[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)]
[Rules and Regulations]
[Pages 21628-21633]
[FR Doc No: 2011-9181]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 730 and 744

[Docket No. 110222154-1181-01]
RIN 0694-AF13

Implementation of Additional Changes From the Annual Review of
the Entity List; Removal of Person Based on Removal Request

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This rule amends the Export Administration Regulations (EAR)
to implement additional changes to the Entity List (Supplement No. 4 to
part 744) on the basis of the annual review of the Entity List
conducted by the End-User Review Committee (ERC). The ERC conducts the
annual review to determine if any entities on the Entity List should be
removed or modified. This rule implements the results of the annual
review for entities located in Iran and the United Arab Emirates
(U.A.E.). In addition to implementing changes from the annual review,
this rule removes one person located in the United Kingdom (U.K.) from
the Entity List. This person is being removed from the Entity List as a
result of a request for removal submitted by that person, a review of
information provided in the removal request in accordance with section
744.16 (Procedure for requesting removal or modification of an Entity
List entity), and further review conducted by the End-User Review
Committee's (ERC) member agencies. This rule makes a clarification to
an existing entry located in China to accurately reflect the
relationship between two aliases listed under that entry. The Entity
List provides notice to the public that certain exports, reexports, and
transfers (in-country) to entities identified on the Entity List
require a license from the Bureau of Industry and Security and that
availability of license exceptions in such transactions is limited.
Lastly, this rule updates the Code of Federal Regulations (CFR) legal
authority citations for parts 730 and 744 of the EAR.

DATES: Effective Date: This rule is effective April 18, 2011.

FOR FURTHER INFORMATION CONTACT: Karen Nies-Vogel, Chairman, End-User
Review Committee, Office of the Assistant Secretary, Export
Administration, Bureau of Industry and Security, Department of
Commerce, Phone:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, E-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Entity List provides notice to the public that certain exports,
reexports, and transfers (in-country) to entities identified on the
Entity List require a license from the Bureau of Industry and Security
(BIS) and that the availability of license exceptions in such
transactions is limited. Entities are placed on the Entity List on the
basis of certain sections of part 744 (Control Policy: End-User and
End-Use Based) of the EAR.
    The End-User Review Committee (ERC), composed of representatives of
the Departments of Commerce (Chair), State, Defense, Energy and, when
appropriate, the Treasury, makes all decisions to make additions to,
removals from and other changes to the Entity List. The ERC makes all
decisions to add an entry to the Entity List by majority vote and all
decisions to remove or modify an entry by unanimous vote.

Annual Review of the Entity List

    This rule amends the Export Administration Regulations (EAR) to
implement changes to the Entity List (Supplement No. 4 to part 744) on
the basis of the annual review of the Entity List conducted by the ERC,
in accordance with the procedures outlined in Supplement No. 5 to part
744 (Procedures for End-User Review Committee Entity List Decisions).
    The changes from the annual review of the Entity List that are
approved by the ERC are implemented in stages as the ERC completes its
review of entities listed under different destinations on the Entity
List. Within the past year, three final rules have been published
implementing changes from the annual review. The first rule, published
on May 28, 2010 (75 FR 29884), implemented the results of the annual
review for listed entities located in Canada, Egypt, Germany, Hong
Kong, Israel, Kuwait, Lebanon, Malaysia, South Korea, Singapore, and
the U.K. The second rule, published on December 17, 2010 (75 FR 78883),
implemented the results of the annual review for entities located in
China and Russia. This rule, the third rule, implements the results of
the annual review for entities located in Iran and the U.A.E. An
additional rule will be published later in 2011, if needed, to
implement the results of the annual review for entities listed located
in Pakistan and Syria.

ERC Entity List Decisions

    This rule removes two entities from the Entity List (one person
located in the U.A.E. on the basis of the annual review, and one person
located in the U.K. on the basis of a removal request), as described
below under the heading Removals from the Entity List. On the basis of
decisions made by the ERC during the annual review, this rule makes
four modifications to the Entity List (modifications to one Iranian
entry and three U.A.E. entries currently on the Entity List) by adding
additional addresses, aliases and/or clarifying the names for these
four entities, as described below under the heading Modifications to
the Entity List. Lastly, this rule makes a correction to an existing
entry listed under China to clarify the relationship between two
aliases listed for the entity, as described below under the heading
Correction to the Entity List.

Removals From the Entity List

    This rule removes two entities from the Entity List (one from the
U.A.E. on the basis of the annual review of the Entity List and one
from the U.K. on the basis of a removal request), as follows:
    (a) Removal on the basis of the annual review.
    This final rule removes the following person located in the U.A.E.
from the Entity List on the basis of a decision made by the ERC during
the annual review:

United Arab Emirates

    (1) Sayed-Ali Hosseini, 201 Latifah Building, Al Maktoum St.,
Dubai, U.A.E.
    (b) Removal on the basis of a removal request.
    The ERC also made a determination to remove one person, Ad Hoc
Marine Designs Ltd., located in the U.K., as a result of this entity's
request for removal from the Entity List. Based upon the review of the
information provided in the removal request in accordance with Section
744.16 (Procedure for requesting removal or modification of an Entity
List entity), and after review by the ERC's member agencies, the ERC
determined that Ad Hoc Marine Designs Ltd. should be removed from the
Entity List.
    The ERC decision to remove Ad Hoc Marine Designs Ltd. took into
account Ad Hoc Marine Designs Ltd.'s cooperation with the U.S.
Government, as well as Ad Hoc Marine Designs Ltd.'s assurances of
future compliance with the EAR. In accordance with section 744.16(c),
the Deputy Assistant Secretary for Export Administration has sent
written notification to Ad Hoc Marine Designs Ltd. informing this
entity of the ERC's decision to remove it from the Entity List. This
final rule implements the decision to remove this one British person
from the Entity List.
    Specifically, this rule removes the following person located in the
U.K. from the Entity List:

United Kingdom

    (1) Ad Hoc Marine Designs Ltd., 38 Buckland Gardens, Ryde Isle of
Wight PO 33 3AG United Kingdom.
    The removal of these two entities from the Entity List eliminates
the existing license requirements in Supplement No. 4 to part 744 for
exports, reexports and transfers (in-country) to these two entities.
However, the removal of these two entities from the Entity List does
not relieve persons of other obligations under part 744 of the EAR or
under other parts of the EAR. Neither the removal of an entity from the
Entity List nor the removal of Entity List-based license requirements
relieves persons of their obligations under General Prohibition 5 in
section 736.2(b)(5) of the EAR which provides that, ``you may not,
without a license, knowingly export or reexport any item subject to the
EAR to an end-user or end-use that is prohibited by part 744 of the
EAR.'' Nor do these removals relieve persons of their obligation to
apply for export, reexport or in-country transfer licenses required by
other provisions of the EAR. BIS strongly urges the use of Supplement
No. 3 to part 732 of the EAR, ``BIS's `Know Your Customer' Guidance and
Red Flags,'' when persons are involved in transactions that are subject
to the EAR.

