[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Rules and Regulations]
[Pages 94962-94963]
[FR Doc No: 2016-31208]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740 and 744

[Docket No. 161005929-6929-01]
RIN 0694-AH18

Burma: Amendment of the Export Administration Regulations
Consistent With an Executive Order That Terminated U.S. Government's
Sanctions

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) consistent with Executive
Order 13742 of October 7, 2016. That Executive Order terminated the
national emergency with respect to the actions and policies of the
Government of Burma (Burma) and revoked several Burma-related Executive
Orders in recognition of Burma's substantial advances to promote
democracy, including historic elections held in November 2015 that
resulted in the formation of a democratically elected, civilian-led
government. Specifically, in this rule, BIS removes license
requirements and other restrictions on exports, reexports or transfers
(in country) of items subject to the EAR made to persons whose property
and interests in property were blocked pursuant to three Burma-related
Executive Orders that were revoked on October 7, 2016. Consistent with
the revised U.S. policy toward Burma, this rule also moves Burma from
Country Group D:1 to Country Group B, a less restrictive country group
placement under the EAR.

DATES:  This rule is effective December 27, 2016.

FOR FURTHER INFORMATION CONTACT: Tracy Patts, Foreign Policy Division,
Office of Nonproliferation and Treaty Compliance at telephone (202)
482-4252 or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

U.S. Sanctions Against Burma

    In Executive Order 13047 of May 20, 1997, President Bill Clinton
declared a national emergency to deal with the unusual and
extraordinary threat to the national security and foreign policy of the
United States posed by the actions and policies of the Government of
Burma in response to a deepening pattern of severe repression by the
State Law and Order Restoration Council, the then-governing regime in
Burma, and prohibited new investment in Burma by U.S. persons.
    To take additional steps with respect to the national emergency and
to implement the Burmese Freedom and Democracy Act of 2003 (Pub. L.
108-61, 50 U.S.C. 1701 note) signed into law on July 28, 2003,
President George W. Bush issued on the same day Executive Order 13310
(E.O. 13310), which banned all imports into the United States of
products of Burma and the export of financial services from the United
States or by U.S. persons, wherever located, to Burma. E.O. 13310 also
blocked the property and property interests of persons listed in its
Annex or designated pursuant to criteria set forth in E.O. 13310. To
address the Government of Burma's continued repression of the country's
democratic opposition, President Bush issued two additional Executive
Orders, Executive Order 13448 of October 18, 2007 and Executive Order
13464 of April 30, 2008, that further expanded the scope of the
national emergency and took additional steps with respect to it. Each
of these two Executive Orders blocked the property and interests in
property of persons listed in its Annex or designated pursuant to
criteria set forth in the Executive Orders. President Barack Obama
subsequently issued two Burma-related Executive Orders, Executive Order
13619 of July 11, 2012 (E.O. 13619) and Executive Order 13651 of August
6, 2013 (E.O. 13651), that further modified the scope of the national
emergency and took additional steps with respect to it. E.O. 13619
blocked the property and interests in property of persons listed in its
Annex or designated pursuant to criteria set forth in the Executive
Order. E.O. 13651 revoked the ban imposed in E.O. 13310 on the
importation of products of Burma and imposed a ban on importing into
the United States jadeite or rubies, and articles of jewelry containing
jadeite or rubies, mined or extracted from Burma.
    Consistent with Executive Orders 13310, 13448, and 13464, and the
Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C.
7201 et seq.), BIS amended the EAR by creating new Sec.  744.22 (see 72
FR 60248, October 24, 2007; 74 FR 770, January 8, 2009), to impose a
license requirement for exports, reexports, or transfers (in country)
of items subject to the EAR, except agricultural commodities, medicine,
or medical devices designated as EAR99, to persons listed in or
designated pursuant to Executive Orders 13310, 13448, or 13464. As part
of the initial October 2007 regulatory changes, Burma was moved from
Computer Tier 1 to Computer Tier 3 in part 740 of the EAR (License
Exceptions), thereby restricting Burma's access to high-performance
computers and certain related technology and software under License
Exception APP (Sec.  740.7). In Supplement No. 1 to part 740 (Country
Groups), Burma was moved from Country Group B (countries raising few
national security concerns) to Country Group D:1 (countries raising
national security concerns). This move further limited the number of
license exceptions available for exports or reexports to Burma. Burma
remained in Country Group D:3 (countries raising proliferation concerns
related to chemical and biological weapons).
    As set forth in Sec.  744.22 of the EAR, exports, reexports or
transfers of items subject to the EAR, except agricultural commodities,
medicine, or medical devices designated as EAR99, to any person whose
property and interests in property were blocked pursuant to Executive
Orders 13310, 13448 or 13464, required a license under the EAR and were
reviewed under a general policy of denial. The requirement applied to
such ``blocked'' persons either listed in the Annexes to one of these
three Executive Orders or to persons designated pursuant to one of the
Executive Orders. Persons included in an Annex or designated pursuant
to one of these Executive Orders were identified with the reference
[BURMA] on Treasury's Office of Foreign Assets Control (OFAC's) list of
Specially Designated Nationals and Blocked Persons on OFAC's Web site
at http://www.treas.gov/OFAC.

