[Federal Register Volume 87, Number 102 (Thursday, May 26, 2022)]
[Rules and Regulations]
[Pages 31948-31954]
[FR Doc No: 2022-11282]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740, 772, and 774

[Docket No.<PHONE_NUMBER>]
RIN 0694-AH56

Information Security Controls: Cybersecurity Items

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: BIS is finalizing changes to License Exception ACE and
corresponding changes in the definition section of the Export
Administration Regulations (EAR) in response to public comments to an
October 21, 2021 interim rule. That rule established a new control on
certain cybersecurity items for National Security (NS) and Anti-
terrorism (AT) reasons, as well as adding a new License Exception
Authorized Cybersecurity Exports (ACE) that authorizes exports of these
items to most destinations except in certain circumstances. These items
warrant controls because these tools could be used for surveillance,
espionage, or other actions that disrupt, deny or degrade the network
or devices on it. This rule also corrects Export Control Classification
Number (ECCN) 5D001 in the Commerce Control List.

DATES: This rule is effective May 26, 2022.

FOR FURTHER INFORMATION CONTACT: For questions regarding the Export
Control Classification Numbers (ECCNs) included in this rule or License
Exception ACE, contact Aaron Amundson at<PHONE_NUMBER> or email
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    In 2013, the Wassenaar Arrangement (WA) decided on new controls on
cybersecurity items. The controls included hardware and software
controls on the command and delivery platforms for ``intrusion
software'', the technology for the ``development'', ``production'' or
``use'' of the command and delivery platforms, and the

technology for the ``development'' of ``intrusion software''. On May
20, 2015, BIS published a proposed rule (80 FR 28853) entitled
``Wassenaar Arrangement 2013 Plenary Agreements Implementation:
Intrusion and Surveillance Items,'' which proposed implementing these
controls and sought comments on their impact.
    In response to the proposed rule, BIS received almost 300 comments
that raised substantial concerns about the proposed rule's scope and
the effect the proposed rule would have on legitimate cybersecurity
research and incident response activities. BIS also conducted extensive
outreach with the security industry, financial institutions, and
government agencies that manage cybersecurity.
    Comments on the previously published proposed rule focused on three
main issues. First, many commenters asserted that the entries were
overly broad, captured more than was intended, and, as a technical
matter, failed to accurately describe the items intended for control.
Second, many commenters asserted that the rule as written imposed a
heavy and unnecessary licensing burden on legitimate transactions that
contribute to cybersecurity. Third, many commenters suggested that the
proposed rule's control on technology for the ``development'' of
``intrusion software'' could cripple legitimate cybersecurity research.
    Based on these comments, the United States decided against amending
the proposed rule and instead returned to the WA in 2016 and 2017 to
negotiate changes to the text. In December 2017, the WA published the
changes that resulted from those negotiations. There were three
significant changes: First, using ``command and control'' in the
control language for both hardware and software addressed concerns from
cybersecurity companies to more specifically control tools that can be
used maliciously; second, adding a note to the control entry for
technology for the ``development'' of ``intrusion software'' that
excludes from the entry ``technology'' that is exchanged for
``vulnerability disclosure'' or ``cyber incident response''; and third,
adding a note to the ``software'' generation, command and control, or
delivery entry that excludes from this entry products designed and
limited to providing basic software updates and upgrades.
    On October 21, 2021 (86 FR 58205), the Bureau of Industry and
Security (BIS) published an interim final rule (October 21 rule) that
establishes new controls on certain cybersecurity items for National
Security (NS) and Anti-terrorism (AT) reasons, along with a new License
Exception, Authorized Cybersecurity Exports (ACE), that authorizes
exports of these items to most destinations except in specified
circumstances. That rule was published with a 45-day comment period,
which ended on December 12, 2021, and a 90-day delayed effective date
(January 19, 2022). A total of 12 comments were received. On January
12, 2022 (87 FR 1670), BIS published a rule that further delayed the
effective date of the interim final rule by 45 days (March 7, 2022).
That action did not extend or reopen the comment period for BIS's
previous request for comments on the interim final rule. Consistent
with the comments received, this action amends the October 21 rule that
became effective March 7, 2022.

Public Comments on the October 21 Rule

Comments Requesting Additional Guidance

    Several commenters stated that the new 5A001.j entry is complex and
therefore presents compliance difficulties. One commenter asked whether
5A001.j would control cybersecurity incident detection and monitoring
software. Another commenter stated that 5A001.j systems have numerous
components, all of which will need to be examined under the new entry.
In response, BIS is providing additional information and guidance
through ``Frequently Asked Questions'' (FAQs) on 5A001.j to clarify
these interpretation issues. BIS does not expect 5A001.j to control a
large number of products, and therefore believes these issues can be
addressed in the FAQs.
    Several commenters recommended that BIS devote additional resources
to conducting outreach to exporters about the interim final rule. One
commenter recommended a decision tool for ACE like the one used for
License Exception Strategic Trade Authorization (STA), as well as more
FAQs. Another said BIS should put more resources towards outreach to
the cybersecurity community. One commenter recommended developing
additional guidelines to help exporters with the interim final rule.
BIS agrees with these comments and is working on providing additional
guidance along these lines.
    Several commenters asked for clarification of BIS's ``reason to
know'' standard. One commenter said that the end-use based control uses
the phrase ``knows or has reason to know'' and asked if this was
supposed to be different from the ``knowledge'' standard. Others
recommended BIS provide guidelines on when an exporter would have
``reason to know'' something will be used for unauthorized
surveillance. The terms ``know'' and ``reason to know'' use the same
definition found in Sec.  772.1 of the EAR as the term ``knowledge,''
which is the one that should be used for this rule. BIS has published
extensive ``Know Your Customer'' guidance in supplement no. 3 to part
732 of the EAR and on its website. That information also applies to
transactions under license exception ACE. BIS believes the current
guidance is sufficient to address the questions raised by the
commenters and declines to provide additional sector-specific guidance
for this area beyond what is published on the website.

Comments Requiring Regulatory Changes

    Several commenters stated that the definition of `government end
user' in ACE is vague and will be difficult to apply. Two commenters
stated that there is some potential overlap between `government end
users' and `favorable treatment cybersecurity end users'. BIS agrees
with this recommendation and makes changes to the definition of
`government end user' to be more specific and to clarify the meaning of
this term.
    One commenter stated that the licensing requirement for people
acting on behalf of a `government end user' will chill cross-border
collaboration with cybersecurity researchers and bug bounty hunters
because exporters will be required to check whether an individual has a
government affiliation before communicating with them. The company
recommends BIS either remove this requirement or modify it. BIS
disagrees with this recommendation. The license requirement for people
acting on behalf of a government is necessary to prevent people who are
acting on behalf of a Country Group D government from obtaining
`cybersecurity items' for activities contrary to U.S. national security
and foreign policy interests. Removing this requirement would risk
allowing Country Group D governments access to those items. BIS agrees
that this means that exporters will in some cases have to check
government affiliation of people and companies they work with. However,
because of the limited scope and applicability of the license
requirement, BIS believes the requirement will protect U.S. national
security and foreign policy interests without unduly impacting
legitimate cybersecurity activities.

