45528 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Proposed Rules 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

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– 

2017–0901; Product Identifier 2017– 

NM–106–AD. 

(a) Comments Due Date 

We must receive comments by November 

13, 2017. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all The Boeing 

Company Model 757–300 series airplanes, 

certificated in any category. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 53, Fuselage. 

(e) Unsafe Condition 

This AD was prompted by reports of scribe 

line damage on fuselage skin, caused by 

sharp tools used during fuselage 

maintenance. We are issuing this AD to 

detect and correct scribe line damage. Failure 

to detect and completely remove scribe lines 

may lead to fatigue cracking, rapid 

decompression, and inability of the principal 

structural element to sustain limit load. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

Except as required by paragraph (h) of this 

AD: At the applicable times specified in 

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

Alert Service Bulletin 757–53A0107, dated 

July 20, 2017, do all applicable actions 

identified as ‘‘RC’’ (required for compliance) 

in, and in accordance with, the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 757–53A0107, dated July 20, 

2017. 

(h) Exceptions to Service Information 

Specifications 

(1) For purposes of determining 

compliance with the requirements of this AD, 

the phrase ‘‘the effective date of this AD’’ 

may be substituted for ‘‘the original issue 

date of this service bulletin,’’ as specified in 

Boeing Alert Service Bulletin 757–53A0107, 

dated July 20, 2017. 

(2) Where Boeing Alert Service Bulletin 

757–53A0107, dated July 20, 2017, specifies 

contacting Boeing, and specifies that action 

as RC: This AD requires repair using a 

method approved in accordance with the 

procedures specified in paragraph (i) of this 

AD. 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Los Angeles ACO Branch, 

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 

certification office, send it to the attention of 

the person identified in paragraph (j)(1) of 

this AD. Information may be emailed to: 

9-ANM-LAACO-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, 

modification, or alteration required by this 

AD if it is approved by the Boeing 

Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Los Angeles 

ACO Branch, to make those findings. To be 

approved, the repair method, modification 

deviation, or alteration deviation must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(4) Except as required by paragraph (h)(2) 

of this AD: For service information that 

contains steps that are labeled as RC, the 

provisions of paragraphs (i)(4)(i) and (i)(4)(ii) 

of this AD apply. 

(i) The steps labeled as RC, including 

substeps under an RC step and any figures 

identified in an RC step, must be done to 

comply with the AD. If a step or substep is 

labeled ‘‘RC Exempt,’’ then the RC 

requirement is removed from that step or 

substep. An AMOC is required for any 

deviations to RC steps, including substeps 

and identified figures. 

(ii) Steps not labeled as RC may be 

deviated from using accepted methods in 

accordance with the operator’s maintenance 

or inspection program without obtaining 

approval of an AMOC, provided the RC steps, 

including substeps and identified figures, can 

still be done as specified, and the airplane 

can be put back in an airworthy condition. 

(j) Related Information 

(1) For more information about this AD, 

contact David Truong, Aerospace Engineer, 

Airframe Section, FAA, Los Angeles ACO 

Branch, 3960 Paramount Boulevard, 

Lakewood, CA 90712–4137; phone: 562–627– 

5224; fax: 562–627–5210; email: 

david.truong@faa.gov. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Contractual & Data 

Services (C&DS), 2600 Westminster Blvd., 

MC 110–SK57, Seal Beach, CA 90740–5600; 

telephone 562–797–1717; Internet https://

www.myboeingfleet.com. You may view this 

referenced service information at the FAA, 

Transport Standards Branch, 1601 Lind 

Avenue SW., Renton, WA. For information 

on the availability of this material at the 

FAA, call 425–227–1221. 

Issued in Renton, Washington, on 

September 20, 2017. 

Dionne Palermo, 

Acting Director, System Oversight Division, 

Aircraft Certification Service. 

[FR Doc. 2017–20830 Filed 9–28–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of the Census 

15 CFR Part 30 

[Docket Number: 140905758–7736–01] 

RIN 0607–AA54 

Foreign Trade Regulations (FTR): 

Clarification on the Collection and 

Confidentiality of Kimberley Process 

Certificates 

AGENCY: Bureau of the Census, 

Commerce. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The U.S. Census Bureau 

(Bureau of the Census) proposes to 

amend its regulations in order to clarify 

that the data collected from the 

Kimberley Process Certificates (KPCs) 

are collected in compliance with the 

Clean Diamond Trade Act and not 

under the Census Bureau’s laws and 

regulations. In addition, this rule 

clarifies the submission requirements 

and permissible uses of the KPCs. 

DATES: Written comments must be 

received on or before November 28, 

2017. 

