[Federal Register: June 11, 2008 (Volume 73, Number 113)]
[Notices]
[Page 33084-33085]
[DOCID:fr11jn08-46]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0442; FRL-8366-8]

Diflubenzuron; Receipt of Application for Emergency Exemption,
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received a specific exemption request from the U.S.
Department of Agriculture, Animal and Plant Health Inspection Service
to use the pesticide diflubenzuron (CAS No. 35367-38-5) to treat up to
3,000 acres of alfalfa to control grasshoppers and mormon crickets. The
applicant proposes a use which is supported by the IR-4 program and has
been requested in 5 or more previous years, and a petition for
tolerance has not yet been submitted to the Agency.

DATES: Comments must be received on or before June 26, 2008.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2008-0442, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2008-0442. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://
www.regulations.gov, or, if only available in hard copy, at the OPP
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Libby Pemberton, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1.  Submitting CBI. Do not submit this information to EPA through

www.regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2.  Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. What Action is the Agency Taking?

    Under section 18 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the
Administrator, a Federal or State agency may be exempted from any
provision of FIFRA if the Administrator determines that emergency
conditions exist which require the exemption. U.S. Department of
Agriculture, Animal and Plant Health Inspection Service (USDA/APHIS)
has requested the Administrator to issue a specific exemption for the
use of diflubenzuron on alfalfa to control grasshoppers and Mormon
crickets. Information in accordance with 40 CFR part 166 was submitted
as part of this request.
    As part of this request, the Applicant asserts that use
diflubenzuron is requested to protect pollinators of Spalding's
catchfly, a threatened plant species endemic to the proposed treatment
area in Montana. The U.S. Fish and Wildlife Service's recovery plan for
Spalding's catchfly recommends that grasshopper control programs avoid
the use of broad spectrum insecticides (such as carbaryl and malathion)
that will affect native bee species. Since diflubenzuron is not
registered for use on alfalfa, current USDA/APHIS policy is to include
a 500-foot buffer around these fields during application to insure no
residues occur on alfalfa. Since the alfalfa fields are interspersed
within the rangeland spray block, the resulting treatments will create
several untreated areas that will allow grasshoppers to disperse from
untreated alfalfa fields and buffer strips into previously treated
areas and also damage untreated alfalfa hay.
    The Applicant proposes the use of diflubenzuron on 3,000 acres
alfalfa in Montana to control grasshoppers and Mormon crickets. The
proposed areas for treatment are alfalfa fields that are contained
within larger application blocks of rangeland on, or adjacent to, the
Flathead Reservation. The Flathead Reservation is located in Sanders,
Lake, Flathead and Missoula Counties in Montana. Applications will
occur primarily on the Flathead Nation near Irvine Flats in Sanders
county Montana. The area is primarily rangeland with some production of
alfalfa grown under irrigation. Aerial applications will be made using
fixed wing aircraft making broadcast applications or by using Reduced
Area Agent Treatments (RAAT). This method uses alternating swath
applications to the spray block providing effective control while
reducing environmental loading. The rate of application is 0.016 lb
active ingredient (ai) per acre at the full rate and 0.012 lb active
ingredient per acre using the RAAT. One application of a 22% ai product
will be made between May and September 2008. A maximum of a 48 lb. ai
will be applied.
    This notice does not constitute a decision by EPA on the
application itself. The regulations governing section 18 of FIFRA
require publication of a notice of receipt of an application for a
specific exemption proposing a use which is supported by the IR-4
program and has been requested in 5 or more previous years, and a
petition for tolerance has not yet been submitted to the Agency.
    The Agency, will review and consider all comments received during
the comment period in determining whether to issue the specific
exemption requested by the USDA/APHIS.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 28, 2008.
Lois A. Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E8-13002 Filed 6-10-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 86, Number 3 (Wednesday, January 6, 2021)]
[Notices]
[Pages 556-557]
[FR Doc No: 2020-29281]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4572-DR; Docket ID FEMA-2020-0001]

Texas; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Texas (FEMA-4572-DR), dated December 9, 2020,
and related determinations.