Termination of U.S. Sanctions Against Burma

    In Executive Order 13742 of October 7, 2016, President Obama
terminated the national emergency declared in Executive Order 13047 and
revoked that Executive Order and the five additional Burma-related
Executive Orders, including Executive Orders 13310, 13448 and 13464.
Consistent with the President's action, in this final rule, BIS removes
and reserves Sec.  744.22 of the EAR.
    In recognition of Burma's substantial advances to promote democracy
identified by President Obama in Executive Order 13742, BIS is also
removing Burma from Country Group D:1 and placing it in Country Group
B, a change that typically broadens the scope of license exceptions
which may be available for exports and reexports of items under the
EAR. Note, however, that Burma will remain in Country

Group D:3 (countries raising proliferation concerns related to chemical
and biological weapons). Burma will also remain in Country Group D:5
(U.S. Arms Embargoes), consistent with Sec.  126.1 of the International
Traffic in Arms Regulations, 22 CFR 120-130, and State Department
Federal Register notices. Therefore, the country is subject to the
general license exception restrictions described in section
740.2(a)(12) of the EAR that apply to 9x515 or ``600 series'' items
destined to, shipped from, or manufactured in a destination listed in
Country Group D:5, except as narrowly provided in subparagraphs
(a)(12)(i) and (ii). Further, Burma will remain in Computer Tier 3 in
part 740 (License Exceptions) pending additional consideration.
Finally, as a general matter, exports and reexports to Burma, and
transfers (in country), remain subject to EAR part 744 end user and
end-use based controls.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. 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 is 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 OMB
control number. This rule affects one approved collection: The
Simplified Network Application Processing + Redesign system (control
number 0694-0088), which carries a burden hour estimate of 43.8
minutes, including the time necessary to submit license applications,
among other things, as well as miscellaneous and other recordkeeping
activities that account for 12 minutes per submission. This rule is
expected to decrease the number of submissions under this collection.
    3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military or foreign affairs function
of the United States under 5 U.S.C. 553(a)(1). This final rule
implements the President's Executive Order 13742 of October 7, 2016,
terminating the national emergency with respect to Burma that had been
in effect since May 20, 1997, revoking certain Burma-related Executive
Orders that expanded or otherwise modified the national emergency, and
waiving other statutory blocking and financial sanctions on Burma. This
rule serves the foreign policy interests of the United States by
removing Burma sanctions under the EAR that were directly related to
three of the revoked Executive Orders and conforming the treatment of
Burma under the EAR with the change in U.S. foreign policy toward the
country already in effect pursuant to Executive Order 13742. 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. Therefore, this regulation is issued in
final form and is made effective immediately upon publication.

List of Subjects

15 CFR Part 740

    Administrative practice and procedure, Burma, Exports, Reporting
and recordkeeping requirements.

15 CFR Part 744

    Burma, Exports, Reporting and recordkeeping requirements,
Terrorism.

    Accordingly, parts 740 and 744 of the Export Administration
Regulations (15 CFR parts 730-774) are amended as follows:

PART 740--[AMENDED]

0
1. The authority citation for part 740 continues to read as follows:

    Authority:  50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22
U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of
August 4, 2016, 81 FR 52587 (August 8, 2016).

Supplement No. 1 to Part 740--[Amended]

0
2. Supplement No. 1 to part 740 is amended by:
0
a. Adding ``Burma'' in Country Group B in alphabetical order; and
0
b. Removing the ``X'' from the row for Burma in the D:1 column of the
Country Group D table.

