Retrospective Regulatory Review Under E.O. 13563, 47527-47529 [2011-19947]

Download as PDF Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Proposed Rules erowe on DSKG8SOYB1PROD with PROPOSALS-1 Service Bulletin 737–53A1166, dated June 30, 1994; Boeing Service Bulletin 737– 53A1166, Revision 1, dated May 25, 1995; or Part 6 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737–53A1166, Revision 2, dated May 25, 2006; constitutes terminating action for the inspections required by this AD. (1) Installation of the preventative modification. (2) Replacement of the cracked chord and installation of the preventative modification. Alternative Methods of Compliance (AMOCs) (s)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in the Related Information section of this AD. Information may be e-mailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (3) An AMOC that provides an acceptable level of safety may be used for any repair 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) AMOCs approved for AD 95–12–17 are approved as AMOCs for the corresponding provisions of this AD. (5) For airplanes identified in tables 2, 3, and 5 of paragraph 1.E., ‘‘Compliance’’ of Boeing Alert Service Bulletin 737–53A1166, Revision 2, dated May 25, 2006: The Manager, Seattle ACO, approves the inspection methods, thresholds, and repetitive intervals therein as an AMOC for the inspections of Structurally Significant Items (SSIs) F–29A and F–29B required by paragraphs (g) and (h) of AD 2008–08–23, Amendment 39–15477 (Boeing 737–100/200/ 200C Supplemental Structural Inspection Document (SSID) D6–37089, Revision E, dated May 1, 2007), and paragraphs (g) and (h) of AD 2008–09–13, Amendment 39– 15494 (Boeing 737–400/500/600 SSID D6– 82669, dated May 1, 2007). This approval applies only to SSIs F–29A and F–29B of the applicable SSID and only for the portions of the BS 727 outer chord that have been inspected or that have been repaired or modified in accordance with Boeing Alert Service Bulletin 737–53A1166, Revision 2, dated May 25, 2006. All provisions of ADs 2008–08–23 and 2008–09–13 that are not specifically referenced in this paragraph remain fully applicable and must be done. If operators request this AMOC, they must revise their FAA-approved maintenance or inspection program to incorporate the alternative inspections in this paragraph. VerDate Mar<15>2010 14:53 Aug 04, 2011 Jkt 223001 Related Information (t) For more information about this AD, contact Alan Pohl, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; phone: (425) 917– 6450; fax: (425) 917–6590; e-mail: alan.pohl@faa.gov. (u) 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 206–766– 5680; e-mail me.boecom@boeing.com; Internet https://www.myboeingfleet.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–1221. Issued in Renton, Washington, on July 26, 2011. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2011–19904 Filed 8–4–11; 8:45 am] BILLING CODE 4910–13–P 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 Bureau of Industry and Security, Commerce. ACTION: Notice of inquiry. AGENCY: 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. SUMMARY: PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 47527 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 publiccommments@bis.doc.gov 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 202– 482–2440 or rpd2@bis.doc.gov. SUPPLEMENTARY INFORMATION: DATES: 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 E:\FR\FM\05AUP1.SGM 05AUP1 erowe on DSKG8SOYB1PROD with PROPOSALS-1 47528 Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Proposed Rules 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 VerDate Mar<15>2010 14:53 Aug 04, 2011 Jkt 223001 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 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 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 reformrelated 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. E:\FR\FM\05AUP1.SGM 05AUP1 Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Proposed Rules 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 erowe on DSKG8SOYB1PROD with PROPOSALS-1 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. COMMODITY FUTURES TRADING COMMISSION DEPARTMENT OF HOMELAND SECURITY 17 CFR Parts 1, 23, and 39 Coast Guard RIN 3038–AD51 33 CFR Part 167 Customer Clearing Documentation and Timing of Acceptance for Clearing; Correction Commodity Futures Trading Commission. AGENCY: Notice of proposed rulemaking; Correction. ACTION: This document corrects incorrect text published in the Federal Register of August 1, 2011, regarding Customer Clearing Documentation and Timing of Acceptance for Clearing. SUMMARY: John C. Lawton, Deputy Director and Chief Counsel, 202–418–5480, jlawton@cftc.gov, or Christopher A. Hower, Attorney-Advisor, 202–418– 6703, chower@cftc.gov, Division of Clearing and Intermediary Oversight, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. FOR FURTHER INFORMATION CONTACT: In FR Doc. 2011–19365 appearing on page 45737 in the Federal Register issue of Monday, August 1, 2011, the following corrections are made: SUPPLEMENTARY INFORMATION: § 1.72 [Corrected] On page 45737, in the left column, in § 1.72(e), the text ‘‘Prevents compliance with the time frames set forth in § 1.73(a)(9)(ii), § 23.609(a)(9)(ii),’’ is corrected to read, ‘‘Prevents compliance with the time frames set forth in § 1.74(b), § 23.610(b),’’. § 23.608 [Corrected] On page 45737, in the middle column, in § 23.608(e), the text ‘‘Prevents compliance with the time frames set forth in § 1.73(a)(9)(ii), § 23.609(a)(9)(ii),’’ is corrected to read, ‘‘Prevents compliance with the time frames set forth in § 1.74(b), § 23.610(b),’’. [FR Doc. 2011–19947 Filed 8–4–11; 8:45 am] Dated: August 1, 2011. David A. Stawick, Secretary of the Commission. BILLING CODE 3510–33–P [FR Doc. 2011–19874 Filed 8–4–11; 8:45 am] BILLING CODE P VerDate Mar<15>2010 14:53 Aug 04, 2011 Jkt 223001 47529 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 [Docket No. USCG–2005–21650] Port Access Route Study: In the Waters of Montauk Channel and Block Island Sound Coast Guard, DHS. Notice of availability of Preliminary Study Recommendations with request for comments. AGENCY: ACTION: The Coast Guard announces the availability of Preliminary Study Recommendations of a Port Access Route Study evaluating the continued applicability of and the need for modifications to the current vessel routing measures in the Waters of Montauk Channel and Block Island Sound. The goals of the study are to help reduce the risk of marine casualties and increase vessel traffic management efficiency in the study area. Preliminary recommendations indicate that marine transportation safety would be enhanced through modifications to the existing vessel routing systems. The Coast Guard solicits comments on the preliminary recommendations presented in this document so we can complete our Port Access Route Study. DATES: Comments and related material must either be submitted to our online docket via http://www.regulations.gov on or before October 4, 2011 or reach the Docket management facility by that date. ADDRESSES: You may submit comments identified by docket number USCG– 2005–21650 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (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 202–366–9329. 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. SUMMARY: E:\FR\FM\05AUP1.SGM 05AUP1

Agencies

[Federal Register Volume 76, Number 151 (Friday, August 5, 2011)]
[Proposed Rules]
[Pages 47527-47529]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19947]


=======================================================================
-----------------------------------------------------------------------

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.

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

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 
publiccommments@bis.doc.gov 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 202-482-2440 or rpd2@bis.doc.gov.

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

[[Page 47528]]

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.

[[Page 47529]]

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