DATES: The declaration was issued December 9, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated December 9, 2020, the President issued a major disaster
declaration under the

authority of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford Act''), as
follows:

    I have determined that the damage in certain areas of the State
of Texas resulting from Hurricane Laura during the period of August
23 to August 27, 2020, is of sufficient severity and magnitude to
warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''). Therefore, I declare that such a major
disaster exists in the State of Texas.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Jerry S. Thomas, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Texas have been designated as
adversely affected by this major disaster:

    Galveston, Jasper, Jefferson, Newton, and Orange Counties for
Public Assistance.
    All areas within the State of Texas are eligible for assistance
under the Hazard Mitigation Grant Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-29281 Filed 1-5-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Notices]
[Pages 13493-13494]
[FR Doc No: 2023-04382]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0170]

Agency Information Collection Activities; Renewal of an Approved
Information Collection: Training Certification for Drivers of Longer
Combination Vehicles

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for its
review and approval and invites public comment. FMCSA requests approval
to renew an ICR titled, ``Training Certification for Drivers of Longer
Combination Vehicles'' OMB Control No. 2126-0026. This ICR relates to
Agency requirements for drivers to be certified to operate longer
combination vehicles (LCVs), and associated recordkeeping requirements
that motor carriers must satisfy before permitting their drivers to
operate LCVs. Motor carriers, upon inquiry by authorized Federal,
State, or local officials, must produce an LCV Driver-Training
Certificate for each of their LCV drivers.

DATES: Comments on this notice must be received on or before April 3,
2023.

ADDRESSES: Written comments and recommendations for the proposed
information collection (IC) should be sent within 30 days of
publication of this notice to www.reginfo.gov/public/do/PRAMain. Find
this IC by selecting ``Currently under 30-day Review--Open for Public
Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division, DOT, FMCSA, West Building 6th Floor, 1200
New Jersey Avenue SE, Washington, DC 20590,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION:
    Title: Training Certification for Drivers of Longer Combination
Vehicles (LCVs).
    OMB Control Number: 2126-0026.
    Type of Request: Renewal of an information collection request.
    Respondents: LCV training providers who train new LCV drivers;
drivers who complete LCV training each year; current LCV drivers who
submit their LCV Driver-Training Certificate to prospective employers;
and employers (motor carriers) receiving and maintaining copies of the
LCV Driver-Training Certificates of their drivers.
    Estimated Number of Respondents: 52,082, consisting of 240 LCV
training providers, 240 newly-certified LCV drivers seeking employment,
25,681 currently certified LCV drivers seeking employment, and 25,921
motor carriers employing LCV drivers.
    Estimated Time per Response: 10 minutes for training providers to
prepare LCV Driver-Training Certificates for drivers who successfully
complete the LCV training; 5 minutes for newly-certified drivers, as
well as 5 minutes for currently-certified drivers, to provide LCV
Training Certification documents to motor carriers; and 5 minutes for
motor carriers to retain the LCV training certifications.
    Expiration Date: June 30, 2023.
    Frequency of Response: On occasion.
    Estimated Total Annual Burden: 4,360 hours. The total number of
drivers who will be subjected to these requirements each year is
25,921, which consists of 240 newly-certified LCV drivers seeking
employment and 25,681 currently-certified LCV drivers obtaining new
employment. Also, there are 240 LCV training providers who will be
required to prepare the training certificates for newly-certified
drivers. Additionally, there are 25,921 (240 + 25,681) motor carriers
who will hire the drivers. The total annual information collection
burden is approximately 4,360 hours = 40 hours for preparation of LCV
Driver-Training Certificates [240 training providers prepare
certificates for drivers successfully completing training x 10 minutes/
60 minutes/hour] + 20 hours for newly-certified LCV drivers seeking
employment to provide certification documents to motor carriers [240
drivers x 5 minutes/60 minutes/hour] + 2,140 hours for currently-
certified LCV drivers seeking employment to provide certification
documents to motor carriers [25,681 drivers x 5 minutes/60 minutes/
hour] + 2,160 hours for the 25,921 motor carriers receiving and filing
certificates from the hiring of 240 newly-certified LCV drivers and the
hiring of 25,681 currently-certified LCV drivers [25,921 x 5 minutes/60
minutes/hour].