PART 744--[AMENDED]

0
3. The authority citation for part 744 continues to read as follows:

    Authority:  50 U.S.C. 4601 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 November 12, 2015, 80 FR 70667
(November 13, 2015); Notice of January 20, 2016, 81 FR 3937 (January
22, 2016); Notice of August 4, 2016, 81 FR 52587 (August 8, 2016);
Notice of September 15, 2016, 81 FR 64343 (September 19, 2016).

Sec.  744.22  [Removed and Reserved]

0
4. Remove and reserve Sec.  744.22.

    Dated: December 20, 2016.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2016-31208 Filed 12-23-16; 8:45 am]
 BILLING CODE 3510-13-P


[Federal Register Volume 78, Number 166 (Tuesday, August 27, 2013)]
[Proposed Rules]
[Pages 52875-52877]
[FR Doc No: 2013-20840]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0701; Directorate Identifier 2013-NM-073-AD]
RIN 2120-AA64

Airworthiness Directives; the Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
the Boeing Company Model 727 airplanes. This proposed AD is intended to
complete certain mandated programs intended to support the airplane
reaching its limit of validity (LOV) of the engineering data that
support the established structural maintenance program. This proposed
AD would require repetitive inspections for cracking of small repairs
done on the vertical flange of the rib chord, repetitive inspections
for cracking along the upper fillet radius of the rib chord, and a
large repair or preventive modification if necessary. Accomplishment of
a large repair or preventive modification would terminate the actions
of the proposed AD. We are proposing this AD to prevent cracks in the
rib upper chord, which could result in the inability of the wing
structure to support the limit load condition, and consequent loss of
structural integrity of the wing.

DATES: We must receive comments on this proposed AD by October 11,
2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: 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 Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Galib Abumeri, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office (ACO), 3960 Paramount Blvd., Suite 100, Lakewood, CA 90712-4137;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2013-0701;
Directorate Identifier 2013-NM-073-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    As described in FAA Advisory Circular 120-104 (http://www.faa.gov/documentLibrary/media/Advisory_Circular/120-104.pdf), several programs
have been developed to support initiatives that will ensure the
continued airworthiness of aging airplane structure. The last element
of those initiatives is the requirement to establish a limit of
validity (LOV) of the

engineering data that support the structural maintenance program under
14 CFR 26.21. This proposed AD is the result of an assessment of the
previously established programs by Boeing during the process of
establishing the LOV for Model 727 airplanes. The actions specified in
this proposed AD are necessary to complete certain programs to ensure
the continued airworthiness of aging airplane structure and to support
an airplane reaching its LOV.
    Cracks have been reported on at least 8 airplanes in the upper
vertical flange of the wing-to-body rib upper chord at body station
760. The cracks were detected when the airplanes had reached between
19,700 and 49,000 total flight cycles, and between 35,000 and 54,000
total flight hours. Cracks in the rib upper chord, if not corrected,
could result in the inability of the wing structure to support the
limit load condition, and consequent loss of structural integrity of
the wing.

Related Rulemaking

    AD 90-06-09, Amendment 39-6488 (55 FR 8370, March 7, 1990), which
affects Model 727 series airplanes, requires, among other things,
structural modifications specified in Boeing Service Bulletin 727-57-
0112, Revision 2, dated May 19, 1988.
    AD 94-07-08, Amendment 39-8866 (59 FR 14545, March 29, 1994), which
affects certain Boeing Model 727 series airplanes, requires structural
inspections specified in Boeing Service Bulletin 727-57-0112, Revision
2, dated May 19, 1988, and corrective actions if necessary. The
corrective actions include small repairs, large repairs, and
modifications. AD 94-07-08 requires repetitive inspections for cracks,
but does not require repetitive inspections of small repairs.
Accomplishment of the modification specified in AD 94-07-08 terminates
those repetitive inspections.

Relevant Service Information

    We reviewed Boeing Service Bulletin 727-57-0112, Revision 5, dated
July 31, 1997. For information on the procedures and compliance times,
see this service information at http://www.regulations.gov by searching
for Docket No. FAA-2013-0701.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require repetitive inspections for cracking
of any small repairs done on the vertical flange of the rib chord from
the inboard side. The proposed AD would require a large repair or
modification if any cracking is found. Accomplishment of a large repair
or preventive modification would terminate the actions of the proposed
AD.