    A couple of commenters stated that the definitions of
``vulnerability disclosure'' and ``cyber incident response'' are too
narrow. One commenter said that researchers share vulnerability
information unrelated to remediation of a specific vulnerability or
incident. Another said the definitions should include information that
is not strictly ``necessary'' for vulnerability disclosure or cyber
incident response activities, as well as information that is needed to
prevent cyber incidents from happening. One commenter recommended
expanding the exclusion to include preventative remediation and
coordination activities. They recommend two possible solutions: (1)
Amend FAQs to clarify that the carve-out covers routine sharing of
exploits for cybersecurity purposes; or (2) amend the definition of
fundamental research to include transferring exploit information for
research purposes. BIS believes that many of the activities commenters
mentioned as being subject to a license requirement, such as tactics
and techniques of malicious actors, and identifying products that
contain vulnerabilities, are not subject to this control and that
therefore the scope of items that would require a license in this area
is significantly smaller than the commenters asserted. Therefore, BIS
is not amending the rule but will clarify the scope of license
requirements in this area via guidance in FAQs.

Other Significant Comments

    One commenter suggested extending the comment period to January 5,
2022. Another recommended delaying the effective date of the rule and
conducting more extensive industry consultations and engagements. In
response, BIS delayed the implementation date of the October 21 rule to
March 7, 2022, and reached out to interested industry members of BIS's
Technical Advisory Committees to prepare additional guidance and make
clarifications that are in this final rule.
    Several commenters said the rule is complicated and will be
difficult for people to understand and implement. In response, BIS has
made several changes in this final rule to clarify the scope of
controls. In addition, BIS delayed the implementation date of the
October 21 rule to March 7, 2022, which allowed for the preparation of
additional guidance to assist with compliance.
    One commenter said that the estimated yearly expense of compliance
of $2,520 is a gross underestimation, because the complexity of the
rule will increase the cost of compliance. However, none of the
commenters provided data to substantiate this claim or provided another
estimate. BIS consulted with its Technical Advisory Committees to
develop the estimate yearly expense identified in this rule.

Specific Revisions

Section 740.17 License Exception Encryption Commodities, Software, and
Technology (ENC)

    BIS is revising Sec.  740.17 by adding a new end-use restriction
(Sec.  740.17(f)) equivalent to the end-use restriction in Sec.
740.22(c)(4) of License Exception ACE, so that License Exception ENC is
not authorized if the exporter, reexporter, or transferor ``knows'' or
has ``reason to know'' at the time of export, reexport, or transfer
(in-country), including deemed exports and reexports, that the
following items will be used to affect the confidentiality, integrity
or availability of information or information systems, without
authorization by the owner, operator or administrator of the
information system (including the information and processes within such
systems): ``cryptanalytic items'', classified in ECCN 5A004.a,
5D002.a.3.a or c.3.a, or 5E002; network penetration tools described in
Sec.  740.17(b)(2)(i)(F), and ECCN 5E002 ``technology'' therefor; or
automated network vulnerability analysis and response tools described
in Sec.  740.17(b)(3)(iii)(A), and ECCN 5E002 ``technology'' therefor.
This conforming change is necessary to avoid an unintended circumstance
in which the Sec.  740.22(c)(4) License Exception ACE end-use
restriction could be evaded by adding cryptographic or cryptanalytic
functionality to the `cybersecurity item' and exporting, reexporting or
transferring (in-country) the resulting `encryption item' subject to
the EAR under License Exception ENC.

Section 740.22 License Exception Authorized Cybersecurity Exports (ACE)

    In response to public comments, BIS is revising Sec.  740.22. BIS
is revising the definition of the term `Government end user' as defined
in Sec.  740.22(b)(4) of License Exception ACE by adding a detailed
illustrative list of end users that meet this definition. Included in
the list are two types of government end users that are already defined
in the EAR, ``more-sensitive government end users'' and ``less-
sensitive government end users''. BIS also added a note to define
`partially operated or owned by a government or governmental authority'
to guide the public in understanding this phrase, which is used in
three of the listed `government end users' related to utilities;
transportation hubs and services; and retail or wholesale firms engaged
in the manufacture, distribution, or provision of items or services
specified in the Wassenaar Arrangement Munitions List.
    BIS also revised the format of the restrictions in Sec.  740.22(c)
by collapsing the levels and moving most of the text that was in notes
to subordinate paragraphs within paragraph (c). Several people
commented that the double negative structure of the restrictions
paragraph was confusing. BIS believes the more simplified paragraph
organization will alleviate the confusion.
    Finally, BIS is amending Sec.  740.22(c)(2)(i) to correct the text,
which inadvertently increased the scope of the exception. As currently
written, that paragraph allows (a) exports of `digital artifacts' to
anyone in a Country Group D country that is also listed in Country
Group A:6; and (b) exports of any `cybersecurity item' to police or
judicial bodies to Country Group D countries that are also listed in
Country Group A:6. However, BIS intended to only allow exports of
`digital artifacts' to police or judicial bodies in Country Group D
countries that are also listed in Country Group A:6 for purposes of
criminal or civil investigations or prosecutions. These changes correct
the text to reflect the intended scope.

Part 772--Definitions of Terms

    This rule amends the terms ``Less sensitive government end users''
and ``More sensitive government end users'' to indicate that the terms
apply to cybersecurity items and are now referenced in License
Exception ACE (Sec.  740.22).

Part 774--Commerce Control List: ECCN 5D001

    This rule corrects an error made to ECCN 5D001in the October 21,
2021 interim rule. That rule inadvertently removed 5D001.e and this
rule restores 5D001.e.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA), 50 U.S.C.
Sections 4801-4852. ECRA provides the legal basis for BIS's principal
authorities and serves as the authority under which BIS issues this
rule.

Executive Order Requirements

    This final rule has been designated a ``significant regulatory
action'' under Executive Order 12866.

    This rule does not contain policies with federalism implications as
that term is defined under Executive Order 13132.