Modifications to the Entity List

    On the basis of decisions made by the ERC during the annual review,
this rule amends four entries (one Iranian entity and three U.A.E.
entities) currently on the Entity List by adding additional addresses
or aliases, or by clarifying the names for the entities listed, as
follows:

Iran

    (1) NBC Navegan Bar Co. Ltd., a.k.a., NBC Navegan Bar International
Transport Co. Ltd., 135 Khorramshahr Ave., Tehran 15338-64163,
and 101, Kohrramshahr Ave., Tehran 15338-64163.

United Arab Emirates

    (1) Abubakr Abuelazm, Dubai, U.A.E., 500100 (See alternate address
under Kuwait);
    (2) Advanced Technology General Trading Company, a.k.a, Advanced
Technologies Emirates FZ-LLC, Office 124 1st Floor, Building
3, Dell Building, Sheikh Zayed Road, Dubai Internet City,
Dubai, U.A.E. (See alternate address under Kuwait); and
    (3) Farrokh Nia Yaghmaei, a.k.a, Farokh Nia Yaghmaei, Flat 401- Bin
Yas Center--Al Maktum Road, P.O. Box 42340, Dubai, U.A.E.; and Shops 3-
4, Sharafia Ahmed Ali Building, al-Nakheel, Deira, Dubai, U.A.E.

Correction to the Entity List

    Lastly, this rule makes a technical correction to a final rule
published on December 17, 2010 (75 FR 78883). The changes in the
December 17, final rule included a revision to the Entity List for an
entity located in China called the ``Chinese Academy of Engineering
Physics.'' The changes included revising the entry to add additional
aliases for that entry. The eighteenth alias was listed as ``University
of Electronic Science and Technology of China, 901 Institute, (No. 4,
2nd Section, North Jianshe Road, Chengdu, 610054).'' These aliases
should have been listed as two separate aliases: the ``University of
Electronic Science and Technology of China, (No. 4, 2nd Section, North
Jianshe Road, Chengdu, 610054)'' and the ``901 Institute.'' This final
rule corrects the entry by listing the aliases as separate aliases for
the Chinese Academy of Engineering Physics.

China

    (1) Chinese Academy of Engineering Physics, a.k.a., the following
nineteen aliases:

--Ninth Academy;
--Southwest Computing Center;
--Southwest Institute of Applied Electronics;
--Southwest Institute of Chemical Materials;
--Southwest Institute of Electronic Engineering;
--Southwest Institute of Environmental Testing;
--Southwest Institute of Explosives and Chemical Engineering;
--Southwest Institute of Fluid Physics;
--Southwest Institute of General Designing and Assembly;
--Southwest Institute of Machining Technology;
--Southwest Institute of Materials;
--Southwest Institute of Nuclear Physics and Chemistry (a.k.a., China
Academy of Engineering Physics (CAEP)'s 902 Institute);
--Southwest Institute of Research and Applications of Special Materials
Factory;
--Southwest Institute of Structural Mechanics;
(--all of the preceding located in or near Mianyang, Sichuan Province)
--Chengdu Electronic Science and Technology University (CUST);
--The High Power Laser Laboratory, Shanghai;
--*The Institute of Applied Physics and Computational Mathematics,
Beijing;
--*University of Electronic Science and Technology of China, (No. 4,
2nd Section, North Jianshe Road, Chengdu, 610054); and
--*901 Institute.

    A BIS license is required for the export, reexport or transfer (in-
country) of any item subject to the EAR to the persons described above,
including any transaction in which this listed entity will act as
purchaser, intermediate consignee, ultimate consignee, or end-user of
the items. This listing of these entities also prohibits the use of
license exceptions (see part 740 of the EAR) for exports, reexports and
transfers (in-country) of items subject to the EAR involving this
entity.

Update to Statement of Legal Authority for Parts 730 and 744

    This rule also revises the authority citation paragraphs for parts
730 and 744 to include the President's notice of January 13, 2011,
which extends for one year the emergency declared on January 23, 1995
(Executive Order 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356) and the
measures adopted on that date and on August 20, 1998 (Executive Order
13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208). These two authority
citation paragraph revisions are purely procedural and do not alter any
right, obligations or prohibition to any person under the EAR.

Savings Clause

    Shipments of items removed from eligibility for a License Exception
or export or reexport without a license (NLR) as a result of this
regulatory action that were on dock for loading, on lighter, laden
aboard an exporting or reexporting carrier, or en route aboard a
carrier to a port of export or reexport, on April 18, 2011, pursuant to
actual orders for export or reexport to a foreign destination, may
proceed to that destination under the previous eligibility for a
License Exception or export or reexport without a license (NLR) so long
as they are exported or reexported before May 3, 2011. Any such items
not actually exported or reexported before midnight, on May 3, 2011,
require a license in accordance with the EAR.
    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of August 12,
2010, 75 FR 50681 (August 16, 2010), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act.

