was new or overhauled.

• Category 2 airplanes have outer

cylinders of the MLG that have

accumulated between 21⁄2 years and 4

years since new or overhauled.

• Category 3 airplanes have outer

cylinders of the MLG that have

accumulated 4 years or more since new

or overhauled.

This categorization reflects the timerelated phenomenon of corrosion; i.e.,

the risk of developing corrosion (or

stress corrosion cracking) increases with

the length of time that an outer cylinder

has been in service. Therefore, Category

3 comprises airplanes that are generally

at the greatest risk of experiencing stress

corrosion cracking .

The alert service bulletin describes

the procedures necessary for performing

various visual, eddy current, and

ultrasonic inspections; and when

appropriate, for performing chemical

spot testing of the aft trunnion of the

outer cylinder of the MLG (hereinafter

referred to as the ‘‘aft trunnion’’). It also

includes the following actions for all

three categories of airplanes:

1. replacement of the outer cylinder,

if cracking is found;

2. replacement of the aft trunnion

bushing and crossbolt bushings; or

repeat the visual, eddy current, and

ultrasonic inspections of the immediate

area in which corrosion is found in the

aft trunnion;

3. application of plating and finish to

the outer cylinder, if the finish is found

to be damaged or missing;

4. functional testing of the lock link

actuator;

5. repetitive visual inspections, or

termination of the inspections by

repairing the outer cylinder and

installing flangeless aft trunnion

bushings and new crossbolt bushings;

6. repetitive 360-degree close visual

inspection of the aft trunnion, including

the crossbolt area;

7. application of corrosion inhibiting

compound on the aft trunnion; and

8. eventual repair of the outer

cylinder and replacement of the existing

aft trunnion and crossbolt bushings with

new bushings, which terminates the

inspections specified in the alert service

bulletin.

The alert service bulletin refers to

Boeing Alert Service Bulletin 767–

32A0148, dated December 21, 1995,

which describes procedures for repair of

the outer cylinder and replacement of

the existing bushings of the aft trunnion

and crossbolt of the MLG with new

bushings. The FAA has also reviewed

and approved this alert service bulletin.

Since an unsafe condition has been

identified that is likely to exist or

develop on other Model 767 series

airplanes of the same type design, this

AD is being issued to prevent the

collapse of the MLG due to stress

corrosion cracking of the aft trunnion of

the outer cylinder. This AD requires

various inspections to detect cracking

and corrosion of the aft trunnion and

various follow-on actions. The actions

are required to be accomplished in

accordance with Boeing Alert Service

Bulletin 767–32A0151, described

previously.

The compliance times for

accomplishing these inspections are

dependent upon the age of the outer

cylinders of the MLG. Category 3

airplanes, which have the oldest

cylinders, are to be inspected within 30

days (the alert service bulletin

recommends inspecting these airplanes

within 60 days). Category 2 airplanes

are to be inspected within 90 days (the

alert service bulletin recommends

inspecting these airplanes within 120

days). Category 1 airplanes, which have

the youngest cylinders, are to be

inspected within 150 days (the alert

service bulletin recommends inspecting

these airplanes within 180 days).

In developing an appropriate

compliance time for this action, the

FAA considered not only the degree of

urgency associated with addressing the

subject unsafe condition, but the

manufacturer’s recommendation as to

an appropriate compliance time, the

availability of required parts, and the

practical aspects of performing the

inspections. The FAA points out that

the varying compliance times allow the

manufacturer sufficient time to produce

all the eddy current probes, ultrasonic

transducers, and non-destructive

inspection (NDI) reference standards

that operators need to accomplish the

inspections. Further, the FAA took into

account the compliance times

recommended by the manufacturer, as

well as the number of days required for

the rulemaking process; in

consideration of these factors, the FAA

finds that the compliance times required

by this AD will fall approximately at the

same time as those recommended by the

manufacturer.

Operators should note that, although

Boeing Alert Service Bulletin 767–

32A0151 specifies eventual repair of the

outer cylinder and replacement of the

existing bushings with new bushings,

this AD does not require such

replacement. The FAA is considering

further rulemaking action to require

eventual replacement of the bushings.

However, the planned compliance time

for the replacement is sufficiently long

so that prior notice and time for public

comment will be practicable.