Paperwork Reduction Act Requirements

    Notwithstanding any other provision of law, no person is required
to respond to, nor shall any person be subject to a penalty for failure
to comply with a collection of information subject to the requirements
of the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.)
unless a valid Office of Management and Budget (OMB) Control Number is
displayed. While there is no collection of information associated with
using License Exception ACE, this rule does involve a collection of
information currently approved under Control Number 0694-0088, Multi-
Purpose Application. The current burden hour estimate for this
collection is 29.6 minutes for a manual or electronic submission.
    For the existing ECCNs included in this rule (4D001, 4E001, 5A001,
5A004, 5D001, 5E001), the 2020 data from the Automated Export System
(AES) shows 980 shipments valued at $39,146,164. Of those shipments,
120 shipments valued at $1,864,699 went to Country Group D:1 or D:5
countries, which would make them ineligible for License Exception ACE.
There were no shipments to Country Group E:1 or E:2. Under the
provisions of this rule, the 120 shipments require a license
application submission to BIS.
    As there is no specific ECCN data in AES for the new export
controls in new ECCNs 4A005 and 4D004 or new paragraph 4E001.c, BIS has
used other data to estimate the number of shipments of these new ECCNs
that will require a license. Bureau of Economic Analysis (BEA) data
from 2019 show a total dollar value of $55,657,000 for Telecom,
Computer, and Information Technology Services exports. Multiplying this
value by 12.1% (the percentage of all exports that are subject to an
EAR license requirement as determined by using AES data) suggests that
$6,734,497,000 of Telecom/Computer/IT exports are now subject to EAR
license requirements. Based on AES data on the existing ECCNs affected
by this rule, BIS estimates the average value of each shipment for the
new ECCNs at about $40,000, and further estimates that 0.6% of all new
ECCN shipments (1,010 shipments) are now eligible for License Exception
ACE and 0.03% of all new ECCN shipments (50 shipments) require a
license application submission.
    Therefore, the annual total estimated cost associated with the
paperwork burden imposed by this rule (that is, the projected increase
of license application submissions based on the additional shipments
requiring a license) is estimated to be 170 new applications x 29.6
minutes = 5,032/60 min = 84 hours x $30 = $2,520.
    BIS is in the process of updating this information collection to
account for the increase in burden hours and costs posed by this rule.
Comments on the methodology associated with calculating the cost or
burden increases or any other aspect of this collection can be
submitted via www.regulations.gov by searching for OMB Control Number
0694-0088.

Administrative Procedure Act and Regulatory Flexibility Act
Requirements

    Pursuant to Section 4821 of ECRA, this action is exempt from the
Administrative Procedure Act (5 U.S.C. 553) requirements for notice of
proposed rulemaking and opportunity for public participation. Further,
no other law requires notice of proposed rulemaking or opportunity for
public comment for this final rule. Because a notice of proposed
rulemaking and an opportunity for public comment are not required under
the Administrative Procedure Act 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 740

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

15 CFR Part 772

    Exports.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, the interim rule amending 15 CFR parts 740, 772, and
774, which was published on October 21, 2021 (86 FR 58205), is adopted
as final with the following changes:

PART 740 [AMENDED]

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

    Authority: 50 U.S.C. 4801-4852; 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.

0
2. Section 740.17 is revised by adding paragraph (f) to read as
follows:

Sec.  740.17   Encryption commodities, software, and technology (ENC).

* * * * *
    (f) End-use restrictions. Notwithstanding the other provisions and
authorizations of this section, License Exception ENC is not authorized
for any of the following items if the exporter, reexporter, or
transferor ``knows'' or has ``reason to know'' at the time of export,
reexport, or transfer (in-country), including deemed exports and
reexports, that the item will be used to affect the confidentiality,
integrity, or availability of information or information systems,
without authorization by the owner, operator, or administrator of the
information system (including the information and processes within such
systems):
    (1) ``Cryptanalytic items,'' classified in ECCN 5A004.a,
5D002.a.3.a or c.3.a, or 5E002;
    (2) Network penetration tools described in paragraph (b)(2)(i)(F)
of this section, and ECCN 5E002 ``technology'' therefor; or
    (3) Automated network vulnerability analysis and response tools
described in paragraph (b)(3)(iii)(A) of this section, and ECCN 5E002
``technology'' therefor.

    Note to paragraph (f):  See also Sec.  740.22(c)(4).

0
3. Section 740.22 is revised to read as follows:

Sec.  740.22   Authorized Cybersecurity Exports (ACE).

    (a) Scope. License Exception ACE authorizes export, reexport, and
transfer (in-country), including deemed exports and reexports, of
`cybersecurity items,' as set forth in paragraph (b) of this section,
subject to the restrictions set forth in paragraph (c) of this section.
Deemed exports and reexports are authorized under this license
exception, except for deemed exports or reexports to E:1 and E:2
nationals as described in paragraph (c)(1) of this section, to certain
`government end users' as described in paragraph (c)(2) of this
section, and subject to the end use restrictions described in paragraph
(c)(4) of this section. Even if License Exception ACE is not available
for a particular transaction, other license exceptions may be
available. For example, License Exception GOV (Sec.  740.11) authorizes
certain exports to U.S. Government agencies and personnel. License
Exception TMP (Sec.  740.9(a)(1)) authorizes the export, reexport, and
transfer (in country) of tools of the trade in certain situations.
    (b) Definitions. The following terms and definitions are for the
purpose of License Exception ACE only.

    (1) `Cybersecurity Items' are ECCNs 4A005, 4D001.a (for 4A005 or
4D004), 4D004, 4E001.a (for 4A005, 4D001.a (for 4A005 or 4D004) or
4D004), 4E001.c, 5A001.j, 5B001.a (for 5A001.j), 5D001.a (for 5A001.j),
5D001.c (for 5A001.j or 5B001.a (for 5A001.j)), and 5E001.a (for
5A001.j or 5D001.a (for 5A001.j)).
    (2) `Digital artifacts' are items (e.g., ``software'' or
``technology'') found or discovered on an information system that show
past or present activity pertaining to the use or compromise of, or
other effects on, that information system.
    (3) `Favorable treatment cybersecurity end user' is any of the
following:
    (i) A ``U.S. subsidiary'';
    (ii) Providers of banking and other financial services;
    (iii) Insurance companies; or
    (iv) Civil health and medical institutions providing medical
treatment or otherwise conducting the practice of medicine, including
medical research.
    (4) `Government end user,' for the purpose of this section, is a
national, regional, or local department, agency, or entity that
provides any governmental function or service, including entities or
individuals who are acting on behalf of such an entity. This term does
not include any `favorable treatment cybersecurity end user' listed in
paragraph (b)(3) of this section. This term includes, but is not
limited to:
    (i) International governmental organizations;
    (ii) Government operated research institutions;
    (iii) ``More-sensitive government end users'';
    (iv) ``Less-sensitive government end users'';
    (v) Utilities (including telecommunications service providers and
internet service providers) that are wholly operated or owned by a
government or governmental authority or `partially operated or owned by
a government or governmental authority';
    (vi) Transportation hubs and services (e.g., airlines and airports;
ships and ports; railways and rail stations; buses, trucking and
highways) that are wholly operated or owned by a government or
governmental authority or `partially operated or owned by a government
or governmental authority'; and
    (vii) Retail or wholesale firms that are wholly operated or owned
by a government or governmental authority or `partially operated or
owned by a government or by a governmental authority', engaged in the
manufacture, distribution, or provision of items or services specified
in the Wassenaar Arrangement Munitions List.
    (5) For the purposes of this section, `partially operated or owned
by a government or governmental authority' means that a foreign
government or governmental authority beneficially owns or controls
(whether directly or indirectly) 25 percent or more of the voting
securities of the foreign entity, or a foreign government or
governmental authority has the authority to appoint a majority of the
members of the board of directors of the foreign entity.
    (c) Restrictions. License Exception ACE does not authorize deemed
exports and reexports, exports, reexports, or transfers (in-country) of
`cybersecurity items' as follows:
    (1) To a destination that is listed in Country Group E:1 or E:2 in
supplement no.1 to this part.
    (2) To a `government end user', as defined in this section, of any
country listed in Country Group D:1, D:2, D:3, D:4 or D:5 in supplement
no. 1 to this part, except:
    (i) `Digital artifacts' (that are related to a cybersecurity
incident involving information systems owned or operated by a
`favorable treatment cybersecurity end user') to police or judicial
bodies in Country Group D countries that are also listed in Country
Group A:6 for purposes of criminal or civil investigations or
prosecutions of such cybersecurity incidents; or
    (ii) To national computer security incident response teams in
Country Group D countries that are also listed in Country Group A:6 of
`cybersecurity items' for purposes of responding to cybersecurity
incidents, for purposes of ``vulnerability disclosure'', or for
purposes of criminal or civil investigations or prosecutions of such
cybersecurity incidents.
    (3) The restrictions in paragraphs (c)(1) and (2) of this section
also apply to activities, including exports, reexports, and transfers
(in-country), related to ``vulnerability disclosure'' and ``cyber
incident response''.