Rulemaking Requirements

    1. This rule has been determined to be not significant for purposes
of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748.
Miscellaneous and recordkeeping activities account for 12 minutes per
submission. Total burden hours associated with the Paperwork Reduction
Act and Office and Management and Budget control number 0694-0088 are
expected to increase slightly as a result of this rule. You may send
comments regarding the collection of information associated with this
rule, including suggestions for reducing the burden, to Jasmeet K.
Seehra, Office of Management and Budget (OMB), by e-mail to<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public comment and a delay in effective date are inapplicable because
this regulation involves a military or foreign affairs function of the
United States. (See 5 U.S.C. 553(a)(1)). The U.S. Government's original
basis for adding the entities affected by this rule to the Entity List
was their (the entities') involvement in activities contrary to U.S.
national security or foreign policy interests. BIS implements this rule
to

further protect U.S. national security and foreign policy interests by
preventing items from being exported, reexported or transferred (in-
country) to these persons listed on the Entity List by making
clarifications to the existing entries to inform exporters, reexporters
and persons making transfers (in-country) of the intended scope of the
license requirements for these listed persons. This action does this by
adding additional addresses for listed persons, clarifying names for
listed persons and adding aliases for listed persons. If this rule were
delayed to allow for notice and comment and a delay in effective date,
there is a chance that certain exporters, reexporters and persons
making transfers (in-country) to these listed persons may inadvertently
export, reexport or transfer (in-country) to a listed person on the
Entity List because the exporter, reexporter or person making the
transfer (in-country) did not realize the listed person was subject to
the Entity List-based license requirement because of perceived
ambiguity regarding the listed person, such as the listed person was
using an alias or an alternate address. There is also a chance an
exporter, reexporter or person making a transfer (in-country) may turn
away a potential export, reexport, or transfer (in-country) because the
customer appeared to be within the scope of a listed person on the
Entity List, thereby harming U.S. economic interests. The clarification
of language provided in this rule may make clear that the person was
not subject to an Entity List-based license requirement. For these
reasons there is a public interest that these changes be implemented as
a final action. Further, no other law requires that a notice of
proposed rulemaking and an opportunity for public comment be given for
this rule. Because a notice of proposed rulemaking and an opportunity
for public comment are not required to be given for this rule by 5
U.S.C. 553, or by any other law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable.

List of Subjects

15 CFR Part 730

    Administrative practice and procedure, Advisory committees,
Exports, Reporting and recordkeeping requirements, Strategic and
critical materials.

15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, parts 730 and 744 of the Export Administration
Regulations (15 CFR parts 730-774) are amended as follows:

PART 730--[AMENDED]

0
1. The authority citation for 15 CFR part 730 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151
note; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s),
185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C.
1824a; 50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
E.O. 11912, 41 FR 15825, 3 CFR, 1976 Comp., p. 114; E.O. 12002, 42
FR 35623, 3 CFR, 1977 Comp., p.133; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12214, 45 FR 29783, 3 CFR, 1980 Comp., p.
256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12854,
58 FR 36587, 3 CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR 28205, 3
CFR, 1994 Comp., p. 899; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp.,
p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O.
12981, 60 FR 62981, 3 CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR
54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp.,
p.208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O.
13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; E.O. 13338, 69 FR
26751, 3 CFR, 2004 Comp., p. 168; Notice of August 12, 2010, 75 FR
50681 (August 16, 2010); Notice of November 4, 2010, 75 FR 68673
(November 8, 2010); Notice of January 13, 2011, 76 FR 3009.

PART 744--[AMENDED]

0
2. The authority citation for 15 CFR part 744 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179;
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of August 12, 2010, 75 FR 50681
(August 16, 2010); Notice of November 4, 2010, 75 FR 68673 (November
8, 2010); Notice of January 13, 2011, 76 FR 3009 (January 18, 2011).

0
3. Supplement No. 4 to part 744 is amended:
0
(a) By removing under United Arab Emirates, the entity: ``Sayed-Ali
Hosseini, 201 Latifah Building, Al Maktoum St., Dubai, U.A.E.'';
0
(b) By removing under United Kingdom, the entity: ``Ad Hoc Marine
Designs Ltd., 38 Buckland Gardens, Ryde Isle of Wight PO 33 3AG, United
Kingdom.''
0
(c) By revising under China, the entity ``Chinese Academy of
Engineering Physics'';
0
(d) By revising under Iran, the entity ``NBC Navegan Bar Co. Ltd''; and
0
(e) By revising under United Arab Emirates, the entities ``Abubakr
Abuelazm,'' ``Advanced Technology General Trading Company,'' and
Farrokh Nia Yaghmaei.
    The revisions read as follows:

                                    Supplement No. 4 to Part 744--Entity List
----------------------------------------------------------------------------------------------------------------
                                                           License                              Federal Register
           Country                    Entity             requirement     License review policy      citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
CHINA, PEOPLE'S REPUBLIC OF.                                     * * * * * * *
                              Chinese Academy of      For all items      Case-by-case basis...  62 FR 35334, 6/
                               Engineering Physics     subject to the                            30/97. 66 FR
                               a.k.a., the following   EAR.                                      24266, 5/14/01.
                               nineteen aliases:                                                 75 FR 78883, 12/
                              --Ninth Academy;......                                             17/10. 76 FR
                              --Southwest Computing                                              [INSERT FR PAGE
                               Center;.                                                          NUMBER], 4/18/
                              --Southwest Institute                                              11.
                               of Applied
                               Electronics;.
                              --Southwest Institute
                               of Chemical
                               Materials;.
                              --Southwest Institute
                               of Electronic
                               Engineering;
                              --Southwest Institute
                               of Environmental
                               Testing;
                              --Southwest Institute
                               of Explosives and
                               Chemical Engineering;
                              --Southwest Institute
                               of Fluid Physics;

                              --Southwest Institute
                               of General Designing
                               and Assembly;
                              --Southwest Institute
                               of Machining
                               Technology;
                              --Southwest Institute
                               of Materials;
                              --Southwest Institute
                               of Nuclear Physics
                               and Chemistry
                               (a.k.a., China
                               Academy of
                               Engineering Physics
                               (CAEP)'s 902
                               Institute);
                              --Southwest Institute
                               of Research and
                               Applications of
                               Special Materials
                               Factory;
                              --Southwest Institute
                               of Structural
                               Mechanics;
                              (all of preceding
                               located in or near
                               Mianyang, Sichuan
                               Province);
                              -- Chengdu Electronic
                               Science and
                               Technology University
                               (CUST);
                              --The High Power Laser  .................
                               Laboratory, Shanghai;
                              --The Institute of
                               Applied Physics and
                               Computational
                               Mathematics, Beijing;
                              --University of
                               Electronic Science
                               and Technology of
                               China, 901 Institute,
                               (No. 4, 2nd Section,
                               North Jianshe Road,
                               Chengdu, 610054); and
                              --901 Institute.