Background

    An LCV is any combination of a truck-tractor and two or more semi-
trailers or trailers that operates on the National System of Interstate
and Defense Highways (according to 23 CFR 470.107) and has a gross
vehicle weight greater

than 80,000 pounds (49 CFR 380.105(b)) (see 69 FR 16733, March 30,
2004). To enhance the safety of LCV operations on our Nation's
highways, section 4007(b) of the Motor Carrier Act of 1991 directed the
Secretary of Transportation to establish Federal minimum training
requirements for drivers of LCVs (Title IV of the Intermodal Surface
Transportation Efficiency Act of 1991, Pub. L. 102-240, 105 Stat. 1914,
2152). The Secretary of Transportation delegated responsibility for
establishing these requirements to FMCSA (49 CFR 1.87), and on March
30, 2004, FMCSA established the current training requirements for
operators of LCVs (69 FR 16722), codified at 49 CFR part 380. The LCV
Driver Training Program in 49 CFR 380.201 described in Appendix F to
part 380 lists topics of instruction required for drivers of LCVs to
complete during training before they can obtain an LCV Driver-Training
Certificate. Drivers receive an LCV Driver-Training Certificate that is
substantially in accordance with the form in 49 CFR 380.401(a) upon
successful completion of these training requirements. Section
380.401(b) requires drivers to provide a copy of the LCV Driver-
Training Certificate to his/her employer to be filed in the Driver
Qualification file. Section 380.113 bars motor carriers from permitting
their drivers to operate an LCV if the drivers have not been properly
trained in accordance with the requirements of 49 CFR 380.203 or
380.205. Motor carriers employing an LCV driver must verify the
driver's qualifications to operate an LCV and must maintain a copy of
the LCV Driver-Training Certificate and present it to authorized
Federal, State, or local officials upon request.

Renewal of This IC

    The current burden hour estimate associated with this IC, approved
by OMB on June 26, 2020, is 4,244 hours. The expiration date of the
current ICR is June 30, 2023. Through this ICR renewal, the Agency
requests an increase in the burden hours from 4,244 hours to 4,360
hours. The increase is the result of the increase in estimated driver
population as well as the increase in expected industry growth rate for
drivers from 2020 to 2030.
    On October 11, 2022, FMCSA published a Federal Register notice
allowing for a 60-day comment period on this ICR (87 FR 61428). The
comment period closed on December 12, 2022. There were no comments
submitted in response to that notice.
    Public Comments Invited: You are asked to comment on any aspect of
this IC, including: (1) whether the proposed collection is necessary
for the performance of FMCSA's functions; (2) the accuracy of the
estimated burden; (3) ways for the FMCSA to enhance the quality,
usefulness, and clarity of the collected information; and (4) ways that
the burden could be minimized without reducing the quality of the
information collected. The agency will summarize or include your
comments in the request for OMB's clearance of this ICR.

    Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2023-04382 Filed 3-2-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 151 (Friday, August 5, 2011)]
[Proposed Rules]
[Pages 47527-47529]
[FR Doc No: 2011-19947]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Chapter VII

[Docket No. 110711380-1379-01]
RIN 0694-XA37

Retrospective Regulatory Review Under E.O. 13563

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Notice of inquiry.

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SUMMARY: The Bureau of Industry and Security (BIS), Department of
Commerce, is currently engaged in the Export Control Reform Initiative,
which will fundamentally reform the U.S. export control system.
Retrospective review of the regulations administered by BIS is an
essential aspect of the Export Control Reform Initiative. In addition
to this effort, and pursuant to President Obama's direction in
Executive Order 13563, BIS is conducting a retrospective review of
portions of the Export Administration Regulations, Chemical Weapons
Convention Regulations, Additional Protocol Regulations, and National
Defense Industrial Base Regulations to determine how they might be
clarified or streamlined to be more effective or less burdensome.
Through this notice of inquiry, BIS seeks public comments on how it
should undertake its retrospective review of regulations.

DATES: Comments must be received by BIS no later than February 1, 2012.

ADDRESSES: Comments may be submitted to the Federal rulemaking portal
(http://www.regulations.gov). The regulations.gov ID for this notice of
inquiry is: BIS-2011-0027. In order to maximize the open exchange of
ideas, BIS strongly encourages comment submission through
regulations.gov. However, comments may also be submitted via e-mail to
<EMAIL_ADDRESS>or on paper to Regulatory Policy Division,
Bureau of Industry and Security, Room 2099B, U.S. Department of
Commerce, Washington, DC 20230. Please refer to RIN 0694-XA37 in all
comments and in the subject line of e-mail comments. All comments
(including any personally identifying information) will be made
available for public inspection and copying.