    Note 1 to paragraph (c)(3):  For paragraphs (c)(1) and (2) of
this section, see Note 1 to ECCN 4E001 in the CCL (supplement no. 1
to part 774 of the EAR) excluding ``vulnerability disclosure'' and
``cyber incident response'' from control under 4E001.a or .c.

    (4) To a non-`government end user' located in any country listed in
Country Group D:1 or D:5 of supplement no. 1 to this part, except:
    (i) Cybersecurity items classified under ECCNs 4A005, 4D001.a (for
4A005 or 4D004), 4D004, 4E001.a (for 4A005, 4D001.a (for 4A005 or
4D004) or 4D004) and 4E001.c, to any `favorable treatment cybersecurity
end user'.
    (ii) ``Vulnerability disclosure'' or ``cyber incident response''.
    (iii) Deemed exports.
    (5) If the exporter, reexporter, or transferor ``knows'' or has
``reason to know'' at the time of export, reexport, or transfer (in-
country), including deemed exports and reexports, that the
`cybersecurity item' will be used to affect the confidentiality,
integrity, or availability of information or information systems,
without authorization by the owner, operator, or administrator of the
information system (including the information and processes within such
systems).

PART 772 [AMENDED]

0
4. The authority citation for part 772 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783.

0
5. Section 772.1 is amended by revising the definitions ``Less
sensitive government end users'' and ``More sensitive government end
users'' to read as follows:

Sec.  772.1   Definitions of terms as used in the Export Administration
Regulations (EAR).

* * * * *
    Less sensitive government end users (as applied to encryption items
and `cybersecurity items'). The following ``government end users'' (as
defined in this section) are considered ``less sensitive'' for the
purposes of License Exception ENC (Sec.  740.17 of the EAR) and License
Exception ACE (Sec.  740.22 of the EAR):
    (1) Local/state/provincial ``government end users'' (departments,
agencies, and entities), including local/state/provincial executive,
legislative, judicial, police, fire, rescue, and public safety
agencies.
    (2) National/federal/royal ``government end users'' (departments,
agencies, and entities) providing the following civil government
functions and services:
    (i) Census and statistics services;
    (ii) Civil public works infrastructure services (construction,
maintenance, repair, regulation, and administration) as follows:
Buildings, public transportation, roads and highways, trucking;
    (iii) Civil service administration and regulation, including human
resources and personnel/labor management;
    (iv) Clean water infrastructure services (treatment, supply and
testing);
    (v) Economic (trade/commerce/investment), business and industrial
development, promotion, regulation and

administration, excluding the following end users/end uses:
    (A) Agencies, departments, boards, and councils for science and
technology;
    (B) Research, development, and national laboratories (other than as
specified in paragraphs (2)(xi) (measurements and standards services)
and (2)(xii) (meteorology/weather/atmospheric services) of this
definition); and
    (C) National telecommunications and information technology
agencies, boards, councils, and development authorities (including
national information center, and Information Communications Technology
(ICT)/telecommunications infrastructure/spectrum planning, policy,
regulation, and testing);
    (vi) Elections, balloting, and polling services;
    (vii) Energy regulation and administration, including oil, gas, and
mining sectors;
    (viii) Environmental/natural resources regulation, administration,
and protection, including wildlife, fisheries, and national parks;
    (ix) Food/agriculture regulation and administration;
    (x) Labor/community/social services planning, regulation, and
administration, including: Housing and urban development, municipality
and rural affairs;
    (xi) Measurements and standards services;
    (xii) Meteorology (weather, atmospheric) services;
    (xiii) National archives/museums;
    (xiv) Patents;
    (xv) Pilgrimage and religious affairs;
    (xvi) Postal services;
    (xvii) Public and higher education (excluding government research
institutions and any agency, institution, or affiliate engaged in the
manufacture or distribution of items or services controlled on the
Wassenaar Munitions List);
    (xviii) Public health and medicine/pharmaceutical regulation and
administration;
    (xix) Public libraries;
    (xx) Sports/culture (includes film, commercial broadcasting, and
the arts) promotion, regulation, and administration; and
    (xxi) Travel/tourism promotion, regulation, and administration.
* * * * *
    More sensitive government end users (as applied to encryption items
and `cybersecurity items'). The following national/federal/royal
(departments, agencies, and entities) ``government end users'' (as
defined in this section) providing the following government functions
and services, are considered ``more sensitive'' for the purposes of
License Exception ENC (Sec.  740.17 of the EAR) and License Exception
ACE (Sec.  740.22 of the EAR):
    (1) Agencies, departments, boards, and councils for science and
technology (including research, development, and state/national
laboratories, but not including measurements and standards);
    (2) Currency and monetary authorities (including departments and
offices of the national/federal/royal reserve);
    (3) Executive agents of state (including offices of president/vice
president/prime minister, royal courts, national security councils,
cabinet/council of ministers/supreme councils/executive councils, crown
princes and other deputies of the rulers, departments and offices of
political/constitutional/mainland affairs);
    (4) Legislative bodies responsible for the enactment of laws;
    (5) Import/export control, customs and immigration agencies, and
entities;
    (6) Intelligence agencies and entities;
    (7) Judiciary (including supreme courts and other national/federal/
regional/royal high courts and tribunals);
    (8) Maritime, port, railway, and airport authorities;
    (9) Military and armed services (including national guard, coast
guard, security bureaus, and paramilitary);
    (10) Ministries, departments, and garrisons of defense (including
defense technology agencies);
    (11) Ministries and departments of finance and taxation (including
national/federal/royal budget and revenue authorities);
    (12) Ministries and departments of foreign affairs/foreign
relations/consulates/embassies;
    (13) Ministries of interior, internal/home/mainland affairs, and
homeland security;
    (14) State/national telecommunications and information technology
agencies, boards, councils, and development authorities (including
national information/critical infrastructure data centers, and
Information and Communications Technology (ICT)/telecommunications
infrastructure/spectrum planning, policy, regulation, and testing);
    (15) Police, investigation and other law enforcement agencies, and
entities (including digital crime/cybercrime/computer forensics,
counter narcotics/counter terrorism/counter proliferation agencies);
    (16) Prisons; and
    (17) Public safety agencies and entities (including national/
federal/royal agencies and departments of civil defense, emergency
management, and first responders).
* * * * *

PART 774 [AMENDED]

0
6. The authority citation for part 774 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C.
287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15
U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783.