                                                  * * * * * * *
IRAN........................                                     * * * * * * *
                              NBC Navegan Bar Co.     For all items      Presumption of denial  73 FR 54503, 9/
                               Ltd., a.k.a., NBC       subject to the                            22/08. 76 FR
                               Navegan Bar             EAR. (See Sec.                            [INSERT FR PAGE
                               International           744.11 of the                             NUMBER], 4/18/
                               Transport Co. Ltd.,     EAR).                                     11.
                               135
                               Khorramshahr Ave.,
                               Tehran 15338-64163,
                               and 101, Kohrramshahr
                               Ave., Tehran 15338-
                               64163.
                                                                 * * * * * * *

                                                  * * * * * * *
UNITED ARAB EMIRATES........                                     * * * * * * *
                              Abubakr Abuelazm,       For all items      Presumption of denial  73 FR 54509, 9/
                               Dubai, U.A.E., 500100   subject to the                            22/08. 76 FR
                               (See alternate          EAR. (See Sec.                            [INSERT FR PAGE
                               address under Kuwait).  744.11 of the                             NUMBER], 4/18/
                                                       EAR).                                     11.
                              Advanced Technology     For all items      Presumption of denial  73 FR 54509, 9/
                               General Trading         subject to the                            22/08. 73 FR
                               Company, a.k.a,         EAR (See Sec.                             74001, 12/5/08.
                               Advanced Technologies   744.11 of the                             74 FR 35797,
                               Emirates FZ-LLC,        EAR).                                    7/21/09. 76 FR
                               Office 124                                               [INSERT FR PAGE
                               1st Floor, Building                                               NUMBER], 4/18/
                               3, Dell                                                  11.
                               Building, Sheikh
                               Zayed Road, Dubai
                               Internet City, Dubai,
                               U.A.E. (See alternate
                               address under Kuwait).
                                                                 * * * * * * *
                              Farrokh Nia Yaghmaei,   For all items      Presumption of denial  73 FR 54510, 9/
                               a.k.a, Farokh Nia       subject to the                            22/08. 76 FR
                               Yaghmaei, Flat 401--    EAR. (See Sec.                            [INSERT FR PAGE
                               Bin Yas Center--Al      744.11 of the                             NUMBER], 4/18/
                               Maktum Road, P.O. Box   EAR).                                     11.
                               42340, Dubai, U.A.E.;
                               and Shops 3-4,
                               Sharafia Ahmed Ali
                               Building, al-Nakheel,
                               Deira, Dubai, U.A.E.
                                                                 * * * * * * *

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    Dated: April 11, 2011.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2011-9181 Filed 4-15-11; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Notices]
[Pages 34788-34790]
[FR Doc No: 2015-14856]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0077; Notice 1]

Automobili Lamborghini SpA, Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of Petition.

-----------------------------------------------------------------------

SUMMARY: Automobili Lamborghini SpA (Lamborghini), has determined that
certain model year (MY) 2008-2014 Lamborghini Aventador, Gallardo and
Muricielago Coupe, Roadster and Spyder model passenger cars do not
fully comply with paragraph S4.4(c)(2), of Federal Motor Vehicle Safety
Standard (FMVSS) No. 138, Tire Pressure Monitoring Systems. Lamborghini
has filed an appropriate report dated May 23, 2014, pursuant to 49 CFR
part 573, Defect and Noncompliance Responsibility and Reports.

DATES: The closing date for comments on the petition is July 17, 2015.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited at the beginning of this notice and
submitted by any of the following methods:
     Mail: Send comments by mail addressed to: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Deliver: Deliver comments by hand to: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except
Federal Holidays.
     Electronically: Submit comments electronically by: Logging
onto the Federal Docket Management System (FDMS) Web site at http://www.regulations.gov/ Follow the online instructions for submitting
comments.

    Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.

SUPPLEMENTARY INFORMATION:
    I. Lamborghini's Petition: Pursuant to 49 U.S.C. 30118(d) and
30120(h) and the rule implementing those provisions at 49 CFR part 556,
Lamborghini submitted a petition for an exemption from the notification
and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this
noncompliance is inconsequential to motor vehicle safety.
    This notice of receipt of Lamborghini's petition is published under
49 U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Affected are 690 MY 2012-2014 Lamborghini
Aventador Coupe and Roadster model passenger cars manufactured between
July 15, 2011 and May 13, 2014; 456 MY 2008-2010 Lamborghini
Muricielago Coupe and Roadster model passenger cars manufactured
between April 3, 2007 and April 29, 2010; and 2361 Lamborghini Gallardo
Coupe and Spyder model passenger cars manufactured between June 14,
2007 and November 20, 2013, for a total of 3507 vehicles.
    III. Noncompliance: Lamborghini explains that the Tire Pressure
Monitoring System (TPMS) malfunction indicator illuminates as required
by FMVSS No. 138 when a malfunction is first detected, however, if the
malfunction is caused by an incompatible wheel, when the vehicle
ignition is deactivated and then reactivated to the ``On'' (``Run'')
position after a five-minute period, the malfunction indicator does not
re-illuminate immediately as required. Lamborghini added, that the
malfunction indicator in the subject vehicles will re-illuminate after
a maximum of 40 seconds of driving above 23 mph.
    Rule Text: Paragraph S4.4(c)(2) of FMVSS No. 138 requires in
pertinent part:

    S4.4 TPMS Malfunction.
    (c) Combination low tire pressure/TPMS malfunction telltale. The
vehicle meets the requirements of S4.4(a) when equipped with a
combined Low Tire Pressure/TPMS malfunction telltale that:
    (2) Flashes for a period of at least 60 seconds but no longer
than 90 seconds upon detection of any condition specified in S4.4(a)
after the ignition locking system is activated to the ``On''
(``Run'') position. After each period of prescribed flashing, the
telltale must remain continuously illuminated as long as a
malfunction exists and the ignition locking system is in the ``On''
(``Run'') position. This flashing and illumination sequence must be
repeated each time the ignition locking system is placed in the
``On'' (``Run'') position until the situation causing the
malfunction has been corrected . . .