FOR FURTHER INFORMATION CONTACT: Hillary Hess, Director, Regulatory
Policy Division, Office of Exporter Services, Bureau of Industry and
Security at<PHONE_NUMBER> or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Executive Order 13563

    On January 18, 2011, President Barack Obama issued Executive Order
13563, affirming general principles of regulation and directing
government agencies to improve regulation and regulatory review. Among
other things, the President stressed the need for the regulatory system
to allow for public participation and an open exchange of ideas, as
well as promote predictability and reduce uncertainty. The President
also emphasized that regulations must be accessible, consistent,
written in plain language, and easy to understand. As part of its
ongoing effort to ensure that its regulations are clear, effective, and
up-to-date, BIS is issuing this notice of inquiry soliciting public
comments on its existing and proposed rules, with the exception of
those rules related to the Export Control Reform Initiative, as
described below. BIS requests that comments on rules related to export
control reform be submitted in response to those specific rules and
notices rather than to this broader notice of inquiry, which pertains
to other aspects of the Export Administration Regulations and to the
Chemical Weapons Convention Regulations, the Additional Protocol
Regulations, and National Security Industrial Base Regulations.

The Export Control Reform Initiative

    In August 2009, the President directed a broad-based interagency
review of the U.S. export control system with the goal

of strengthening national security and the competitiveness of key U.S.
manufacturing and technology sectors by focusing on current threats and
adapting to the changing economic and technological landscape. The
review determined that the current export control system is overly
complicated, contains too many redundancies, and, in trying to protect
too much, diminishes our ability to focus our efforts on the most
critical national security priorities. As a result, the Administration
began the Export Control Reform Initiative, which will fundamentally
reform the U.S. export control system. The Export Control Reform
Initiative is designed to enhance U.S. national security and strengthen
the United States' ability to counter threats such as the proliferation
of weapons of mass destruction. The Administration determined that
fundamental reform is needed in each of the export control system's
four component areas: transformation to a single control list, a single
licensing agency, a single information technology system, and a single
primary enforcement coordination agency. The Administration is
implementing the reform in three phases. The first two phases involve
short- and medium-term adjustments to the current export control
system, with a focus on establishing harmonized control lists and
processes among the Departments of Commerce, State, and the Treasury,
to the extent practicable, in order to build toward the third phase of
the single control list, licensing agency, information technology
system, and enforcement coordination agency. Under this approach, new
criteria for determining what items need to be controlled and a common
set of policies for determining when an export license is required will
be implemented. The control list criteria will be based on transparent
rules, which will reduce the uncertainty faced by our allies, U.S.
industry, and its foreign partners, and will allow the government to
erect higher walls around the most sensitive items in order to enhance
national security.
    On December 9, 2010, BIS issued a proposed rule (75 FR 76653)
describing the proposed new License Exception Strategic Trade
Authorization (STA) that will be an initial step in the Export Control
Reform Initiative. License Exception STA will authorize, with
conditions, the export, reexport and transfer (in-country) of specified
items to destinations that pose relatively low risk of unauthorized
uses. To safeguard against reexports to destinations that are not
authorized under License Exception STA, it will impose notification and
consignee statement requirements on these transactions. Also on
December 9, BIS issued an Advance Notice of Proposed Rulemaking (75 FR
76664) soliciting public comments on how the descriptions of items on
the Commerce Control List (CCL) could be clarified and made more
``positive'' in the sense of using objective parameters rather than
subjective criteria to determine the items' classifications, which in
turn determine license requirements. This notice also sought public
comments on ``tiering'' items in a manner consistent with the control
criteria the Administration has developed as part of the reform effort:
The degree to which an item provides the United States with a critical,
substantial, or significant military or intelligence advantage; and the
availability of that item outside certain groups of countries. The
Department of State's Directorate of Defense Trade Controls published
requests for comment on revisions to the U.S. Munitions List on
December 10, 2010 (75 FR 76930).
    BIS received numerous comments on the proposed License Exception
STA and the CCL notice, most of them detailed, thoughtful, and
technically expert. BIS issued the final rule implementing License
Exception STA on June 16, 2011 (76FR 35276) having benefited
significantly from such public participation, and anticipates that the
continuing effort to coordinate, simplify, and harmonize export
controls across agencies will be similarly informed by public response
to the notice.
    A core proposal intended to bring about the initiative's national
security objectives is to transfer jurisdiction over less significant
defense articles, principally generic parts and components, that are
controlled by the regulations administered by the State Department to
the export control regulations administered by the Commerce Department,
which are more capable of having controls tailored to the significance
of the item and the degree of risk associated with its export to
different groups of countries. This plan will advance the national
security objectives of export control reform by allowing for greater
interoperability with our NATO partners and other close allies and also
will strengthen the industrial base by removing incentives for foreign
companies to design out or avoid US-origin content. This plan will also
significantly reduce the licensing and other collateral burdens on
exporters and the government while at the same time harmonizing the
system to allow for the eventual creation of a single list of
controlled items administered by a single licensing agency. (See
``Proposed Revisions to the Export Administration Regulations (EAR):
Control of Items the President Determines No Longer Warrant Control
Under the United States Munitions List (USML),'' published on July 15,
2011 (76 FR 41958).)
    In the coming months, the agencies involved in the Export Control
Reform Initiative will continue the regulatory modifications necessary
to harmonize export control lists and definitions, which will involve
issuing a number of proposals. This effort will draw heavily on the
resources of those agencies, but it will require the efforts of members
of the public as well, who take time from their normal duties to review
proposals and submit comments.