0
7. In supplement no. 1 to part 774, Category 5--Part 1, ECCN 5D001 is
revised to read as follows:

Supplement No. 1 to Part 774--The Commerce Control List

* * * * *
5D001 ``Software'' as follows (see List of Items Controlled).

License Requirements

    Reason for Control: NS, SL, AT

                                              Country chart  (see Supp.
                Control(s)                       No. 1 to part 738)

NS applies to entire entry................  NS Column 1
SL applies to the entire entry as           A license is required for
 applicable for equipment, functions,        all destinations, as
 features, or characteristics controlled     specified in Sec.   742.13
 by 5A001.f.1.                               of the EAR. Accordingly, a
                                             column specific to this
                                             control does not appear on
                                             the Commerce Country Chart
                                             (Supplement No. 1 to Part
                                             738 of the EAR).
                                            Note to SL paragraph: This
                                             licensing requirement does
                                             not supersede, nor does it
                                             implement, construe or
                                             limit the scope of any
                                             criminal statute,
                                             including, but not limited
                                             to the Omnibus Safe Streets
                                             Act of 1968, as amended.
AT applies to entire entry................  AT Column 1

Reporting Requirements

    See Sec.  743.1 of the EAR for reporting requirements for
exports under License Exceptions, and Validated End-User
authorizations.

List Based License Exceptions

    (See Part 740 for a description of all license exceptions).

TSR: Yes, except for exports and reexports to destinations outside
of those countries listed in Country Group A:5 (See Supplement No. 1
to part 740 of the EAR) of ``software'' controlled by 5D001.a and
``specially designed'' for items controlled by 5A001.b.5 and
5A001.h, and N/A for ``software'' classified under ECCN 5D001.a (for
5A001.j) or 5D001.c (for 5A001.j or 5B001.a (for 5A001.j)).
ACE: Yes for 5D001.a (for 5A001.j) and 5D001.c (for 5A001.j or
5B001.a (for 5A001.j)), except to Country Group E:1 or E:2. See
Sec.  740.22 of the EAR for eligibility criteria.

Special Conditions for STA

STA: License Exception STA may not be used to ship or transmit
5D001.a ``software'' ``specially designed'' for the ``development''
or ``production'' of equipment, functions or features, specified by
ECCN 5D001.a (for 5A001.j) and 5D001.c (for 5A001.j or 5B001.a (for
5A001.j)) to any of the destinations listed in Country Group A:5 or
A:6 (See Supplement No.1 to part 740 of the EAR); 5A001.b.3, .b.5 or
.h; and for 5D001.b. for ``software'' ``specially designed'' or
modified to support ``technology'' specified by the STA paragraph in
the License Exception section of ECCN 5E001 to any of the
destinations listed in Country Group A:6.

List of Items Controlled

Related Controls: See also 5D980 and 5D991.
Related Definitions: N/A
Items:

    a. ``Software'' ``specially designed'' or modified for the
``development'', ``production'' or ``use'' of equipment, functions
or features controlled by 5A001;
    b. [Reserved]
    c. Specific ``software'' ``specially designed'' or modified to
provide characteristics, functions or features of equipment,
controlled by 5A001 or 5B001;
    d. ``Software'' ``specially designed'' or modified for the
``development'' of any of the following telecommunication
transmission or switching equipment:
    d.1. [Reserved]
    d.2. Equipment employing a ``laser'' and having any of the
following:
    d.2.a. A transmission wavelength exceeding 1,750 nm; or
    d.2.b. Employing analog techniques and having a bandwidth
exceeding 2.5 GHz; or
    Note: 5D001.d.2.b does not control ``software'' ``specially
designed'' or modified for the ``development'' of commercial TV
systems.
    d.3. [Reserved]
    d.4. Radio equipment employing Quadrature-Amplitude-Modulation
(QAM) techniques above level 1,024.
    e. ``Software'', other than that specified by 5D001.a or
5D001.c, ``specially designed'' or modified for monitoring or
analysis by law enforcement, providing all of the following:
    e.1. Execution of searches on the basis of ``hard selectors'' of
either the content of communication or metadata acquired from a
communications service provider using a `handover interface'; and
    Technical Notes:
    1. For the purposes of 5D001.e, a `handover interface' is a
physical and logical interface, designed for use by an authorised
law enforcement authority, across which targeted interception
measures are requested from a communications service provider and
the results of interception are delivered from a communications
service provider to the requesting authority. The `handover
interface' is implemented within systems or equipment (e.g.,
mediation devices) that receive and validate the interception
request, and deliver to the requesting authority only the results of
interception that fulfil the validated request.
    2. `Handover interfaces' may be specified by international
standards (including but not limited to ETSI TS 101 331, ETSI TS 101
671, 3GPP TS 33.108) or national equivalents.
    e.2. Mapping of the relational network or tracking the movement
of targeted individuals based on the results of searches on content
of communication or metadata or searches as described in 5D001.e.1.
    Note: 5D001.e does not apply to ``software'' ``specially
designed'' or modified for any of the following:
    a. Billing purposes;
    b. Network Quality of Service (QoS);
    c. Quality of Experience (QoE);
    d. Mediation devices; or
    e. Mobile payment or banking use.
* * * * *

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2022-11282 Filed 5-25-22; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register: October 19, 2005 (Volume 70, Number 201)]
[Notices]
[Page 60806]
[DOCID:fr19oc05-47]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-13-000]

CenterPoint Energy Gas Transmission Company; Notice of Request
for Waiver of Tariff Provision

October 12, 2005.
    Take notice that on October 7, 2005, CenterPoint Energy Gas
Transmission Company (CEGT) tendered for filing with the Commission a
Request for Waiver seeking the permission of the Commission to allow
CEGT to waive section 14.2 of the general terms and conditions of its
FERC Gas Tariff which requires CEGT to provide prior notice of
termination to non-creditworthy Shippers. CEGT states that the Shipper
in question is no longer doing business, and to provide such notice
would be futile. CEGT requested expedited treatment of its request for
waiver.
    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 online 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 on October 20, 2005.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-5770 Filed 10-18-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: September 8, 2009 (Volume 74, Number 172)]
[Rules and Regulations]
[Page 46011-46014]
[DOCID:fr08se09-15]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0595]
RIN 1625-AA00

Safety Zone; Munitions and Explosives of Concern (MEC); Seal
Island, ME

AGENCY: Coast Guard, DHS.

ACTION: Interim rule with request for comments.