    V. Summary of Lamborghini's Analyses: Lamborghini stated its belief
that the subject noncompliance is inconsequential to motor vehicle
safety for the following reasons:
    (A) Lamborghini stated that the primary function of the TPMS is not
affected by the subject noncompliance and that the vehicle and system
will operate as intended. Specifically, the TPMS system properly
monitors the tire pressures and properly notifies the driver if the
tire pressure falls below the threshold required by the standard.
Lamborghini also stated the noncompliance is confined to one particular
aspect of the functionality of the malfunction indicator, which itself
is otherwise compliant.
    (B) Lamborghini mentioned that NHTSA recognized in the TPMS final
rule (70 FR 18150, April 8, 2005), ``A TPMS malfunction does not itself
represent a safety risk to vehicle occupants, and we expect that the
chances of having a TPMS malfunction and a significantly under-inflated
tire at the same time are unlikely.'' Lamborghini responded by saying
that if a TPMS malfunction is not considered a safety risk, then ipso
facto the limited noncompliance of the malfunction indicator in this
case does not present an unreasonable risk to safety.
    (C) Lamborghini stated that if the TPMS fails to detect the wheel
sensors, the TPMS will in fact display on the TPMS pressures screen
within the instrument cluster a ``no value'' for the tire pressure on
the affected tire, indicating that the status of the wheel sensor is
unconfirmed. Thus, the driver is still notified of an anomaly.
    (D) Lamborghini stated that although the malfunction indicator does
not re-illuminate immediately after the vehicle is restarted, it will
illuminate shortly thereafter, and in any event it will illuminate in
no more than approximately 40 seconds. Lamborghini explained that once
a vehicle has started and is moving above 23 mph for a period of 15
seconds the TPMS will seek to confirm the sensors fitted to the
vehicle. Lamborghini stated that a wheel without a sensor will be
detected within an additional 15-25 seconds, the TPMS malfunction
indicator will illuminate correctly, and once the malfunction indicator
is illuminated it will remain illuminated throughout that ignition
cycle, regardless of the vehicle's speed.
    (E) Lamborghini is not aware of any customer complaints, field
communications, incidents or injuries related to this condition.
    Lamborghini has additionally informed NHTSA that all unsold
vehicles in Lamborghini's custody and control will have a reprogramming
of the TPMS Electronic Control Unit prior to sale.
    In summation, Lamborghini believes that the described noncompliance
of the subject vehicles is inconsequential to motor vehicle safety, and
that its petition, to exempt Lamborghini from providing recall
notification of noncompliance as required by 49 U.S.C. 30118 and
remedying the recall noncompliance as required by 49 U.S.C. 30120
should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject motor vehicles that
Lamborghini no longer controlled at the time it determined that the

noncompliance existed. However, any decision on this petition does not
relieve vehicle distributors and dealers of the prohibitions on the
sale, offer for sale, or introduction or delivery for introduction into
interstate commerce of the noncompliant vehicles under their control
after Lamborghini notified them that the subject noncompliance existed.

    Authority: (49 U.S.C. 30118, 30120: Delegations of authority at
49 CFR 1.95 and 501.8)

Jeffrey Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-14856 Filed 6-16-15; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 85, Number 213 (Tuesday, November 3, 2020)]
[Rules and Regulations]
[Pages 69496-69498]
[FR Doc No: 2020-24243]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0473; Project Identifier 2018-CE-058-AD; Amendment
39-21308; AD 2020-22-12]
RIN 2120-AA64

Airworthiness Directives; Polskie Zaklady Lotnicze Sp. z o.o
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Polskie Zaklady Lotnicze Sp. z o.o. Model PZL M28 05 airplanes.
This AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as defective thermo-shrinkable
tubes installed on the electrical harnesses located in the fuel tanks.
This AD requires a one-time inspection of the electrical harnesses
located in the fuel tanks and, depending on findings, replacement of
the affected harness. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective December 8, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 8,
2020.

ADDRESSES: For service information identified in this final rule,
contact Polskie Zaklady Lotnicze Sp. z o.o., Wojska Polskiego 3, 39-300
Mielec, Poland, telephone: +48 17 743 1901, email<EMAIL_ADDRESS>
internet: http://www.pzlmielec.pl/. You may view this service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 901 Locust, Kansas City, Missouri 64106. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.
It is also available on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0473.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0473; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the MCAI, any comments received, and other
information. The address for Docket Operations is U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA,
General Aviation & Rotorcraft Section, International Validation Branch,
901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816)
329-4059; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain serial-numbered
Polskie Zaklady Lotnicze Sp. z o.o. Model PZL M28 05 airplanes. The
NPRM published in the Federal Register on May 14, 2020 (85 FR 28893).
The NPRM proposed to correct an unsafe condition for the specified
products and was based on MCAI originated by the European Union
Aviation Safety Agency (EASA), which is the Technical Agent for the
Member States of the European Union. EASA issued AD No. 2018-0242,
dated October 8, 2018 (referred to after this as ``the MCAI''), which
states:

    During accomplishment of maintenance on an M28 05 military
version airplane, torn pieces of thermo-shrinkable tubes were found
in the header section of the main fuel tank. These tubes are
installed on electrical harnesses located in the fuel tanks and
serve as marking and protection devices against mechanical damage
during manufacturing and servicing. Pieces of these tubes may travel
with the fuel flow and may block the jet pump or reduce its
performance, particularly in the centre-wing fuel tank, in which the
jet pump is the only way of further transfer of fuel to the engine.
Subsequent investigation determined that degradation of the tube
material was caused by a manufacturing deficiency, leading to
insufficient material resistance against mechanical damage when a
tube is located in a fuel.
    This condition, if not detected and corrected, could lead to
reduced fuel supply to the engines, inability to use all the fuel in
fuel tanks and reduced available engine power, resulting in reduced
aeroplane performance.
    To address this potentially unsafe condition, PZL identified the
batch of aeroplanes that are potentially equipped with thermo-
shrinkable tubes having this manufacturing defect, and issued the
[service bulletin] SB providing inspection and replacement
instructions.
    For the reasons described above, this [EASA] AD requires a one-
time inspection of the electrical harnesses located in the fuel
tanks and, depending on findings, replacement of the affected
harness.

    Polskie Zaklady Lotnicze Sp. z o.o. informed the FAA the potential
for damage to the thermo-shrinkable tubes does not progress with time.
Therefore, the FAA determined repetitive inspections are not required.
You may examine the MCAI on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-0473.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

    An individual commenter supported the NPRM.