Export Administration Regulations

    The Export Control Reform Initiative is BIS's top priority, and as
noted above, BIS requests that submission of reform-related comments be
directed toward each specific proposal as it is published rather than
as part of a general response to this notice of inquiry. Many key
aspects of the EAR--which items are subject to the EAR and when they
require licenses to which destination--will be addressed substantively
by the Export Control Reform Initiative. In this notice of inquiry, BIS
seeks comments on aspects of the EAR that are not immediately affected
by the reform initiative and that could be clarified or streamlined to
be more effective or less burdensome.
    Controls imposed by the EAR protect the national security and
advance the foreign policy interests of the United States, creating a
necessary licensing burden. This necessary licensing burden entails an
equally necessary compliance burden. BIS seeks comments identifying any
unnecessary compliance burden caused by rules that are unduly complex,
outmoded, inconsistent, or overlapping, and comments identifying ways
to make any aspect of the EAR more effectively protect the national
security or advance the foreign policy interests of the United States.

Chemical Weapons Convention Regulations

    The Chemical Weapons Convention Regulations (15 CFR parts 710
through 729) (CWCR) implement certain obligations of the United States
under the Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on Their Destruction, known
as the CWC or Convention.

Additional Protocol Regulations

    The Additional Protocol Regulations (15 CFR parts 781 through 786)
(APR) implement certain obligations of the United States under the
Protocol Additional to the Agreement Between the United States of
America and the International Atomic Energy Agency Concerning the
Application of Safeguards in the United States of America, known as the
Additional Protocol. These obligations relate to nuclear fuel cycle-
related activities.

National Security Industrial Base Regulations

    The National Security Industrial Base Regulations (15 CFR 700
through 705) include the Defense Priorities and Allocations System,
Reporting of Offsets Agreements in Sales of Weapon Systems or Defense-
Related Items to Foreign Countries or Foreign Firms, and Effect of
Imported Articles on the National Security. Because the rules regarding
reporting of offsets agreements were recently revised (74 FR 68136),
BIS is not soliciting comments on 15 CFR part 701 with this notice of
inquiry. BIS also published a proposed rule regarding the Defense
Priorities and Allocations System Regulations (75 FR 32122) and has yet
to publish a final rule. BIS is not soliciting comments on 15 CFR part
700 with this notice of inquiry.

Public Comments

    With respect to improving existing rules or eliminating outmoded
ones, BIS would like to receive comments that are as specific and well-
supported as possible. Helpful comments will include a description of a
problem or concern, available data on cost or economic impact, and a
proposed solution. BIS also welcomes comments on rules the public
considers effective or well designed. BIS is also interested in
information on foreign countries' implementation of export controls. In
the interest of fostering open exchange, BIS encourages those
interested in submitting comments to peruse those already posted on
regulations.gov.

    Dated: August 1, 2011.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2011-19947 Filed 8-4-11; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register Volume 80, Number 86 (Tuesday, May 5, 2015)]
[Proposed Rules]
[Pages 25627-25629]
[FR Doc No: 2015-10315]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Proposed
Rules

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1270; Directorate Identifier 2014-NM-222-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 747-100, -200B, -200C, -200F, -300, -
400, -400D, and -400F series airplanes. This proposed AD was prompted
by reports of significant fuselage skin damage at certain parts of the
dorsal fairing, due to wear from the dorsal fairing. This proposed AD
would require repetitive detailed inspections for wear and cracks of
the fuselage skin under the dorsal fairing, and related investigative
and corrective actions if necessary. This proposed AD would also
require repetitive post-repair external surface high frequency eddy
current inspections of the blended areas of the skin and detailed
inspections of the unrepaired areas, and related investigative and
corrective actions if necessary. We are proposing this AD to detect and
correct fuselage skin damage of the dorsal fairing area, which could
result in skin cracking and consequent depressurization of the
airplane.