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

SUMMARY: The Coast Guard is establishing a permanent safety zone around
Seal Island, Maine from the shoreline out to the 60 foot depth curve.
This safety zone prohibits persons and vessels from entering the
designated area around Seal Island unless authorized by the Coast Guard
Captain of the Port Northern New England. This safety zone is necessary
to provide for the safety of life on the navigable waters around Seal
Island by protecting mariners from the hazards of Munitions and
Explosives of Concern (MEC) found in the area.

DATES: This interim rule is effective September 8, 2009. Comments and
related material must reach the Coast Guard on or before December 7,
2009. Requests for public meetings must be received by the Coast Guard
on or before September 30, 2009.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0595 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this interim
rule, call or e-mail Chief Petty Officer Randy Bucklin, Coast Guard
Sector Northern New England, Waterways Management Division; telephone
207-741-5440, e-mail<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0595), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand delivery, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2009-0595'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit comments by mail or hand delivery, submit them in
an unbound format, no larger than 8[frac12] by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change this rule
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2009-0595'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy

Act notice regarding our public dockets in the January 17, 2008, issue
of the Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one on or before September 30, 2009 using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.

Regulatory Information

    The Coast Guard is issuing this interim 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 ``impractical, 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 a notice of proposed rulemaking (NPRM)
with respect to this rule because a notice and comment period would be
impractical due to the time needed to conduct a notice and comment
period is contrary to the immediate need to implement this safety zone
because of the imminent hazards posed by the Munitions and Explosives
of Concern (MEC). Further, the expeditious implementation of this rule
is in the public interest because it will help ensure the safety of
those anchoring, fishing and other users of the waterway from the
dangers of the MEC.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. As noted above, the Coast Guard
finds that it is both impractical and contrary to public interest to
delay the effective date of this rule for 30 days after publication.
Immediate action is needed in order to ensure the safety of those
anchoring, fishing, and otherwise using the waterway. In addition to
publication in the Federal Register, the Coast Guard will announce the
creation of this safety zone through local notice to mariners, marine
information broadcasts and outreach to partner agencies in the area.

Background and Purpose

    Seal Island located to the east of Matinicus Island off of the
coast of Maine was used as an aerial bombing and target range by the
United States Government. The use as a bombing and target range ceased;
however, recent exploration of the island and the surrounding waters
led to the discovery of various munitions and explosives of concern
that present safety hazards to those who may come in contact with them.
Some of these MECs are located on Seal Island as well as in the shallow
water immediately surrounding it. A danger zone currently exists around
the island however it is only enforced during times of active aerial
bombing exercises which no longer occur. The regulation for the danger
zone can be found in 33 CFR 334.10.
    This regulation will establish a fixed safety zone around the
perimeter of the affected portions of Seal Island out to the 60 foot
depth curve so as to ensure mariners do not come into close proximity
with MECs near Seal Island. This safety zone is necessary to protect
vessels and persons from the hazards associated with MEC.

Discussion of Rule

    This rule creates the following safety zone for: ``Seal Island
Munitions and Explosives of Concern (MEC).'' The safety zone is for all
navigable waters of the Gulf of Maine in the vicinity of Seal Island,
in approximate location latitude 43[deg]53'00'' N, longitude
068[deg]44[min]00[sec] W, extending from the shoreline out to the 60
foot depth curve. The 60 foot curve can be found on various nautical
charts and is readily apparent on NOAA Chart 13303, Approaches to
Penobscot Bay.
    Entry into these zones by any person or vessel will be prohibited
unless specifically authorized by the Captain of the Port Northern New
England, or his designated representatives. Persons desiring to enter
the safety zone may request permission to enter from the Coast Guard
Captain of the Port via VHF Channel 16 or by contacting the Sector
Northern New England Command Center at<PHONE_NUMBER>.
    The Coast Guard advises that entry into, transiting, diving,
dredging, dumping, fishing, trawling, conducting salvage operations,
remaining within or anchoring in this safety zone is prohibited unless
authorized by the Captain of the Port Northern New England or his
designated representatives.
    The ``designated representative'' is any Coast Guard commissioned,
warrant, or petty officer who has been designated by the Captain of the
Port Northern New England to act on his behalf.

Regulatory Analyses

    We developed this interim rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    The Coast Guard determined that this rule is not a significant
regulatory action for the following reasons: the safety zone will cover
only a small portion of the navigable waters around Seal Island
allowing vessels to operate in all other portions of the approaches to
Penobscot Bay. In addition, vessels may be authorized to enter the zone
with permission of the Captain of the Port Northern New England.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 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. 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. This rule will affect the following
entities, some of which may be small entities: the owners or operators
of vessels intending to transit, fish, dive, or anchor in a portion of
the Gulf of Maine around Seal Island.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. Vessel
traffic can pass safely around the safety zone and operate in all other
portions of the approaches to Penobscot Bay in the Gulf of Maine.
Before the effective period, we

will issue maritime advisories widely available to users of the
waterway transiting in the vicinity of Seal Island.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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 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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of
safety zones. An environmental analysis checklist and a categorical
exclusion determination will be available for review in the docket
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.180 to read as follows:

Sec.  165.180  Safety Zone; Seal Island, Maine

    (a) Location. The following area is a safety zone: All navigable
waters of the Gulf of Maine in the vicinity of Seal Island, Maine in
approximate location latitude 43[deg]53'00'' N, longitude
068[deg]44'00'' W, extending from the shoreline of Seal Island out to
the 60 foot depth curve as indicated on

nautical charts. Note that the 60 foot depth curve is readily
identifiable on NOAA chart 13303 (Approaches to Penobscot Bay).
    (b) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
    (2) Entry into, transiting, diving, dredging, dumping, fishing,
trawling, conducting salvage operations, remaining within or anchoring
in this safety zone is prohibited unless authorized by the Captain of
the Port Northern New England or his designated representatives.
    (3) The ``designated representative'' is any Coast Guard
commissioned, warrant, or petty officer who has been designated by the
Captain of the Port Northern New England to act on his behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone may contact the Captain of the Port Northern New England or his
designated representative at the Coast Guard Sector Northern New
England Command Center via VHF Channel 16 or by phone at<PHONE_NUMBER>
to request permission.
    (5) Vessel operators given permission to enter or operate in the
safety zones must comply with all directions given to them by the
Captain of the Port Northern New England or his designated
representatives.