ADDRESSES: Please direct all written 

comments on this proposed rule to the 

Chief, International Trade Management 

Division, U.S. Census Bureau, Room 

5K158, Washington, DC 20233–6010. 

You may also submit comments, 

identified by RIN number 0607–AA54 

or by the e-Rulemaking Docket ID 

USBC–2017–0003, to the Federal eRulemaking Portal: http://

www.regulations.gov. All comments 

received are part of the public record. 

No comments will be posted to http:// 

www.regulations.gov for public viewing 

until after the comment period has 

closed. Comments will generally be 

posted without change. All Personally 

Identifiable Information (for example, 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Proposed Rules 45529 

name and address) voluntarily 

submitted by the commenter may be 

publicly accessible. Do not submit 

Confidential Business Information or 

otherwise sensitive or protected 

information. The Census Bureau will 

accept anonymous comments (enter N/ 

A in the required fields, if you wish to 

remain anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: Dale 

C. Kelly, Chief, International Trade 

Management Division, U.S. Census 

Bureau, Room 5K158, Washington, DC 

20233–6010, by phone (301) 763–6937, 

by fax (301) 763–8835, or by email 

[dale.c.kelly@census.gov]. 

SUPPLEMENTARY INFORMATION: 

Background 

The Census Bureau is amending the 

Foreign Trade Regulations (FTR) (15 

CFR, part 30) to clarify that the 

Kimberley Process Certificates (KPCs) 

are not collected under Title 13 of the 

United States Code. Instead, the KPCs 

are collected under the Clean Diamond 

Trade Act (CDTA) (Pub. L. 108–19, 19 

U.S.C. 3901, et seq.) and Executive 

Order 13312, entitled ‘‘Implementing 

the Clean Diamond Trade Act’’ (68 FR 

45151, July 29, 2003). The CDTA and 

Executive Order 13312 require that the 

importation into, and exportation from, 

the United States of any rough 

diamonds be controlled through the 

Kimberley Process Certification Scheme 

(KPCS). The KPCS calls on Participants 

(i.e. governments participating in the 

KPCS), including the United States, to 

ensure that any shipment of rough 

diamonds exported to, or imported 

from, a Participant be accompanied by 

a valid KPC, and maintain and publish 

statistics on the importation and 

exportation of rough diamonds. The 

CDTA further provides that the United 

States should produce statistics on 

imports and exports of rough diamonds 

and to make these statistics available for 

analysis by interested parties, including 

other governments participating in the 

KPCS. 

Consistent with the CDTA, Executive 

Order 13312, and the KPCS, the Office 

of Foreign Assets Control’s Rough 

Diamonds Control Regulations (Title 31 

CFR, part 592) require that a shipment 

of rough diamonds imported into, or 

exported from, the United States be 

accompanied by an original KPC, and 

the Census Bureau’s FTR requires that 

KPCs for all import and export 

shipments be provided to the Census 

Bureau. The data collected from the 

KPCs are separate and distinct from the 

statistical data collected under Title 13 

of the United States Code, and are not 

governed by the confidentiality 

provisions of that title. 

Finally, the U.S. Department of 

Homeland Security and the U.S. 

Department of State concur with the 

revisions to the FTR as required by 13 

U.S.C. 303, and Public Law 107–228, 

division B, title XIV, section 1404. 

Program Requirements 

Consistent with the CDTA and 

Executive Order 13312, the Census 

Bureau is revising the FTR in CFR Title 

15, part 30, in sections 30.1, 30.4, 30.7, 

30.50, 30.60, and 30.70, as follows: 

• Revise § 30.1(c) to add the 

definition ‘‘Kimberley Process 

Certificate’’ as a technical amendment. 

• Revise § 30.1(c) to add the 

definition ‘‘Voided Kimberley Process 

Certificate’’ to clarify the term. 

• Revise § 30.4 to add paragraph (e) to 

clarify the filing procedures for voided 

KPCs and to address that the collection 

of KPCs are not pursuant to Title 13, of 

the United States Code . 

• Revise § 30.7(c) to clarify that KPCs 

must be provided to the Census Bureau 

immediately after export of the 

shipment from the United States. 

• Revise § 30.50(c) to clarify that 

KPCs must be provided to the Census 

Bureau immediately after entry of the 

shipment in the United States. 

• Revise § 30.60 to add a note 

clarifying that KPCs are not considered 

Electronic Export Information and are 

not confidential under Title 13 of the 

United States Code. 

• Revise § 30.70 to clarify how 

violations of the CDTA will be enforced. 

Rulemaking Requirements 

Regulatory Flexibility Act 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration (SBA) 

that this proposed rule will not have a 

significant impact on a substantial 

number of small entities. Currently, a 

KPC must be submitted for all imports 

or exports of rough diamonds. This 

rulemaking requires that KPCs be 

provided to the Census Bureau 

immediately after either entry in or 

export from the United States. It 

replaces the previous requirement to 

provide the KPC to the Census Bureau 

in advance. 