DATES: We must receive comments on this proposed AD by June 19, 2015.

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; phone:<PHONE_NUMBER>,
extension 1; fax:<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
1270.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
1270; 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: Nathan Weigand, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6428; 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-2015-1270;
Directorate Identifier 2014-NM-222-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

    We received reports of significant fuselage skin damage at the
dorsal fairing forward of station (STA) 2280, due to wear from the
dorsal fairing. These two airplanes had accumulated 45,707 and 71,702
total flight hours. The skin damage occurred from inadequate clearance
between fuselage crown skin and the lower aft corners of the dorsal
fairing. Affected airplanes are limited to those delivered or
retrofitted with certain dorsal fairing assemblies. Airplanes with
other dorsal fairing configurations are not expected to develop skin
wear. This inadequate clearance, if not corrected, could result in skin
cracking and consequent depressurization of the airplane.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 747-53A2876, dated
October 22, 2014. This service information describes procedures for
repetitive inspections, repair, and modification of the fuselage skin
under the dorsal fairing. Refer to this service information for
information on the procedures and compliance times. This service
information is reasonably available at http://www.regulations.gov by
searching for and locating Docket No. FAA-2015-1270. Or see ADDRESSES
for other ways to access this service information.

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 accomplishing the actions specified
in the service information identified previously, except as discussed
under ``Differences Between this Proposed AD and the Service
Information.''
    The phrase ``related investigative actions'' is used in this
proposed AD. ``Related investigative actions'' are follow-on actions
that (1) are related to the primary actions, and (2) further
investigate the nature of any condition found. Related investigative
actions in an AD could include, for example, inspections.
    The phrase ``corrective actions'' is used in this proposed AD.
``Corrective actions'' are actions that correct or address any
condition found. Corrective actions in an AD could include, for
example, repairs.

Explanation of ``RC'' Steps in Service Information

    The FAA worked in conjunction with industry, under the
Airworthiness Directives Implementation Aviation Rulemaking Committee
(ARC), to enhance the AD system. One enhancement was a new process for
annotating which steps in the service information are required for
compliance with an AD. Differentiating these steps from other tasks in
the service information is expected to improve an owner's/operator's
understanding of crucial AD requirements and help provide consistent
judgment in AD compliance. The steps that are identified as RC
(required for compliance) in any service information identified
previously have a direct effect on detecting, preventing, resolving, or
eliminating an identified unsafe condition.
    Steps that are identified as RC must be done to comply with the
proposed AD. However, steps that are not identified as RC are
recommended. Those steps that are not identified as RC may be deviated
from using accepted methods in accordance with the operator's
maintenance or inspection program without obtaining approval of an
alternative method of compliance (AMOC), provided the steps identified
as RC can be done and the airplane can be put back in a serviceable
condition. Any substitutions or changes to steps identified as RC will
require approval of an AMOC.

Differences Between This Proposed AD and the Service Information

    Boeing Alert Service Bulletin 747-53A2876, dated October 22, 2014,
specifies to contact the manufacturer for instructions on how to repair
certain conditions, but this proposed AD would require repairing those
conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) whom we have
authorized to make those findings.
    Tables 4 and 5 in paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 747-53A2876, dated October 22, 2014, specify
accomplishing the post-repair inspections identified in Part 8 of the
service bulletin. Part 8 of the service bulletin allows the option of
high frequency eddy current (HFEC) or low frequency eddy current (LFEC)
inspections of the blended areas of the skin; however, this proposed AD
does not allow the option of an LFEC inspection. This difference has
been coordinated with Boeing.
    Tables 3, 6, and 7 in paragraph 1.E., ``Compliance,'' of Boeing
Alert Service Bulletin 747-53A2876, dated October 22, 2014, specify
post-modification inspections at certain fuselage crown skin locations,
which may be used in support of compliance with section 121.1109(c)(2)
or 129.109(b)(2) of the Federal Aviation Regulations (14 CFR
121.1109(c)(2) or 129.109(b)(2)). However, this NPRM does not propose
to require those post-modification inspections. This difference has
been coordinated with Boeing.

