Wassenaar Arrangement 2009 Plenary Agreements Implementation: Categories 1, 2, 3, 4, 5 Part I, 6, 7, and 9 of the Commerce Control List, Definitions, Reports; Correction, 62675-62676 [2010-25554]
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62675
Rules and Regulations
Federal Register
Vol. 75, No. 197
Wednesday, October 13, 2010
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 772 and 774
[Docket No. 100413184–0299–01]
RIN 0694–AE91
Wassenaar Arrangement 2009 Plenary
Agreements Implementation:
Categories 1, 2, 3, 4, 5 Part I, 6, 7, and
9 of the Commerce Control List,
Definitions, Reports; Correction
Bureau of Industry and
Security, Commerce.
ACTION: Correcting amendments.
AGENCY:
The Bureau of Industry and
Security (BIS) published a final rule in
the Federal Register on Tuesday,
September 7, 2010 (75 FR 54271) that
revised the Export Administration
Regulations (EAR) by amending entries
for certain items that are controlled for
national security reasons in Categories
1, 2, 3, 4, 5 Part I (telecommunications),
6, 7, and 9; adding new entries to the
Commerce Control List; revising
reporting requirements; and adding and
amending EAR Definitions. That final
rule contained errors that affected
Export Control Classification Numbers
(ECCNs) 6A005, 6A008, and 9A001, as
well as the definition of ‘‘energetic
materials.’’ In addition, that final rule’s
preamble erroneously identified ECCN
6E993 as one of the ECCNs that was
revised in the rule’s text. This document
corrects these errors.
DATES: Effective Date: This rule is
effective: October 13, 2010.
FOR FURTHER INFORMATION CONTACT: For
general questions contact Sharron Cook,
Office of Exporter Services, Bureau of
Industry and Security, U.S. Department
of Commerce at (202) 482–2440 or by
e-mail: scook@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
jdjones on DSK8KYBLC1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:59 Oct 12, 2010
Jkt 223001
Background
On September 7, 2010, the final rule,
‘‘Wassenaar Arrangement 2009 Plenary
Agreements Implementation: Categories
1, 2, 3, 4, 5 Part I, 6, 7, and 9 of the
Commerce Control List, Definitions,
Reports’’ was published in the Federal
Register (75 FR 54271). The preamble of
the September 7th rule listed ECCN
6E993 as one of the ECCNs that was
revised, but it was not, in fact, revised
by the rule. Through publication of this
rule, BIS is clarifying that ECCN 6E993
was not revised by the September 7th
rule. The September 7th rule also added
an incomplete definition for ‘‘energetic
materials’’ in section 772.1. This rule
corrects that error by adding the missing
text to the definition.
In the Commerce Control List, the rule
did not remove a note after 6A008.f that
had been moved to the items paragraph
of ECCN 6A008. This rule removes the
note after 6A008.f. Also, the rule listed
an incorrect citation of ‘‘6.A.5.d.1.d’’
instead of ‘‘6A005.d.1.d’’ in 6A005.d.1.e;
this rule corrects this citation. The rule
also included two incomplete citations
in the introductory text of ECCN
9A001.a; this rule replaces the citations
‘‘.a or .h’’ with ‘‘9E003.a or 9E003.h’’.
Rulemaking Requirements
1. This final rule has been determined
to be not significant for purposes of
Executive Order 12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to, nor shall any person be
subject to a penalty for failure to comply
with a collection of information subject
to the requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This rule
involves two collections of information
subject to the PRA. One of the
collections has been approved by OMB
under control number 0694–0088,
‘‘Multi Purpose Application,’’ and
carries a burden hour estimate of 58
minutes for a manual or electronic
submission. The other of the collections
has been approved by OMB under
control number 0694–0106, ‘‘Reporting
and Recordkeeping Requirements under
the Wassenaar Arrangement,’’ and
carries a burden hour estimate of 21
minutes for a manual or electronic
submission. Send comments regarding
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
these burden estimates or any other
aspect of these collections of
information, including suggestions for
reducing the burden, to OMB Desk
Officer, New Executive Office Building,
Washington, DC 20503; and to Jasmeet
Seehra, OMB Desk Officer, by e-mail at
Jasmeet_K._Seehra@omb.eop.gov or by
fax to (202) 395–7285; and to the Office
of Administration, Bureau of Industry
and Security, Department of Commerce,
14th and Pennsylvania Avenue, NW.,
Room 6622, Washington, DC 20230.
3. This rule does not contain policies
with Federalism implications as that
term is defined under Executive Order
13132.