This action requires that U.S. 

Principal Parties in Interest (USPPIs) or 

authorized agents in the United States 

file export information to the 

Automated Export System (AES) for all 

shipments where an Electronic Export 

Information (EEI) record is required 

under the FTR. The SBA’s table of size 

standards indicates that businesses that 

are the USPPI or authorized agent and 

file export information are considered 

small businesses if they employ less 

than 500 people. Based on Exhibit 7a of 

the 2015 Profile of U.S. Exporting 

Companies, the Census Bureau 

estimates that there are 295,000 USPPIs 

that are considered small business 

entities under the SBA definition. And 

more than 90 percent of these USPPIs 

use an authorized agent to file export 

information. An estimate of the number 

of authorized agents is not known and 

is unable to be determined. 

The Census Bureau anticipates that 

the clarification of requirements will not 

significantly affect the small businesses 

that file through the AES. The majority 

of agents require use of a computer to 

perform routine tasks, such as filing 

through the AES. These agents are 

unlikely to be significantly affected by 

these clarifications of requirements, as 

they already possess the necessary 

technology and equipment to submit the 

information through the AES. In 

addition, it is not necessary for small 

businesses to purchase software for this 

task because a free Internet-based 

system, AESDirect, is provided for the 

electronic submission of export 

information. The proposed new 

requirements will have minimal impact 

on response burden. For these reasons, 

this rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Executive Orders 

This rule has been determined to be 

not significant for purposes of Executive 

Order 12866. This proposed rule is not 

an Executive Order 13771 regulatory 

action because this proposed rule is not 

significant under Executive Order 

12866. This rulemaking does not 

contain policies with federalism 

implications as that term is defined 

under Executive Order 13132. 

Paperwork Reduction Act 

Notwithstanding any other provision 

of law, no person is required to respond 

to, nor shall a person be subject to a 

penalty for failure to comply with, a 

collection of information subject to the 

requirements of the Paperwork 

Reduction Act (PRA), unless that 

collection of information displays a 

current, valid Office of Management and 

Budget (OMB) control number. This rule 

contains a collection-of-information 

subject to the requirements of the PRA 

(44 U.S.C. 3501 et seq.) and that has 

been approved under OMB control 

number 0607–0152. 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
45530 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Proposed Rules 

List of Subjects in 15 CFR Part 30 

Economic statistics, Exports, Foreign 

trade, Reporting and recordkeeping 

requirements. 

For the reasons set out in the 

preamble, the Census Bureau is 

proposing to amend Title 15, CFR part 

30, as follows: 

PART 30—FOREIGN TRADE 

REGULATIONS 

■ 1. The authority citation for 15 CFR 

part 30 continues to read as follows: 

Authority: 5 U.S.C. 301; 13 U.S.C. 301– 

307; Reorganization plan No. 5 of 1990 (3 

CFR 1949–1953 Comp., p. 1004); Department 

of Commerce Organization Order No. 35–2A, 

July 22, 1987, as amended, and No. 35–2B, 

December 20, 1996, as amended; Pub. L. 107– 

228, 116 Stat. 1350. 

■ 2. Amend § 30.1(c) by adding 

definitions for ‘‘Kimberley Process 

Certificate (KPC)’’ and ‘‘Voided 

Kimberley Process Certificate’’ to read 

as follows: 

§ 30.1 Purpose and definitions. 

* * * * * 

(c) * * * 

Kimberley Process Certificate (KPC). A 

forgery resistant document used to 

certify the origin of rough diamonds 

from sources which are free of conflict. 

* * * * * 

Voided Kimberley Process Certificate. 

A Kimberley Process Certificate 

intended to be used for the exportation 

of rough diamonds from the United 

States that has been cancelled for 

reasons such as loss or error. 

* * * * * 

■ 3. Amend § 30.4 by adding paragraph 

(e) to read as follows: 

§ 30.4 Electronic Export Information filing 

procedures, deadlines, and certification 

statements. 

* * * * * 

(e) Collection of KPCs and voided 

KPCs. Any voided KPC must be faxed 

by the voiding party to the Census 

Bureau on (800) 457–7328, or provided 

by other methods as permitted by the 

Census Bureau immediately upon 

voiding. The collection of KPCs, 

including voided KPCs, is performed 

pursuant to the Clean Diamond Trade 

Act, Public Law 108–19, 19 U.S.C. 

Section 3901 et seq. (CDTA) and 

Executive Order 13312, and not Title 13, 

U.S.C. 