This AD does provide operators with

the option of terminating the

requirement for the repetitive

inspections by replacing the bushings

with new bushings in accordance with

Boeing Alert Service Bulletin 767–

32A0148, dated December 21, 1995.

Accomplishment of this bushing

replacement also terminates the

requirements of the following AD’s:

• AD 95–19–10, amendment 39–9372

(60 FR 47689, September 14, 1995), and

• AD 95–20–51, amendment 39–9398

(60 FR 53109, October 12, 1995). [The

comment period for AD 95–20–51 was

extended by an AD action that was

issued on November 28, 1995 (60 FR

62321, December 6, 1995.)]

Operators should also note that

Boeing Alert Service Bulletin 767–

32A0148 refers to Component

Maintenance Manual (CMM) 32–11–40,

which, in turn, provides instructions for

plugging the aft trunnion lubrication

fitting with a rivet. This AD, however,

does not require plugging this lube

fitting to terminate the requirements of

this AD, AD 95–19–10, or AD 95–20–51.

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this rule by

submitting such written data, views, or

arguments as they may desire.

Communications shall identify the

Rules Docket number and be submitted

in triplicate to the address specified

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and
3554 Federal Register / Vol. 61, No. 22 / Thursday, February 1, 1996 / Rules and Regulations

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 96–NM–02–AD.’’ The

postcard will be date stamped and

returned to the commenter.

The regulations adopted herein 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 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, may be obtained from the

Rules Docket at the location provided

under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 USC 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

96–03–02 Boeing: Amendment 39–9497.

Docket 96–NM–02–AD.

Applicability: Model 767 series airplanes

having line numbers 001 through 609, on

which the terminating action described in

paragraph (e) of this AD has not been

accomplished; certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

otherwise modified, altered, or repaired in

the area subject to the requirements of this

AD. For airplanes that have been modified,

altered, or repaired so that the performance

of the requirements of this AD is affected, the

owner/operator must use the authority

provided in paragraph (g) of this AD to

request approval from the FAA. This

approval may address either no action, if the

current configuration eliminates the unsafe

condition; or different actions necessary to

address the unsafe condition described in

this AD. Such a request should include an

assessment of the effect of the changed

configuration on the unsafe condition

addressed by this AD. In no case does the

presence of any modification, alteration, or

repair remove any airplane from the

applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent the collapse of the main

landing gear (MLG) due to stress corrosion

cracking of the aft trunnion of the outer

cylinder, accomplish the following:

(a) Perform the inspections described in

Part 3 of the Accomplishment Instructions of

Boeing Alert Service Bulletin 767–32A0151,

dated November 30, 1995, to detect cracking

and corrosion of the aft trunnion of the outer

cylinder of the MLG at the time specified in

paragraph (a)(1), (a)(2), or (a)(3) of this AD,

as applicable. These inspections are to be

accomplished in accordance with Figure 1 of

that alert service bulletin. Repeat these

inspections thereafter at the intervals

specified in that alert service bulletin. To

determine the category in which an airplane

falls, the age of the outer cylinder of the MLG

is to be calculated as of the effective date of

this AD. For airplanes on which the age of

the right MLG differs from the age of the left

MLG, an operator may place the airplane into

a category that is the higher (numerically) of

the two categories to ease its administrative

burden, and to simplify the recordkeeping

requirements imposed by this AD. Once the

category into which an airplane falls is

determined, operators must obtain approval

from the Manager, Seattle Aircraft

Certification Office (ACO), FAA, Transport

Airplane Directorate, to move that airplane

into another category.

Note 2: The broken (dash) lines used in

Figure 1 of Boeing Alert Service Bulletin

767–32A0151, dated November 30, 1995,

denote ‘‘go to’’ actions for findings of

discrepancies detected during any of the

inspections required by this AD.

Note 3: Boeing Alert Service Bulletin 767–

32A0151, dated November 30, 1995, refers to

Boeing Alert Service Bulletin 767–32A0148,

dated December 21, 1995, for procedures to

repair the outer cylinder and replace the

bushings in the outer cylinder of the MLG

with new bushings.

(1) For airplanes identified as Category 3 in

paragraph I.C. of Boeing Alert Service

Bulletin 767–32A0151, dated November 30,

1995: Perform the initial inspections within

30 days after the effective date of this AD.