Request To Change the Cost of Compliance

    Another individual commenter requested the FAA increase the
estimated number of labor hours in the cost of compliance. The
commenter stated the number of hours should be increased from 3 to at
least 44 to 48, based on the time and personnel needed to open the
center wing panels, properly shore the engines, open the tank covers,
perform the inspection, and complete the close up. The commenter
further stated that this would not include costs for any de-fueling,
de-puddling, re-fueling, or leak checks that may need to be done.
    The FAA disagrees. The cost analysis in AD rulemaking actions
typically includes only the costs associated with complying with the
AD. In the NPRM, the FAA estimated 3 work hours to perform the
inspection and 60 work hours, if necessary, to replace the harness,
based on information from the design approval holder. The compliance
time for this AD allows the operator do this inspection at the same
time as other maintenance when the airplane has been prepared for other
tasks. No changes were made to the proposed AD based on this comment.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule as proposed.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Polskie Zaklady Lotnicze Sp. z o.o. Service
Bulletin No. E/12.141/2018, dated May 15, 2018. The service information
contains procedures for inspecting the thermo-shrinkable tubes on the
electrical harnesses in the center and outer wing fuel tanks for damage
and replacing any electrical harness with damaged thermo-shrinkable
tubes. This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD will affect 15 products of U.S.
registry. The FAA also estimates that it will take about 3 work-hours
per product to comply with the inspection requirement of this AD. The
average labor rate is $85 per work-hour.
    Based on these figures, the FAA estimates the cost of the AD on
U.S. operators to be $3,825, or $255 per product.
    In addition, the FAA estimates that any necessary follow-on
replacement action will take about 60 work-hours and require parts
costing $5,000, for a cost of $10,100 per electrical harness. The FAA
has no way of determining the number of airplanes that may need these
actions.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or

develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect 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.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2020-22-12 Polskie Zaklady Lotnicze Sp. z o.o: Amendment 39-21308;
Docket No. FAA-2020-0473; Project Identifier 2018-CE-058-AD.

(a) Effective Date

    This AD is effective December 8, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Polskie Zaklady Lotnicze Sp. z o.o. Model PZL
M28 05 airplanes, serial numbers AJE00301 through AJE00343, and
AJE00345 through AJE00347, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 28: Fuel Tank.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as defective
thermo-shrinkable tubes installed on the electrical harnesses
located in the fuel tanks. The FAA is issuing this AD to prevent
broken pieces of the thermo-shrinkable tubes from blocking the jet
pump, reducing fuel supply to the engines, and resulting in the
inability to use all the fuel in the fuel tanks. This condition
could lead to reduced engine power and airplane performance.

(f) Actions and Compliance

    Unless already done, do the following actions in paragraphs
(f)(1) and (2) of this AD:
    (1) Within the next 200 hours time-in-service (TIS) after the
effective date of this AD or within the next 8 months after the
effective date of this AD, whichever occurs first:
    (i) Inspect each electrical wire harness in the center wing and
the left-hand and right-hand outer wing fuel tanks for cracking,
tears, and seizing of the thermo-shrinkable tubes in accordance with
paragraphs II.1 through 2 a) of the Procedure for Bulletin Execution
section in Polskie Zaklady Lotnicze Sp. z o.o. Service Bulletin No.
E/12.141/2018, dated May 15, 2018.
    (ii) If there is a tear or any cracking in or any seizing of an
electrical wire harness thermo-shrinkable tube, before further
flight, replace the harness in accordance with section II. a)
Replacement of harness KL8 (KP), II. b) Replacement of Harness KL9
(KP9), or II. c) Replacement of harness KL10 (KP10), as applicable,
of the Procedure for Bulletin Execution in Polskie Zaklady Lotnicze
Sp. z o.o. Service Bulletin No. E/12.141/2018, dated May 15, 2018.
    (2) As of the effective date of this AD, do not install any
electrical wire harness part number 28.14.7205.073.000,
28.14.7205.074.000, 28.14.7205.075.000, 28.14.7205.076.000,
28.14.7205.077.000, or 28.14.7205.078.000, that has more than zero
hours TIS on any airplane, unless it has passed the inspection
required by paragraph (f)(1)(i) of this AD.

(g) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to Doug Rudolph,
Aerospace Engineer, FAA, General Aviation & Rotorcraft Section,
International Validation Branch, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Before using any approved AMOC on any
airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.

(h) Related Information

    Refer to European Union Aviation Safety Agency (EASA) AD No.
2018-0242, dated October 8, 2018, for more information. You may
examine the EASA AD in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0473.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Polskie Zaklady Lotnicze Sp. z o.o. Service Bulletin No. E/
12.141/2018, dated May 15, 2018.
    (ii) [Reserved]
    (3) For Polskie Zaklady Lotnieze Spolka zo.o service information
identified in this AD, contact Polskie Zaklady Lotnicze Sp. z o.o.,
Wojska Polskiego 3, 39-300 Mielec, Poland, telephone: +48 17 743
1901, email<EMAIL_ADDRESS>internet: http://www.pzlmielec.pl.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, Missouri 64106. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 19, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-24243 Filed 11-2-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Notices]
[Pages 64440-64441]
[FR Doc No: 2023-20226]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-N-2286]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Voluntary National
Retail Food Regulatory Program Standards

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Submit written comments (including recommendations) on the
collection of information by October 19, 2023.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be submitted to https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. The OMB control number for
this information collection is 0910-0621. Also include the FDA docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Voluntary National Retail Food Regulatory Program Standards