Costs of Compliance

    We estimate that this proposed AD affects 93 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Action                     Labor cost        Parts cost     Cost per product                      Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspections.......................  Up to 15 work-hours            $0   Up to $1,275 per      Up to $118,575 per inspection cycle.
                                     x $85 per hour =                    inspection cycle.
                                     $1,275.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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-2015-1270; Directorate Identifier
2014-NM-222-AD.

(a) Comments Due Date

    We must receive comments by June 19, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-100, -200B, -
200C, -200F, -300, -400, -400D, and -400F series airplanes;
certificated in any category, as identified in Boeing Alert Service
Bulletin 747-53A2876, dated October 22, 2014.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of significant fuselage skin
damage at the dorsal fairing forward of station (STA) 2280 due to
wear from the dorsal fairing. We are issuing this AD to detect and
correct fuselage skin damage of the dorsal fairing area, which could
result in skin cracking and consequent depressurization of the
airplane.

(f) Compliance

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

(g) Inspections and Repair

    At the applicable time specified in tables 1 and 2 of paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 747-53A2876,
dated October 22, 2014, except as provided by paragraph (j)(1) of
this AD, do a detailed inspection of the fuselage skin under the
dorsal fairing for wear or cracks, and do all applicable related
investigative and corrective actions, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2876, dated October 22, 2014, except as required by paragraph
(j)(2) of this AD. Do all applicable related investigative and
corrective actions at the time specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2876, dated
October 22, 2014. Repeat the applicable inspections of the fuselage
skin thereafter at the applicable times specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2876, dated
October 22, 2014.

(h) Post-Repair Inspections

    At the applicable time specified in tables 4 and 5 of paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 747-53A2876,
dated October 22, 2014, except as provided by paragraph (j)(1) of
this AD, do an external surface high frequency eddy current
inspection of the blended areas of the skin and a detailed
inspection of the unrepaired areas, and do all applicable related
investigative and corrective actions, in accordance with Part 8 of
the Accomplishment Instructions of Boeing Alert Service Bulletin
747-53A2876, dated October 22, 2014, except as required by paragraph
(j)(2) of this AD. Do all applicable related investigative and
corrective actions at the time specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2876, dated
October 22, 2014. Repeat the applicable inspections of the blended
areas of the skin thereafter at the applicable times specified in
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
747-53A2876, dated October 22, 2014.

(i) Post-Modification Inspections

    The post-modification inspections specified in tables 3, 6, and
7 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 747-53A2876, dated October 22, 2014, are not required by
this AD.

    Note 1 to paragraph (i) of this AD: The post-modification
inspections specified in tables 3, 6, and 7 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2876, dated
October 22, 2014, may be used in support of compliance with section
121.1109(c)(2) or 129.109(b)(2) of the Federal Aviation Regulations
(14 CFR 121.1109(c)(2) or 14 CFR 129.109(b)(2)). The corresponding
actions specified in the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2876, dated October 22, 2014, are not
required by this AD.

(j) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Service Bulletin 747-53A2876, dated
October 22, 2014, specifies a compliance time ``after the Original
Issue date of this service bulletin,'' this AD requires compliance
within the specified compliance time after the effective date of
this AD.
    (2) Although Boeing Alert Service Bulletin 747-53A2876, dated
October 22, 2014, specifies to contact Boeing for repair data, and
specifies that action as ``RC'' (Required for Compliance), this AD
requires repair before further flight using a method approved in
accordance with the procedures specified in paragraph (k) of this
AD.

(k) 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 paragraph (k)(1) 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.
    (4) Except as required by paragraph (j)(2) of this AD: If any
service information contains steps that are identified as RC
(Required for Compliance), those steps must be done to comply with
this AD; any steps that are not identified as RC are recommended.
Those steps that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the steps identified as RC can be done and the airplane can be put
back in a serviceable condition. Any substitutions or changes to
steps identified as RC require approval of an AMOC.

(l) Related Information

    (1) For more information about this AD, contact Nathan Weigand,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; 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; phone: 206-544-
5000, extension 1; fax:<PHONE_NUMBER>; Internet: https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on April 27, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-10315 Filed 5-4-15; 8:45 am]
 BILLING CODE 4910-13-P