4. The provisions of the
Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed
rulemaking, the opportunity for public
participation, and a delay in effective
date, are inapplicable because this
regulation involves a military and
foreign affairs function of the United
States (5 U.S.C. 553(a)(1)). The changes
contained in this rule are nonsubstantive technical corrections of a
previously published rule that has
already been exempted from notice and
comment and delay in effective date
provisions because the content of the
September 7, 2010 rule involves a
military and foreign affairs function of
the United States (5 U.S.C. 553(a)(1)).
The corrections contained in this final
rule are essential to ensuring the
accurate and complete implementation
of the September 7th rule.
Further, no other law requires that a
notice of proposed rulemaking and an
opportunity for public comment be
given for this final rule. Because a
notice of proposed rulemaking and an
opportunity for public comment are not
required to be given for this rule under
the Administrative Procedure Act or by
any other law, the analytical
requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are
not applicable. Therefore, this
regulation is issued in final form.
Although there is no formal comment
period, public comments on this
regulation are welcome on a continuing
basis. Comments should be submitted to
Sharron Cook, Office of Exporter
Services, Bureau of Industry and
Security, Department of Commerce,
14th and Pennsylvania Ave., NW.,
Room 2705, Washington, DC 20230.
E:\FR\FM\13OCR1.SGM
13OCR1
62676
Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Rules and Regulations
Items:
a. Incorporating any of the technologies
controlled by 9E003.a or 9E003.h; or
List of Subjects
15 CFR Part 772
Exports.
*
*
*
*
*
15 CFR Part 774
Exports, Reporting and recordkeeping
requirements.
■ Accordingly, Parts 772 and 774 of the
Export Administration Regulations (15
CFR Parts 730–774) are amended as
follows:
Bernard Kritzer,
Director, Office of Exporter Services.
PART 772—[AMENDED]
20 CFR Parts 404 and 416
1. The authority citation for Part 772
continues to read as follows:
[Docket No. SSA–2008–0041]
■
2. Section 772.1 is amended by adding
the phrase ‘‘subclasses of energetic
materials.’’ to the end of the definition
for ‘‘Energetic materials.’’
■
PART 774—[AMENDED]
3. The authority citation for Part 774
continues to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u);
42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C.
1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Notice of August 12, 2010, 75
FR 50681 (August 16, 2010).
4. In Supplement No. 1 to Part 774
(the Commerce Control List):
■ a. Category 6 Sensors, ECCN 6A005 is
amended by removing the reference
‘‘6.A.5.d.1.d’’ and adding in its place
‘‘6A005.d.1.d’’ in paragraph d.1.e in the
Items paragraph of the List of Items
Controlled section.
■ b. Category 6—Sensors, ECCN 6A008
is amended by removing the Note from
paragraph f in the Items paragraph of
the List of Items Controlled section.
■ c. Category 9, Aerospace and
Propulsion, ECCN 9A001 is amended by
revising the introductory text of
paragraph (a) in the Items paragraph of
the List of Items Controlled section to
read as follows:
■
jdjones on DSK8KYBLC1PROD with RULES
Supplement No. 1 to Part 774—The
Commerce Control List
*
*
*
*
*
*
*
List of Items Controlled
*
*
*
VerDate Mar<15>2010
*
*
14:59 Oct 12, 2010
Jkt 223001
SOCIAL SECURITY ADMINISTRATION
Disability Determinations by State
Agency Disability Examiners
Social Security Administration.
Final rules.
AGENCY:
ACTION:
We are revising our rules on
a temporary basis to permit State agency
disability examiners to make fully
favorable determinations in certain
claims for disability benefits under titles
II and XVI of the Social Security Act
(Act) without the approval of a State
agency medical or psychological
consultant. These changes apply only to
claims we consider under our rules for
quick disability determinations (QDD)
or under our compassionate allowance
initiative.
SUMMARY:
These final rules are effective on
November 12, 2010.
FOR FURTHER INFORMATION CONTACT:
Nancy Schoenberg, Office of
Compassionate Allowances and
Disability Outreach, Social Security
Administration, 4692 Annex, 6401
Security Boulevard, Baltimore, MD
21235–6401, (410) 966–9408, for
information about this notice. For
information on eligibility or filing for
benefits, call our national toll-free
number, 1–800–772–1213 or
TTY 1–800–325–0778, or visit our
Internet site, Social Security Online at
https://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
DATES:
Electronic Version
The electronic file of this document is
available on the date of publication in
the Federal Register at https://
www.gpoaccess.gov/fr/.