Differences Between the Proposed AD and the Service Information

    This proposed AD would require repetitive inspections for cracks
along the upper fillet radius of the rib chord. Boeing Service Bulletin
727-57-0112, Revision 5, dated July 31, 1997, does not specify this
inspection if a small repair is done. This difference has been
coordinated with Boeing.

Costs of Compliance

    We estimate that this proposed AD affects 106 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspections (per wing).........  6 work-hours x $85 per               $0  $510 per            $54,060 per
                                  hour = $510 per                          inspection cycle.   inspection cycle.
                                  inspection cycle.
----------------------------------------------------------------------------------------------------------------

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Large repair 1,2...........................  300 work-hours x $85 per hour =             $12,139         $37,639
                                              $25,500.
Preventive modification 1,3................  57 work-hours x $85 per hour =               10,614          15,459
                                              $4,845.
----------------------------------------------------------------------------------------------------------------
\1\ Cost for on-condition actions (either \2\ or \3\), per wing.
\2\ Cost for large repair, per wing.
\3\ Cost for preventive modification, per wing.

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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
    (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.

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

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):

The Boeing Company: Docket No. FAA-2013-0701; Directorate Identifier
2013-NM-073-AD.

(a) Comments Due Date

    We must receive comments by October 11, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 727, 727C, 727-
100, 727-100C, 727-200, and 727-200F series airplanes, certificated
in any category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD is intended to complete certain mandated programs
intended to support the airplane reaching its limit of validity
(LOV) of the engineering data that support the established
structural maintenance program. We are issuing this AD to prevent
cracks in the rib upper chord, which could result in the inability
of the wing structure to support the limit load condition, and
consequent loss of structural integrity of the wing.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Post-Repair Inspection

    For any small repair that has been done as specified in Boeing
727 Service Bulletin 57-112; or Part III of the Accomplishment
Instructions of Boeing Service Bulletin 727-57-0112: Within 3,500
flight cycles after the small repair was installed or inspected as
specified in Boeing Service Bulletin 727-57-0112, or within 18
months after the effective date of this AD, whichever occurs latest,
do a high frequency eddy current inspection for cracking of the
vertical flange of the rib chord from the inboard side, and do a
detailed (close visual) inspection for cracking along the upper
fillet radius of the rib chord, in accordance with Part III of the
Accomplishment Instructions of Boeing Service Bulletin 727-57-0112,
Revision 5, dated July 31, 1997. Repeat the inspections thereafter
at intervals not to exceed 3,500 flight cycles until accomplishment
of the repair or modification specified in paragraph (i) or (j) of
this AD.

(h) Inspection Definition

    For the purposes of this AD, a detailed inspection is an
intensive examination of a specific item, installation, or assembly
to detect damage, failure, or irregularity. Available lighting is
normally supplemented with a direct source of good lighting at an
intensity deemed appropriate. Inspection aids such as mirror,
magnifying lenses, etc., may be necessary. Surface cleaning and
elaborate procedures may be required.

(i) Corrective Action for Cracks

    If any crack is found during any inspection required by
paragraph (g) of this AD, before further flight, do either action
specified in paragraph (i)(1) or (i)(2) of this AD. Accomplishment
of either action terminates the requirements of paragraphs (g) and
(h) of this AD.
    (1) Do a large repair, in accordance with Part IV of the
Accomplishment Instructions of Boeing Service Bulletin 727-57-0112,
Revision 5, dated July 31, 1997.
    (2) Do a preventive modification, in accordance with Part V of
the Accomplishment Instructions of Boeing Service Bulletin 727-57-
0112, Revision 5, dated July 31, 1997.

(j) Optional Terminating Action

    Accomplishment of the actions specified in either paragraph
(j)(1) or (j)(2) of this AD terminates the requirements of
paragraphs (g), (h), and (i) of this AD.
    (1) A large repair, in accordance with Part IV of the
Accomplishment Instructions of Boeing Service Bulletin 727-57-0112,
Revision 5, dated July 31, 1997. Any crack found must be repaired
before further flight using a method approved in accordance with the
procedures specified in paragraph (l) of this AD.
    (2) A preventive modification, in accordance with Part V of the
Accomplishment Instructions of Boeing Service Bulletin 727-57-0112,
Revision 5, dated July 31, 1997. Any crack found must be repaired
before further flight using a method approved in accordance with the
procedures specified in paragraph (l) of this AD.