    Dated: July 15, 2009.
J.B. Mcpherson,
Captain, U. S. Coast Guard, Captain of the Port, Sector Northern New
England.
[FR Doc. E9-21570 Filed 9-4-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register: November 16, 2006 (Volume 71, Number 221)]
[Notices]
[Page 66760]
[DOCID:fr16no06-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-58-000]

Northern Border Pipeline Company; Notice of Tariff Filing

November 8, 2006.
    Take notice that on November 3, 2006, Northern Border Pipeline
Company (Northern Border) tendered for filing to become part of its
FERC Gas Tariff, First Revised Volume No. 1, Second Revised Sheet No.
4, to become effective December 3, 2006.
    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 in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
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>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-19334 Filed 11-15-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: November 9, 2009 (Volume 74, Number 215)]
[Rules and Regulations]
[Page 57564-57567]
[DOCID:fr09no09-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1026; Directorate Identifier 2009-NM-197-AD;
Amendment 39-16084; AD 2009-23-10]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 737-300, -400, and -500
Series Airplanes

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

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is superseding an existing airworthiness directive
(AD) that applies to all Boeing Model 737-300, -400, and -500 series
airplanes. The existing AD currently requires inspecting to determine
if certain carriage spindles are installed, repetitive inspections for
corrosion and indications of corrosion on affected carriage spindles,
and if necessary, related investigative and corrective actions. The
existing AD also provides optional terminating action. For certain
airplanes, this new AD would reinstate the requirements of the existing
AD. This AD results from the exclusion of certain carriage spindles
from the requirements of the existing AD, and additional reports of
corrosion found on carriage spindles that are located on the outboard
trailing edge flaps. We are issuing this AD to detect and correct
corrosion of the carriage spindle, which could result in fracture.
Fracture of both the inboard and outboard carriage spindles, in the
forward ends through the large diameters, on a flap, could adversely
affect the airplane's continued safe flight and landing.

DATES: This AD becomes effective November 24, 2009.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of November 24,
2009.
    On August 5, 2008 (73 FR 42259, July 21, 2008), the Director of the
Federal Register approved the incorporation by reference of a certain
other publication listed in the AD.
    We must receive any comments on this AD by December 24, 2009.

ADDRESSES: You may send comments 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, Washington 98124-2207; telephone<PHONE_NUMBER>,
extension 1, fax<PHONE_NUMBER>; e-mail me.boecom@ boeing.com; Internet
https://www.myboeingfleet.com.

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 AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6440; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    On July 10, 2008, we issued AD 2008-15-05, amendment 39-15617 (73
FR 42259, July 21, 2008). That AD applies to all Boeing Model 737-300,
-400, and -500 series airplanes. That AD requires inspecting to
determine if certain carriage spindles are installed, repetitive
inspections for corrosion and indications of corrosion on affected
carriage spindles, and if necessary,

related investigative action and corrective action. That AD also
provides optional terminating action. That AD resulted from a report of
corrosion found on carriage spindles that are located on the outboard
trailing edge flaps. The actions specified in that AD are intended to
detect and correct corrosion of the carriage spindle, which could
result in fracture. Fracture of both the inboard and outboard carriage
spindles, in the forward ends through the large diameters, on a flap,
could adversely affect the airplane's continued safe flight and
landing.

Actions Since Existing AD Was Issued

    Since we issued AD 2008-15-05, we approved an alternative method of
compliance (AMOC), dated December 8, 2008, to exclude certain carriage
spindle serial numbers from the inspection requirements. This approval
was given based on information received from Boeing indicating that
only one supplier of the carriage spindles produced discrepant
coatings, and that the carriages produced by the second supplier did
not have this unsafe condition.
    Subsequent to the AMOC approval, we were advised that the carriages
produced by the second supplier may have been incorrectly finished,
leading to over-grinding of the high velocity oxy-fuel (HVOF) coating
on the spindle. The over-grinding of the HVOF coating leads to exposure
of the base metal, which is susceptible to corrosion. We also received
additional reports of corrosion found on the carriage spindles that
were excluded from the inspection requirements in the existing AD.
Investigation of those carriage spindles revealed that discrepant
surface finishing of the HVOF coating during the production process had
exposed the base metal. The exposed base metal is susceptible to
corrosion.
    Subsequently, we have determined that it is necessary to reinstate
the inspections of certain carriage spindles because those spindles are
subject to the same unsafe condition.

Relevant Service Information

    We have reviewed Boeing Service Bulletin 737-57A1304, Revision 1,
dated August 11, 2009. (We referred to Boeing Alert Service Bulletin
737-57A1304, dated June 2, 2008, as the appropriate source of service
information for accomplishing the required actions of AD 2008-15-05.)
The actions specified in Revision 1 are essentially identical to those
in Boeing Alert Service Bulletin 737-57A1304, dated June 2, 2008.
Revision 1 references the effect of the AMOC letter discussed
previously and adds a new table (Table 3) to reflect certain serial
numbers that also are subject to the unsafe condition, but were
excluded from the inspection requirements under the AMOC discussed
previously.

FAA's Determination and Requirements of This AD

    The unsafe condition described previously is likely to exist or
develop on other airplanes of the same type design. For this reason, we
are issuing this AD to supersede AD 2008-15-05. This new AD retains
certain requirements of the existing AD. This AD would also require
accomplishing the actions specified in the Relevant Service Information
described previously.

Interim Action

    We consider this AD interim action. We are currently considering
requiring replacement of all HVOF-coated carriage spindles, which will
constitute terminating action for the repetitive inspections required
by this AD. However, the planned compliance time for the replacement
would allow enough time to provide notice and opportunity for prior
public comment on the merits of the replacement.

Change to Existing AD

    This AD would retain certain requirements of AD 2008-15-05;
however, the inspection report required by paragraph (h) of the
existing AD is not required by this AD.
    Since AD 2008-15-05 was issued, a new paragraph (d) was added to
provide the Air Transport Association (ATA) of America subject code.
This code was added to make this AD parallel with other new AD actions.
    Since AD 2008-15-05 was issued, the AD format has been revised, and
certain paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this AD, as listed in the
following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                           Corresponding requirement in
      Requirement in AD  2008-15-05                   this AD
------------------------------------------------------------------------
paragraph (d)...........................  paragraph (e).
paragraph (e)...........................  paragraph (f).
paragraph (f)...........................  paragraph (g).
paragraph (g)...........................  paragraph (h).
paragraph (i)...........................  paragraph (j).
paragraph (j)...........................  paragraph (k).
------------------------------------------------------------------------

FAA's Justification and Determination of the Effective Date

    We received additional reports of corrosion found on carriage
spindles that are located on the outboard trailing edge flaps and were
removed from the inspection requirements in the existing AD.
Investigation of those carriage spindles revealed that discrepant
surface finishing of the HVOF coating done during the production
process had exposed the base metal. The exposed base metal is
susceptible to corrosion. Corrosion occurring on the exposed base metal
can quickly lead to cracking and full fracture of the carriage spindle.
Fracture of both the inboard and outboard carriage spindles, in the
forward ends through the large diameters, on a single flap, could
adversely affect the airplane's continued safe flight and landing.
Because of our requirement to promote safe flight of civil aircraft and
thus, the critical need to assure the structural integrity of the
carriage spindle and the short compliance time involved with this
action, this AD must be issued immediately.
    Because an unsafe condition exists that requires the immediate
adoption of this AD, we find that notice and opportunity for prior
public comment hereon are impracticable and that good cause exists for
making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2009-1026; Directorate Identifier 2009-NM-197-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this 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 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 have 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 the 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); 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends part 39 of the Federal Aviation Regulations (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 removing amendment 39-15617 (73 FR
42259, July 21, 2008) and adding the following new AD:

2009-23-10 Boeing: Docket No. FAA-2009-1026; Directorate Identifier
2009-NM-197-AD; Amendment 39-16084.