Our Current Rules
*
9A001 Aero gas turbine engines having
any of the following (see List of Items
Controlled).
*
BILLING CODE 3510–33–P
RIN 0960–AG87
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
12, 2010, 75 FR 50681 (August 16, 2010).
*
[FR Doc. 2010–25554 Filed 10–12–10; 8:45 am]
Under our current rules, a State
agency disability examiner and a State
agency medical or psychological
consultant generally work together to
make a disability determination at the
first two levels of the administrative
review process for adjudicating
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
disability claims under titles II and XVI
of the Act.1 The members of the team
are jointly responsible for the
determination.2 Except in prototype
States, a State agency disability
examiner may solely make a disability
determination, without consulting a
medical consultant, only when there is
no medical evidence to evaluate and the
claimant fails or refuses, without a good
reason, to undergo a consultative
examination.3
Although we evaluate all disability
claims using the same criteria, we have
developed two methods for expediting
certain claims where there is a high
probability that we will find the
claimant disabled. In the QDD process,
we use a computer-based predictive
model to analyze specific elements of
data in electronic claim files. The
predictive model identifies claims in
which there is a high potential that the
claimant is disabled and in which we
can quickly and easily obtain evidence
supporting the claimant’s allegations.4
In the compassionate allowance
initiative, we use a list of conditions to
quickly identify diseases and other
medical conditions that invariably
qualify under the Listing of Impairments
(‘‘listings’’) in our regulations 5 at step 3
of the sequential evaluation process for
initial claims 6 based on minimal, but
sufficient, objective medical
information.7
1 20
CFR 404.900 and 416.1400.
CFR 404.1615(c)(1) and 416.1015(c)(1).
3 20 CFR 404.1615(c)(2) and 416.1015(c)(2). In
some States, we are testing a modification to the
disability determination procedures that allows
State agency disability examiners called ‘‘single
decisionmakers’’ (SDM) to make both favorable and
unfavorable determinations alone in some cases;
that is, without working in a team with a medical
or psychological consultant. 20 CFR 404.906(b)(2)
and 416.1406(b)(2). We are continuing that testing.
However, the changes in these final rules apply in
all States, including SDM States. They allow SDMs
and other disability examiners to make fully
favorable determinations alone in QDD and
compassionate allowance claims.
4 20 CFR 404.1619 and 416.1019. Our data
demonstrate that the model is working as we
intend. See, for example, ‘‘Good Practices in Social
Security: The Quick Disability Determination (QDD)
and Compassionate Allowances (CAL) Initiatives: A
case of the Social Security Administration,’’
International Social Security Association (ISSA),
2009, available at: https://www.issa.int/aiss/
Observatory/Good-Practices/The-Quick-DisabilityDetermination-QDD-and-CompassionateAllowances-CAL-Initiatives. In that paper, we
reported to ISSA that the processing time for QDD
allowances is about 12 days.
5 20 CFR part 404 subpart P appendix 1, which
also applies to title XVI under 20 CFR 416.925.
6 20 CFR 404.1520(a)(4)(iii) and (d) and
416.920(a)(4)(iii) and (d).
7 See, generally, https://www.socialsecurity.gov/
compassionateallowances/. In October 2008, we
issued an initial list of 50 conditions that we
consider for compassionate allowance. See https://
www.socialsecurity.gov/compassionateallowances/
conditions.htm. We created this list based on input
2 20
E:\FR\FM\13OCR1.SGM
13OCR1
]]>Agencies
[Federal Register Volume 75, Number 197 (Wednesday, October 13, 2010)]
[Rules and Regulations]
[Pages 62675-62676]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25554]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 /
Rules and Regulations
[[Page 62675]]
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 772 and 774
[Docket No. 100413184-0299-01]
RIN 0694-AE91
Wassenaar Arrangement 2009 Plenary Agreements Implementation:
Categories 1, 2, 3, 4, 5 Part I, 6, 7, and 9 of the Commerce Control
List, Definitions, Reports; Correction
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS) published a final
rule in the Federal Register on Tuesday, September 7, 2010 (75 FR
54271) that revised the Export Administration Regulations (EAR) by
amending entries for certain items that are controlled for national
security reasons in Categories 1, 2, 3, 4, 5 Part I
(telecommunications), 6, 7, and 9; adding new entries to the Commerce
Control List; revising reporting requirements; and adding and amending
EAR Definitions. That final rule contained errors that affected Export
Control Classification Numbers (ECCNs) 6A005, 6A008, and 9A001, as well
as the definition of ``energetic materials.'' In addition, that final
rule's preamble erroneously identified ECCN 6E993 as one of the ECCNs
that was revised in the rule's text. This document corrects these
errors.