(k) Credit for Previous Actions

    This paragraph provides credit for the inspections, large
repair, and modification specified in this AD, if those actions were
performed before the effective date of this AD using Boeing Service
Bulletin 727-57-0112, Revision 4, dated October 29, 1992.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(m) Related Information

    (1) For more information about this AD, contact Galib Abumeri,
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles
Aircraft Certification Office (ACO), 3960 Paramount Blvd., Suite
100, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax: 562-672-
5210; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on August 16, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-20840 Filed 8-26-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: December 12, 2005 (Volume 70, Number 237)]
[Notices]
[Page 73464-73465]
[DOCID:fr12de05-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-127-000]

Enbridge Pipelines (KPC); Notice of Refund Report

December 6, 2005.
    Take notice that on December 1, 2005, Enbridge Pipelines (KPC)
tendered for filing its Annual Excess Interruptible Revenue Refund
Report for the twelve month period ending September 30, 2005.
    KPC states that copies of its transmittal letter and appendices
have been mailed to all affected customers and interested state
commissions.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will

not serve to make protestants parties to the proceeding. Any person
wishing to become a party must file a notice of intervention or motion
to intervene, as appropriate. Such notices, motions, or protests must
be filed on or before the date as indicated below. Anyone filing an
intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. eastern time December 13, 2005.

Magalie R. Salas,
Secretary.
[FR Doc. E5-7227 Filed 12-9-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Rules and Regulations]
[Pages 37510-37513]
[FR Doc No: 2016-13780]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0377]
RIN 1625-AA08

Special Local Regulation; On Water Activities Associated With the
2016 Macy's 4th of July Fireworks, East River, Manhattan, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local
regulation on the navigable waters of the East River and Upper New York
Bay Manhattan and Brooklyn, NY for on water vessel management
associated with the Macy's 4th of July fireworks show. This Special
Local Regulation allows the Coast Guard to enforce spectator vessel
movement and prohibit all vessel traffic from entering the fireworks
barge buffer zone during times when the associated event could pose an
imminent hazard to persons and vessels operating in the area. This rule
is necessary to provide for the safety of life on the navigable waters
and to establish public viewing areas during the event.

DATES: This rule is effective from 6 p.m. through 11 p.m. on July 4,
2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0377 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Kathleen Kane, Vessel Traffic
Services Division, Sector New York, U.S. Coast Guard; telephone (718)
354-4010, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM with respect to this rule
because doing so would be impracticable and contrary to the public
interest. The Coast Guard was provided the final details for this event
on March 31, 2016. Macy's is unable to move their event to a later date
because of the highly publicized nature of this 4th of July event. Due
to a major change in the location of the event from the Hudson, to East
River, the Coast Guard was unable to use the safety zone established by
the recurring Macy's 4th of July fireworks regulation published in
Table 1 of 33 CFR 165.160.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Any delay in this rule
becoming effective would be contrary to public interest since immediate
action is needed to provide for the safety of life and property on the
navigable waters due to the inherent hazards created by the high
concentration of spectator vessels expected in attendance for the
event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. This Special Local Regulation is necessary to ensure the safety
of spectators and vessels from hazards associated with the anticipated
concentration of vessels, before, during, and after the scheduled
event.

IV. Discussion of Comments, Changes, and the Rule

    The Coast Guard is establishing a Special Local Regulation on the
navigable waters of the East River and Upper New York Bay along
Manhattan and Brooklyn, NY for the on water management of vessels
associated with the 2016 Macy's 4th of July event. The Special Local
Regulation is necessary to ensure the safety of spectators from hazards
associated with the anticipated concentration of vessels for the event.
    The event is scheduled to occur from 9:20 p.m. through 9:50 p.m.
and the COTP New York anticipates a large number of vessels will
congregate to view the fireworks display. This rule will be enforced
from 6 p.m. through 11 p.m. on July 4, 2016 in order to ensure that the
area is clear of persons and vessels before the fireworks display
begins, and to ensure that no hazards remain after the fireworks
display ends. If the event is cancelled due to inclement weather, then
this regulation will be enforced from 6 p.m. through 11 p.m. on July 5,
2016.
    The COTP New York will establish seven limited access areas within
the boundary of the regulated area. Access to these areas will be
restricted to vessels of a certain size. The seven limited access areas
are: (1) A ``spectator area'' designated ALFA in which access is
limited to vessels greater than or equal to 20 meters in length
(65.6ft); (2) a ``spectator area'' designated BRAVO in which access is
limited to vessels less than 20 meters in length (65.6ft); (3) a
``buffer zone'' around the fireworks launch barges, designated area
CHARLIE, limited to all vessels tending the fireworks launch barges;
(4) a ``spectator area'' designated DELTA in which access is limited to
vessels greater than 20 meters in length (65.6ft); (5) a ``spectator
area'' designated ECHO in which access is limited to vessels less than
or equal to 20 meters in length (65.6ft); (6) a ``buffer zone'' around
the fireworks launch barge, designated area FOXTROT, limited to all
vessels tending the fireworks launch barges; (7) a ``spectator area''
designated GOLF in which access is open to all vessels all lengths.