(2) For airplanes identified as Category 2 in

paragraph I.C. of Boeing Alert Service

Bulletin 767–32A0151, dated November 30,

1995: Perform the initial inspections within

90 days after the effective date of this AD.

(3) For airplanes identified as Category 1 in

paragraph I.C. of Boeing Alert Service

Bulletin 767–32A0151, dated November 30,

1995: Perform the initial inspections prior to

the accumulation of 21⁄2 years since the MLG

outer cylinder was new or overhauled, or

within 150 days after the effective date of this

AD, whichever occurs later.

(b) If no cracking or corrosion is detected,

accomplish the follow-on actions described

in the Boeing Alert Service Bulletin 767–

32A0151, November 30, 1995, at the time

specified in the alert service bulletin. These

follow-on actions are to be accomplished in

accordance with that alert service bulletin.

(c) If any cracking is detected, prior to

further flight, replace the outer cylinder with

a new or serviceable outer cylinder in

accordance with Boeing Alert Service

Bulletin 767–32A0151, dated November 30,

1995.

(d) If any corrosion is detected, accomplish

the follow-on actions at the time specified in

the ‘‘Corrosion Flowchart,’’ in Figure 1 of

Boeing Alert Service Bulletin 767–32A0151,

dated November 30, 1995. The follow-on

actions are to be accomplished in accordance

with that alert service bulletin.

(e) Repair of the outer cylinder and

replacement of the bushings in the aft

trunnion and crossbolt of the MLG with new

bushings in accordance with Boeing Alert

Service Bulletin 767–32A0148, dated

December 21, 1995, constitutes terminating

action for the inspection requirements of this

AD, and for the requirements of AD 95–19–

10, amendment 39–9372, and AD 95–20–51,

amendment 39–9398. Boeing Alert Service

Bulletin 767–32A0148, dated December 21,

1995, refers to Component Maintenance

Manual (CMM) 32–11–40. Operators should

note that, although the CMM specifies

plugging the aft trunnion lubrication fitting

with a rivet, this AD does not require

plugging the lube fitting to terminate the

requirement of this AD, AD 95–19–10, or AD

95–20–51.

(f) Accomplishment of the requirements of

this AD is considered acceptable for

compliance with AD 95–19–10, amendment
Federal Register / Vol. 61, No. 22 / Thursday, February 1, 1996 / Rules and Regulations 3555

39–9372, and AD 95–20–51, amendment 39–

9398.

(g) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Seattle

ACO. Operators shall submit their requests

through an appropriate FAA Principal

Maintenance Inspector, who may add

comments and then send it to the Manager,

Seattle ACO.

Note 4: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

(h) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(i) The inspections and follow-on actions

shall be done in accordance with Boeing

Alert Service Bulletin 767–32A0151, dated

November 30, 1995. Certain replacements

and repairs shall be done in accordance with

Boeing Alert Service Bulletin 767–32A0148,

dated December 21, 1995. This incorporation

by reference was approved by the Director of

the Federal Register in accordance with 5

U.S.C. 552(a) and 1 CFR part 51. Copies may

be obtained from Boeing Commercial

Airplane Group, P.O. Box 3707, Seattle,

Washington 98124–2207. Copies may be

inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

(j) This amendment becomes effective on

February 16, 1996.

Issued in Renton, Washington, on January

22, 1996.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 96–1568 Filed 1–31–96; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 771 and 799

[Docket No. 960111006–6006–01]

RIN 0694–AB29

Revision to the Commerce Control

List: Items Controlled for Nuclear

Nonproliferation Reasons, Addition of

Argentina, New Zealand, Poland, South

Africa, and South Korea to GNSG

Eligible Countries

AGENCY: Bureau of Export

Administration, Commerce.

ACTION: Interim rule.

SUMMARY: The Bureau of Export

Administration (BXA) maintains the

Commerce Control List (CCL), which

identifies those items subject to the

Export Administration Regulations. The

items on the CCL that are subject to

nuclear nonproliferation controls are

referred to as the Nuclear Referral List

(NRL). This interim rule amends a

number of Export Control Classification

Numbers (ECCNs) on the CCL in order

to make the NRL conform more closely

with the items contained in the Annex

to the ‘‘Nuclear-Related Dual-Use

Equipment, Materials, and Related

Technology List’’ (the Annex) published

by the International Atomic Energy

Agency and adhered to by the United

States and other subscribing

governments in the Nuclear Suppliers

Group.