Effective Date

    (a) This AD becomes effective November 24, 2009.

Affected ADs

    (b) This AD supersedes AD 2008-15-05, Amendment 39-15617.

Applicability

    (c) This AD applies to all Boeing Model 737-300, -400, and -500
series airplanes, certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Unsafe Condition

    (e) This AD results from the exclusion of certain carriage
spindles from the requirements of the existing AD, and additional
reports of corrosion found on carriage spindles that are located on
the outboard trailing edge flaps. The Federal Aviation
Administration is issuing this AD to detect and correct corrosion of
the carriage spindle, which could result in fracture. Fracture of
both the inboard and outboard carriage spindles, in the forward ends
through the large diameters, on a flap, could adversely affect the
airplane's continued safe flight and landing.

Compliance

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

Restatement of Requirements of AD 2008-15-05, With New Service
Information

Inspection To Determine Affected Carriage Spindle

    (g) For all airplanes: Within 30 days after August 5, 2008 (the
effective date of AD 2008-15-05), inspect the carriage sub-assembly
to determine whether an affected carriage spindle with a high
velocity oxy-fuel (HVOF) thermal coating is installed, in accordance
with the Accomplishment Instructions of Boeing Alert Service
Bulletin 737-57A1304, dated June 2, 2008. A review of airplane
maintenance records is acceptable in lieu of this inspection if the
part number and/or serial number of the carriage can be conclusively
determined from that review. If no affected carriage spindle is
installed, no further action is required by this paragraph.

Repetitive Inspections, Related Investigative Actions, and
Corrective Action

    (h) For airplanes on which any affected carriage spindle was
determined to be installed in accordance with Boeing Alert Service
Bulletin 737-57A1304, dated June 2, 2008, as of the effective date
of this AD; and the spindle is identified in Table 2 of Boeing
Service Bulletin 737-57A1304, Revision 1, dated August 11, 2009: At
the later of the times specified in paragraphs (h)(1) and (h)(2) of
this AD, do a detailed inspection (or, as an option for the forward
end of the spindle only, a borescope inspection technique may be
used) of the spindle for corrosion and potential indications of
corrosion of the carriage spindle, and do all applicable related
investigative and corrective actions, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
57A1304, dated June 2, 2008; or Boeing Service Bulletin 737-57A1304,
Revision 1, dated August 11, 2009. Do all applicable related
investigative and corrective actions before further flight. Repeat
the detailed inspection (or, as an option for the forward end of the
spindle only, the borescope inspection) and certain related
investigative actions (i.e., the gap-check or optional non-
destructive test (NDT) ultrasonic inspection) at the applicable
compliance times specified in paragraph 1.E. of Boeing Alert Service
Bulletin 737-57A1304, dated June 2, 2008; or Boeing Service Bulletin
737-57A1304, Revision 1, dated August 11, 2009.
    (1) Within 30 days after August 5, 2008.
    (2) Within 90 days after the installation of a new HVOF-coated
spindle.

    Note 1: Boeing Alert Service Bulletin 737-57A1304, dated June 2,
2008; and Boeing Service Bulletin 737-57A1304, Revision 1, dated
August 11, 2009; reference Boeing Alert Service Bulletin 737-
57A1277, Revision 1, dated November 25, 2003; for further guidance
on accomplishing the related investigative actions.

New Requirements of This AD

Repetitive Inspections, Related Investigative Actions, and
Corrective Action for Certain Airplanes

    (i) For airplanes on which a carriage spindle having a serial
number identified in Table 3 of Appendix A of Boeing Service
Bulletin 737-57A1304, Revision 1, dated August 11, 2009, is
installed: At the latest of the times specified in paragraphs
(i)(1), (i)(2), and (i)(3) of this AD, as applicable, do a detailed
inspection (or, as an option for the forward end of the spindle
only, a borescope inspection technique may be used) of the spindle
for corrosion and potential indications of corrosion of the carriage
spindle, and do all applicable related investigative and corrective
actions, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 737-57A1304, Revision 1, dated August 11,
2009. Do all applicable related investigative and corrective actions
before further flight. Repeat the detailed inspection (or, as an
option for the forward end of the spindle only, the borescope
inspection) and related investigative actions (i.e., the gap-check
or optional NDT ultrasonic inspection) at the applicable compliance
times specified in paragraph 1.E. of Boeing Service Bulletin 737-
57A1304, Revision 1, dated August 11, 2009.
    (1) Within 30 days after the effective date of this AD.
    (2) Within 90 days after the installation of a new HVOF-coated
spindle identified in Table 3 of Appendix A of Boeing Service
Bulletin 737-57A1304, Revision 1, dated August 11, 2009.
    (3) Within 90 days after doing an inspection in accordance with
Boeing Alert

Service Bulletin 737-57A1304, dated June 2, 2008.

Optional Terminating Action

    (j) Replacement of an HVOF-coated carriage spindle with a non-
HVOF coated carriage spindle, or with a serviceable HVOF-coated
carriage spindle with an `R' suffix on the serial number, in
accordance with Boeing Alert Service Bulletin 737-57A1304, dated
June 2, 2008; or Boeing Service Bulletin 737-57A1304, Revision 1,
dated August 11, 2009; terminates the requirements of this AD for
that carriage spindle only.

Parts Installation

    (k) As of August 5, 2008, an HVOF-coated spindle without an `R'
suffix on the serial number may be installed on an airplane provided
the actions required by paragraph (h) or (i) of this AD, as
applicable, are done on that spindle.

Alternative Methods of Compliance (AMOCs)

    (l)(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. Send information to
ATTN: Nancy Marsh, Aerospace Engineer, Airframe Branch, ANM-120S,
FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Or, e-mail
information to<EMAIL_ADDRESS>    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (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 an
Authorized Representative for the Boeing Commercial Airplanes
Delegation Option Authorization Organization who 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.
    (4) AMOCs approved previously in accordance with AD 2008-15-05,
are not approved as AMOCs for this AD.

Material Incorporated by Reference

    (m) You must use Boeing Alert Service Bulletin 737-57A1304,
dated June 2, 2008; and Boeing Service Bulletin 737-57A1304,
Revision 1, dated August 11, 2009; as applicable; to do the actions
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of Boeing Service Bulletin 737-57A1304,
Revision 1, dated August 11, 2009, under 5 U.S.C. 552(a) and 1 CFR
part 51.
    (2) The Director of the Federal Register previously approved the
incorporation by reference of Boeing Alert Service Bulletin 737-
57A1304, dated June 2, 2008, on August 5, 2008 (73 FR 42259, July
21, 2008).
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (4) You may review copies of the 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> or<PHONE_NUMBER>.
    (5) You may also review copies of the 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/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on October 26, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-26581 Filed 11-6-09; 8:45 am]

BILLING CODE 4910-13-P