    Based on the inherent hazards associated with large concentrations
of vessels in tight confines, the COTP New York has determined that the
event poses a significant risk to public safety and property. The
combination of an increased number of recreational vessels, congested
waterways, and darkness has the potential to result in serious injuries
or fatalities. The buffer zone along with the designated viewing areas
will restrict vessels from a portion of the East River around the
location of the fireworks launch platform before, during, and
immediately after the event. All persons and vessels shall comply with
the instructions of the COTP New York or a designated representative
during the enforcement of the Special Local Regulation.
    Consistent with 33 CFR 165.7, the Coast Guard will notify the
public and local mariners of this Special Local Regulation through
appropriate means, which may include, but are not limited to,
publication in the Federal Register, the Local Notice to Mariners, and
Broadcast Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will only be restricted from the regulated area for a limited duration,
and the Special Local Regulation is in effect during late night hours
when vessel traffic is low. Advanced public notifications will also be
made to local mariners through appropriate means, which may include,
but would not be limited to, Local Notice to Mariners and Broadcast
Notice to Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to enter or
transit within the Special Local Regulation may be small entities, for
the reasons stated in section V.A above, this rule will not have a
significant economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
temporary rule involves restricting vessel movement within a Limited
Access Area established by a Special Local Regulation. This rule is
categorically excluded from further review under paragraph 34(h) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination will be available in the docket where indicated under
ADDRESSES, though due to the short timeline it may be made available
after publication of this rule in

the FR. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.35T01-0481 to read as follows:

Sec.  100.35T01-0481  Special Local Regulation; On Water Activities
Associated with the 2016 Macy's 4th of July Fireworks, East River,
Manhattan, NY.