■ 4. Amend § 30.7 by revising paragraph 

(c) to read as follows: 

§ 30.7 Annotating the bill of lading, air 

waybill, or other commercial loading 

documents with proof of filing citations, 

and exemption legends. 

* * * * * 

(c) Exports of rough diamonds 

classified under HS subheadings 

7102.10, 7102.21, 7102.31 require the 

proof of filing citation, as stated in 

paragraph (b) of this section, to be 

indicated on the Kimberley Process 

Certificate (KPC). In addition, the KPC 

must be faxed to the Census Bureau on 

(800) 457–7328, or provided by other 

methods as permitted by the Census 

Bureau, immediately after export of the 

shipment from the United States. 

■ 5. Amend § 30.50 by revising 

paragraph (c) to read as follows: 

§ 30.50 General requirements for filing 

import entries. 

* * * * * 

(c) The Kimberley Process Certificate 

(KPC) for all imports of rough diamonds 

classified under HS subheadings 

7102.10, 7102.21, 7102.31 must be faxed 

by the importer or customs broker to the 

Census Bureau on (800) 457–7328, or 

provided by other methods as permitted 

by the Census Bureau, immediately after 

entry of the shipment in the United 

States. 

■ 6. Amend § 30.60 by adding a note to 

read as follows: 

§ 30.60 Confidentiality of Electronic Export 

Information. 

* * * * * 

Note to § 30.60: Kimberley Process 

Certificates (KPCs), including voided KPCs, 

provided to the Census Bureau pursuant to 

the Clean Diamond Trade Act, Executive 

Order 13312, and this Part are not considered 

EEI and are not confidential under Title 13. 

■ 7. Amend § 30.70 by revising the 

introductory text to read as follows: 

§ 30.70 Violation of the Clean Diamond 

Trade Act. 

Section 8(c) of the Clean Diamond 

Trade Act (CDTA) authorizes U.S. 

Customs and Border Protection (CBP) 

and U.S. Immigration and Customs 

Enforcement (ICE) to enforce the laws 

and regulations governing exports of 

rough diamonds. The Treasury 

Department’s Office of Foreign Assets 

Control’s (OFAC) also has enforcement 

authority pursuant to section 5(a) of the 

CDTA, Executive Order 13312, and 

Rough Diamonds Control Regulations 

(31 CFR 592). CBP, ICE, and the OFAC 

are authorized to enforce provisions of 

the CDTA that provide for the following 

civil and criminal penalties: 

* * * * * 

Dated: September 22, 2017. 

Ron S. Jarmin, 

Associate Director for Economic Programs, 

Performing the Non-Exclusive Functions and 

Duties of the Director, Bureau of the Census. 

[FR Doc. 2017–20920 Filed 9–28–17; 8:45 am] 

BILLING CODE 3510–07–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Parts 771 and 774 

Federal Railroad Administration 

49 CFR Part 264 

Federal Transit Administration 

49 CFR Part 622 

[Docket No. FHWA–2015–0011] 

FHWA RIN 2125–AF60 

FRA RIN 2130–AC64 

FTA RIN 2132–AB26 

Environmental Impacts and Related 

Procedures 

AGENCY: Federal Highway 

Administration (FHWA), Federal 

Railroad Administration (FRA), Federal 

Transit Administration (FTA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (SNPRM). 

SUMMARY: This SNPRM provides 

interested parties the opportunity to 

comment on the proposed revisions to 

the FHWA and FTA joint regulations 

implementing the National 

Environmental Policy Act (NEPA) and 

Section 4(f) requirements. The FHWA, 

FRA, and FTA (hereafter referred to as 

‘‘the Agencies’’) propose these revisions 

after the enactment of the Fixing 

America’s Surface Transportation 

(FAST) Act, which requires a 

rulemaking to address programmatic 

approaches in environmental reviews 

and makes other changes to existing law 

that should be addressed in a 

rulemaking. In this SNPRM the 

Agencies also propose to add FRA to 

regulations governing environmental 

impact and related procedures and the 

parks, recreation areas, wildlife and 

waterfowl refuges, and historic site, 

making those regulations FRA’s NEPA 

implementing procedures and FRA’s 

Section 4(f) implementing regulations, 

respectively. This SNPRM proposes to 

modify the FHWA/FTA Environmental 

Impact and Related Procedures due to 

changes to the environmental review 

process made by the FAST Act and to 

modify the Parks, Recreation Areas, 

Wildlife and Waterfowl Refuges, and 

Historic Sites regulations due to new 

exceptions created by the FAST Act. 

Lastly, the Agencies request comments 

regarding the current FHWA and FTA 

definition of ‘‘existing operational rightof-way’’ in their respective categorical 

exclusion sections. The Agencies seek 

comments on the proposals in this 

document. 


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