OMB Control Number 0910-0621--Revision

    This information collection helps support implementation of FDA's
Voluntary National Retail Food Regulatory Program Standards (the Retail
Program Standards). Regulatory Program Standards play a critical role
in an integrated food safety system and serve as the foundation for
mutual reliance between FDA and other regulatory agencies that work to
ensure food safety. The Retail Program Standards define what
constitutes a highly effective and responsive program for the
regulation of foodservice and retail food establishments. The Retail
Program Standards are intended to provide a foundation upon which
continuous improvements can be made with the ultimate goal to reduce
the occurrence of factors that cause and contribute to foodborne
illness. In support of this goal, FDA works cooperatively with our
State, local, Territorial, and Tribal partners using a risk-based
approach to leverage limited resources. We engage in education and
outreach efforts to facilitate collaboration with our partners in food
safety. The Retail Program Standards represent an important component
of a comprehensive strategic approach to help ensure the safety and
security of the food supply at the retail level. Respondents to the
information collection are State, local, Territorial, and Tribal
governments.
    The Retail Program Standards were revised most recently in August
2022 and include the following elements: (1) regulatory foundation; (2)
trained regulatory staff; (3) inspection program based on Hazard
Analysis and Critical Control Point principles; (4) uniform inspection
program, (5) foodborne illness and food defense preparedness and
response; (6) compliance and enforcement; (7) industry and community
relations; (8) program support and resources; and (9) program
assessment. These elements are enumerated and discussed on our website
at https://www.fda.gov/food/voluntary-national-retail-food-regulatory-program-standards/voluntary-national-retail-food-regulatory-program-standards-august-2022 along with worksheets and assessments that allow
FDA to determine conformance with the Retail Program Standards. State,
local, territorial, tribal, and Federal regulatory agencies that
participate in the voluntary program are required to report information
demonstrating that a program self-assessment, a risk factor study of
the regulated industry, and an independent outside audit (verification
audit) have been completed. The information also includes Form FDA
3958, ``Voluntary National Retail Food Regulatory Program Standards FDA
National Registry Report,'' which may be completed electronically at
https://www.fda.gov/food/voluntary-national-retail-food-regulatory-program-standards/voluntary-national-retail-food-regulatory-program-standards-august-2022.
    Finally, we are revising the information collection to include
additional Agency resources. We have created a dedicated emailbox at
[email protected] to receive requests for program
documentation and have developed the following instruments to support
the standardization of food safety inspection officer candidates:
     Proposed Form FDA 5017, ``Standardized Retail Food Safety
Inspection Officer Waiver of Annual Maintenance Requirement Form,''
pertains to requests for waivers from maintenance requirements,
referenced in section 3-403 of the ``FDA Procedures for Standardization
of Retail Food Safety Inspection Officers.'' FDA uses the information
submitted on Form FDA 5017 to determine a food safety inspection
officer's eligibility for restandardization.
     Proposed Form FDA 5018, ``Standardized Retail Food Safety
Inspection Officer Annual Maintenance Form,'' provides verification
that a food safety inspection officer has met program standardization
requirements in accordance with section 3-403 of the ``FDA Procedures
for Standardization of Retail Food Safety Inspection Officers.''
     Proposed Form FDA 5019, ``Standardized Food Safety
Inspection Officer Nomination Form,'' allows FDA to collect
qualification information from food safety inspection officer
candidates.
    In the Federal Register of August 30, 2023 (88 FR 42372) FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    We estimate the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
  Voluntary national retail                      Number of
  program standards (August      Number of     responses per   Total annual   Average burden per    Total hours
            2022)               respondents     respondent       responses         response
----------------------------------------------------------------------------------------------------------------
Program self-assessments for             500               1             500  92.3..............          46,150
 element Nos. 1 through 8.
Program element No. 9; risk              500               1             500  333...............         166,500
 factor study and
 intervention strategy.
Program Verification audit..             500               1             500  46.15.............          23,075
Program records; associated              500               1             500  94.29.............          47,145
 documentation/maintenance
 of worksheets, assessments,
 associated program tools.
FDA Form 3958; VNRFP                     500               1             500  0.1 (6 minutes)...              50
 National Registry Report.
Requests for program                     500               3           1,500  0.1 (6 minutes)...             150
 documentation (dedicated
 email).
Proposed Form FDA 5017;                   10               1              10  0.35 (21 minutes).             3.5
 Waiver of Annual
 Maintenance Requirement.
Proposed Form FDA 5018; Food             130               1             130  0.35 (21 minutes).              43
 Safety Inspection Officer
 Annual Maintenance.
Proposed Form FDA 5019; Food              14               1              14  0.35 (21 minutes).               5
 Safety Inspection Officer
 Nomination.
                             -----------------------------------------------------------------------------------
    Total...................  ..............  ..............           4,154  ..................       283,121.5
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital or operational and maintenance costs associated with this collection of information.

    Our estimate of burden for the associated program activities as
identified in table 1 is based on our experience with the information
collection, along with other regulatory standards programs we
administer. Upon reorganizing the collection to reflect the cumulative
activities, we have accounted for burden that may be attributable
recordkeeping for risk-factor studies and verification tasks that may
have been previously overlooked. The burden we attribute to completing
and submitting FDA Form 3958, ``Voluntary National Retail Food
Regulatory Program Standards FDA National Registry Report,'' is
exclusive of other program records, which we account for in row 4. We
have also accounted for burden we assume will be attendant to the
completion and submission of newly developed Agency forms. As a result
of these changes and adjustments, the information collection reflects
an increase of 235,776.5 hours and 1,654 responses annually.

    Dated: September 14, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-20226 Filed 9-18-23; 8:45 am]
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[Federal Register Volume 78, Number 169 (Friday, August 30, 2013)]
[Rules and Regulations]
[Pages 53640-53642]
[FR Doc No: 2013-19923]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0424; Directorate Identifier 2013-NM-014-AD;
Amendment 39-17564; AD 2013-16-26]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus Model A330-200 Freighter series airplanes; Model A330-200 and -
300 series airplanes, and Model A340-200 and -300 series airplanes.
This AD was prompted by reports of cracked adjacent frame forks of a
forward cargo door. This AD requires repetitive detailed inspections
for cracks and sheared, loose, or missing rivets of the forward cargo
door and, for certain airplanes, of the aft cargo door, and repair if
necessary. We are issuing this AD to detect and correct cracked or
ruptured cargo door frames, which could result in reduced structural
integrity of the forward or aft cargo door.