    (a) Regulated area. The regulated area includes all navigable
waters of the East River and Upper New York Bay bounded by a line drawn
from position 40[deg]45'20'' N., 073[deg]57'21'' W. (57th Street, New
York, NY to 43rd Ave., Long Island City, NY), south along the East
River to position 40[deg]40'55'' N., 074[deg]01'21'' W. (Southern tip
of Governors Island, NY to Red Hook Point, NY), bounded West by a line
drawn from position 40[deg]41'47'' N., 074[deg]00'37'' W. (Southern tip
of Downtown Manhattan Heliport, NY to Governors Island Ventilator, NY).
All geographic coordinates are North American Datum of 1983 (NAD 83).
Within the overall regulated area defined above, the following are
individually defined areas subject to specific requirements:
    (1) Area ALPHA. All navigable waters of the East River south of a
line drawn from position 40[deg]45'20'' N., 073[deg]57'21'' W. (57th
Street, New York, to 43rd Ave, Long Island City, New York) to a line
drawn from position 40[deg]44'58'' N. 073[deg]57'41'' W. (47th Street,
New York, NY to N Basin Rd., Long Island City, NY) between the east
shore of Manhattan and west shore of Roosevelt Island.
    (2) Area BRAVO. All navigable waters of the East River south of a
line drawn from position 40[deg]45'20'' N., 073[deg]57'21'' W. (57th
Street, New York, to 43rd Ave, Long Island City, New York) to a line
drawn from position 40[deg]44'58'' N. 073[deg]57'41'' W., (47th Street,
New York, NY to N Basin Rd., Long Island City, NY) between the east
shore of Roosevelt Island and west shore of Long Island City. (NAD 83)
    (3) Area CHARLIE. All navigable waters of the East River bound by a
line drawn from position 40[deg]44'58'' N. 073[deg]57'41'' W. (47th
Street, New York, NY to N Basin Rd., Long Island City, NY), south along
the East River to position 40[deg]43'40'' N., 073[deg]57'59'' W. (15th
Street, New York, NY to Noble Street, Brooklyn, NY), (NAD 83).
    (4) Area DELTA. All navigable waters of the East River by a line
drawn from position 40[deg]43'40'' N., 073[deg]57'59'' W. (15th Street,
New York, NY to Noble Street, Brooklyn, NY), south to a line drawn from
position 40[deg]43'19'' N., 073[deg]58'04'' W. (7th Street, New York,
NY to Bushwick Inlet Park), (NAD 83).
    (5) Area ECHO. All navigable waters of the East River by a line
drawn from position 40[deg]43'19'' N., 073[deg]58'04'' W. (7th Street,
New York, NY to Bushwick Inlet Park), south to position 40[deg]42'52''
N., 073[deg]58'18'' W. (East River Park, New York, NY to S 4th Street),
(NAD 83).
    (6) Area FOXTROT. All navigable waters of the East River by a line
drawn from position 40[deg]42'52'' N., 073[deg]58'18'' W. (East River
Park, New York, NY to S 4th Street), south to position 40[deg]41'58''
N., 074[deg]00'16'' W. (Downtown Manhattan Heliport to Pier 3 Brooklyn,
NY).
    (7) Area GOLF. All navigable waters of the Upper Bay, New York
Harbor, NY, south of a line drawn from position 40[deg]41'58'' N.,
074[deg]00'16'' W. to a line drawn from position 40[deg]41'29'' N.,
074[deg]00'31'' W. (Governors Island Ventilator to Pier 7 Brooklyn,
NY), south. West by a line drawn from position 40[deg]41'47'' N.,
074[deg]00'37'' W. (Downtown Manhattan Heliport to Governors Island
Ventilator).
    (b) Definitions. The following definitions apply to this section:
    (1) Designated representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port (COTP)
New York, to act on his or her behalf.
    (2) Official patrol vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP New York.
    (3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    (c) Special local regulations. (1) In accordance with the general
regulations in Sec.  100.35, entry into, transiting, or anchoring
within the regulated areas is prohibited, unless authorized by the COTP
or a designated representative.
    (2) Vessels are authorized by the COTP or a designated
representative to enter areas of this special location regulation in
accordance with the following restrictions:
    (i) Area ALPHA access is limited to vessels greater than or equal
to 20 meters (65.6ft) in length.
    (ii) Area BRAVO access is limited to vessels less than 20 meters
(65.6ft) in length.
    (iii) All vessels are prohibited from entering area CHARLIE without
permission from the COTP or a designated representative.
    (iv) Area DELTA access is limited to vessels less than 20 meters
(65.6ft) in length.
    (v) Area ECHO access is limited to vessels greater than or equal to
20 meters (65.6ft) in length.
    (vi) All vessels are prohibited from entering area FOXTROT without
permission from the COTP or a designated representative.
    (vii) Area GOLF access is not limited by vessel length.
    (3) All persons and vessels in the regulated areas shall comply
with the instructions of the COTP or a designated representative.
Vessels shall be present in the corresponding areas by 7:30 p.m.
    (4) Upon being hailed by a U.S. Coast Guard vessel or a designated
representative, by siren, radio, flashing light or other means, the
operator of the vessel shall proceed as directed. A designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation. Failure to comply with a lawful
direction may result in expulsion from the area, citation for failure
to comply, or both.
    (5) Vessel operators desiring to enter or operate within the
regulated area should contact the COTP New York at<PHONE_NUMBER>
(Sector NY Command Center) or a designated representative via VHF
channel 16 to obtain permission to do so.
    (6) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times

unless authorized by COTP New York or a designated representative.
    (7) The COTP New York or a designated representative may delay or
terminate any marine event in this subpart at any time if it is deemed
necessary to ensure the safety of life or property.
    (d) Enforcement period. This regulation will be enforced from 6
p.m. until 11 p.m. on July 4, 2016, and if the fireworks display is
postponed due to inclement weather, it will be enforced from 6 p.m.
until 11 p.m. on July 5, 2016.

    Dated: May 23, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2016-13780 Filed 6-9-16; 8:45 am]
BILLING CODE 9110-04-P