In addition, this rule removes Poland

from General License GNSG national

security item country restrictions. In

May 1994, Poland was moved from

Country Group W to Country Group V

to conform with changes in licensing

policies for national security-based

proscribed countries.

Lastly, this rule adds Argentina, New

Zealand, South Africa and South Korea

to the countries that are eligible to

receive exports under General License

GNSG, because they were admitted to

the Nuclear Suppliers Group. The

subscribing governments have agreed to

establish export licensing procedures for

the transfer of items identified on the

Annex.

While some of the changes in this rule

increase the validated license

requirements for certain commodities

and technology, the fact that other

member countries of the Nuclear

Suppliers Group have agreed to

implement equivalent export licensing

procedures for these items and the

addition of GNSG eligible countries

should limit the economic impact on

U.S. exporters.

DATES: This rule is effective February 1,

1996. Comments must be received by

March 4, 1996.

ADDRESSES: Written comments (six

copies) should be sent to Sharron Cook,

Department of Commerce, Bureau of

Export Administration, Office of

Exporter Services, Regulation Policy

Division, P.O. Box 273, Washington, DC

20044.

FOR FURTHER INFORMATION CONTACT: For

questions of a general nature, call

Sharron Cook, Regulatory Policy

Division, at (202) 482–2440.

For questions of a technical nature,

the following persons in the Bureau of

Export Administration are available:

Category 1: Jeff Tripp—(202) 482–4188

Category 2: George Loh—(202) 482–3570

Category 3: Robert Lerner—(202) 482–3710

Category 4: Joseph Young—(202) 482–4197

Category 5: Dale Jensen—(202) 482–4188

Category 6: Joseph Chuchla—(202) 482–4188

Categories 7, 8 and 9: Steve Clagett—(202)

482–4188

SUPPLEMENTARY INFORMATION:

Background

This rule amends a number of entries

on the Commerce Control List (CCL) by

revising the items that are subject to

nuclear non-proliferation controls, i.e.,

the Nuclear Referral List (NRL). As more

fully described in § 778.2 of the EAR,

NRL items are defined as those ‘‘that

could be of significance for nuclear

explosive purposes if used for activities

other than those authorized at the time

of export’’. The changes made by this

rule are intended to revise the NRL to

conform more closely with the items

contained in the Annex to the ‘‘NuclearRelated Dual-Use Equipment, Materials,

and Related Technology List’’ (the

Annex), as published by the

International Atomic Energy Agency in

INFCIRC/254/Part 2. The adherents to

INFCIRC/254/Part 2, which include the

Nuclear Suppliers Guidelines, have

agreed to establish export licensing

procedures for the transfer of items

identified in the Annex.

In addition, this rule removes Poland

from General License GNSG national

security item country restrictions. There

are some ECCNs that have both National

Security (NS) and Nuclear Proliferation

(NP) reasons for control. For these

ECCNs, GNSG eligibility stated ‘‘Yes,

except Bulgaria, Poland, Romania, or

Russia’’, i.e., all NP items in that ECCN

were eligible for General License GNSG

to all GNSG eligible countries, except

Bulgaria, Poland, Romania, or Russia.

Although Poland is a NSG member, the

more restrictive control, in this case NS,

was applied. In May 1994, Poland was

moved from Country Group W to

Country Group V to conform with

changes in licensing policies for

proscribed countries. Therefore, NS

reasons for control no longer apply to

Poland and GNSG privileges now

extend to all ECCNs that have both NS

and NP controls for Poland.

Lastly, this rule will add Argentina,

New Zealand, South Africa, and South

Korea to the countries that are eligible

to receive exports under General

License GNSG, because they were

admitted to the Nuclear Suppliers

Group. General License GNSG permits

certain items subject to nuclear

nonproliferation controls to be exported

under general license to a number of

countries whose governments have

subscribed to the Annex to the

‘‘Guidelines for Transfers of NuclearRelated Dual-Use Equipment, Material,