DATES: This AD becomes effective October 4, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 4,
2013.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1138; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
The NPRM was published in the Federal Register on May 20, 2013 (78 FR
29261). The NPRM proposed to correct an unsafe condition for the
specified products. The European Aviation Safety Agency (EASA), which
is the Technical Agent for the Member States of the European Community,
has issued EASA Airworthiness Directive 2012-0274, dated December 21,
2012 (referred to after this as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    One A330 operator recently reported a case where two adjacent
frame (FR) forks of a forward cargo door were found cracked. FR20B
was found cracked through, FR21 was found cracked half through. At
the time of the findings, the affected aeroplane had accumulated
around 21 000 flight cycles (FC) and it had already been inspected
in accordance with EASA AD 2011-0007R1 [(http://ad.easa.europa.eu/blob/easa_ad_2011_0007_R1.pdf/AD_2011-0007R1_1)] [which
corresponds to FAA AD 2012-12-12, Amendment 39-17092 (77 FR 37797,
June 25, 2012)] and ALI [airworthiness limitation instructions] Task
523106-01-1. However, during those inspections, the forward cargo
door handle access panel is not required to be removed, which
explains why the cracks at these two internal frame locations were
not detected.
    After further analysis, it was determined that, in case of
cracked or ruptured (forward or aft) cargo door frame, the loads
will be transferred to the remaining structural elements. However,
the second load path is able to sustain the loads for a limited
number of flight cycles only.
    This condition, if not detected and corrected, could lead to
rupture of two vertical frames, resulting in reduced structural
integrity of the forward or aft cargo door.
    To address this condition, Airbus issued four separate Alert
Operators Transmissions (AOT), giving instructions for repetitive
inspections of the affected areas.
    For the reasons described above, this [EASA] AD requires
repetitive detailed visual inspections of aft cargo door at FR60 and
FR60A [for certain airplanes] and forward cargo door at FR21 and
FR20B [for all airplanes], where the cargo door handle access panels
are located, as follow:

--Outer skin rivets for sheared, loose or missing rivets at frame
fork ends,
--whole inner forks for cracks and for sheared, loose or missing
rivets at frame web and flange after removal of handle access
panels, and

the accomplishment of the applicable corrective actions [which
include repair, in accordance with a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA.]
    Note: Accomplishment of the above inspections does not cancel
accomplishment of the inspections as required by EASA [AD] 2011-
0007R1, nor accomplishment of those in accordance with ALI Task
523106-01-1.

You may obtain further information by examining the MCAI in the AD
docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (78 FR 29261, May 20,
2013) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting this AD as proposed-except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (78 FR 29261, May 20, 2013) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 29261, May 20, 2013).

Costs of Compliance

    We estimate that this AD affects 66 airplanes of U.S. registry. We
also estimate that it takes 1 work-hour per product to comply with the
basic requirements of this AD. The average labor rate is $85 per work-
hour. Based on these figures, we estimate the cost on U.S. operators to
be $5,610, or $85 per product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect 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.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the MCAI, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2013-16-26 Airbus: Amendment 39-17564. Docket No. FAA-2013-0424;
Directorate Identifier 2013-NM-014-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective October 4,
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A330-201, -202, -203, -223, -
223F, -243, -243F, -301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes; and Model A340-211, -212, -213, -311, -312, and
-313 airplanes; certificated in any category; all manufacturer
serial numbers (MSNs).

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

    This AD was prompted by reports of cracked adjacent frame forks
of a forward cargo door. We are issuing this AD to detect and
correct cracked or ruptured cargo door frames, which could result in
reduced structural integrity of the forward or aft cargo door.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Inspections for Certain Airplanes

    For Model A330-200, -200 Freighter, and -300 airplanes up to MSN
0162 inclusive, except those on which Airbus Service Bulletin A330-
52-3044 has been embodied in service; and for Model A340-200 and -
300 airplanes up to MSN 0164 inclusive, except those on which Airbus
Service Bulletin A340-52-4054 has been embodied in service: Before
the accumulation of 15,800 total flight cycles since the airplane's
first flight or within 100 flight cycles after the effective date of
this AD, whichever occurs later, do a detailed inspection of the
outer skin rivets at the frame fork end of frame (FR)60 and FR60A of
the aft cargo door for sheared, loose, or missing rivets; and do a
detailed inspection of the whole FR60 and FR60A forks for cracking
and for sheared, loose, or missing rivets at the frame web and
flanges; in accordance with Airbus Alert Operator Transmission (AOT)
A330-A52L001-12, dated December 3, 2012; or Airbus AOT A340-A52L002-
12, dated December 3, 2012; as applicable. Repeat the inspections
thereafter at intervals not to exceed 400 flight cycles.

(h) Inspections for All Airplanes

    Within the applicable compliance time specified in paragraph
(h)(1) or (h)(2) of this AD, do a detailed inspection of outer skin
rivets at the frame fork end of FR21 and FR20B of the forward cargo
door for sheared, loose, or missing rivets; and do a detailed
inspection of the whole FR21 and FR20B forks for cracks and for
sheared, loose, or missing rivets at the frame web and flanges; in
accordance with Airbus AOT A330-A52L003-12, dated December 3, 2012;
or Airbus AOT A340-A52L004-12, dated December 3, 2012; as
applicable. Repeat this inspection thereafter at intervals not to
exceed 800 flight cycles.
    (1) For airplanes having less than 18,400 total flight cycles
since the airplane's first flight as of the effective date of this
AD: Before the accumulation of 10,600 total flight cycles since the
airplane's first flight, or within 100 flight cycles after the
effective date of this AD, whichever occurs later.
    (2) For airplanes having 18,400 total flight cycles or more
since the airplane's first flight as of the effective date of this
AD: Within 50 flight cycles after the effective date of this AD.

(i) Repair

    If any cracking, or sheared, loose, or missing rivet is found
during any inspection required by this AD, before further flight,
repair using a method approved by either the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA) (or its delegated agent).

(j) Non-Terminating Action

    Doing the repair required by paragraph (i) of this AD is not
terminating action for the repetitive inspections required by
paragraphs (g) and (h) of this AD for that cargo door, unless the
repair instruction specifically states it is terminating action.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 International Branch, send it to ATTN: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport

Airplane Directorate, FAA 1601 Lind Avenue SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
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. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(l) Related Information

    Refer to Mandatory Continuing Airworthiness Information EASA
Airworthiness Directive 2012-0274, dated December 21, 2012, for
related information, which can be found in the AD docket on the
Internet at http://www.regulations.gov.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Alert Operator Transmission A330-A52L001-12, dated
December 3, 2012. The first page of this document contains the
document number and date; no other pages contain this information.
    (ii) Airbus Alert Operator Transmission A330-A52L003-12, dated
December 3, 2012. The first page of this document contains the
document number and date; no other pages contain this information.
    (iii) Airbus Alert Operator Transmission A340-A52L002-12, dated
December 3, 2012. The first page of this document contains the
document number and date; no other pages contain this information.
    (iv) Airbus Alert Operator Transmission A340-A52L004-12, dated
December 3, 2012. The first page of this document contains the
document number and date; no other pages contain this information.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 9, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-19923 Filed 8-29-13; 8:45 am]
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