DATES: Effective Date: This rule is effective: October 13, 2010.
FOR FURTHER INFORMATION CONTACT: For general questions contact Sharron
Cook, Office of Exporter Services, Bureau of Industry and Security,
U.S. Department of Commerce at (202) 482-2440 or by e-mail:
scook@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
On September 7, 2010, the final rule, ``Wassenaar Arrangement 2009
Plenary Agreements Implementation: Categories 1, 2, 3, 4, 5 Part I, 6,
7, and 9 of the Commerce Control List, Definitions, Reports'' was
published in the Federal Register (75 FR 54271). The preamble of the
September 7th rule listed ECCN 6E993 as one of the ECCNs that was
revised, but it was not, in fact, revised by the rule. Through
publication of this rule, BIS is clarifying that ECCN 6E993 was not
revised by the September 7th rule. The September 7th rule also added an
incomplete definition for ``energetic materials'' in section 772.1.
This rule corrects that error by adding the missing text to the
definition.
In the Commerce Control List, the rule did not remove a note after
6A008.f that had been moved to the items paragraph of ECCN 6A008. This
rule removes the note after 6A008.f. Also, the rule listed an incorrect
citation of ``6.A.5.d.1.d'' instead of ``6A005.d.1.d'' in 6A005.d.1.e;
this rule corrects this citation. The rule also included two incomplete
citations in the introductory text of ECCN 9A001.a; this rule replaces
the citations ``.a or .h'' with ``9E003.a or 9E003.h''.
Rulemaking Requirements
1. This final rule has been determined to be not significant for
purposes of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
involves two collections of information subject to the PRA. One of the
collections has been approved by OMB under control number 0694-0088,
``Multi Purpose Application,'' and carries a burden hour estimate of 58
minutes for a manual or electronic submission. The other of the
collections has been approved by OMB under control number 0694-0106,
``Reporting and Recordkeeping Requirements under the Wassenaar
Arrangement,'' and carries a burden hour estimate of 21 minutes for a
manual or electronic submission. Send comments regarding these burden
estimates or any other aspect of these collections of information,
including suggestions for reducing the burden, to OMB Desk Officer, New
Executive Office Building, Washington, DC 20503; and to Jasmeet Seehra,
OMB Desk Officer, by e-mail at Jasmeet_K._Seehra@omb.eop.gov or by
fax to (202) 395-7285; and to the Office of Administration, Bureau of
Industry and Security, Department of Commerce, 14th and Pennsylvania
Avenue, NW., Room 6622, Washington, DC 20230.
3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). The changes
contained in this rule are non-substantive technical corrections of a
previously published rule that has already been exempted from notice
and comment and delay in effective date provisions because the content
of the September 7, 2010 rule involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). The corrections
contained in this final rule are essential to ensuring the accurate and
complete implementation of the September 7th rule.
Further, no other law requires that a notice of proposed rulemaking
and an opportunity for public comment be given for this final rule.
Because a notice of proposed rulemaking and an opportunity for public
comment are not required to be given for this rule under the
Administrative Procedure Act or by any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable. Therefore, this regulation is issued in final form.
Although there is no formal comment period, public comments on this
regulation are welcome on a continuing basis. Comments should be
submitted to Sharron Cook, Office of Exporter Services, Bureau of
Industry and Security, Department of Commerce, 14th and Pennsylvania
Ave., NW., Room 2705, Washington, DC 20230.
[[Page 62676]]
List of Subjects
15 CFR Part 772
Exports.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
0
Accordingly, Parts 772 and 774 of the Export Administration Regulations
(15 CFR Parts 730-774) are amended as follows:
PART 772--[AMENDED]
0
1. The authority citation for Part 772 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
12, 2010, 75 FR 50681 (August 16, 2010).
0
2. Section 772.1 is amended by adding the phrase ``subclasses of
energetic materials.'' to the end of the definition for ``Energetic
materials.''
PART 774--[AMENDED]
0
3. The authority citation for Part 774 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 12, 2010, 75 FR 50681 (August 16, 2010).
0
4. In Supplement No. 1 to Part 774 (the Commerce Control List):
0
a. Category 6 Sensors, ECCN 6A005 is amended by removing the reference
``6.A.5.d.1.d'' and adding in its place ``6A005.d.1.d'' in paragraph
d.1.e in the Items paragraph of the List of Items Controlled section.
0
b. Category 6--Sensors, ECCN 6A008 is amended by removing the Note from
paragraph f in the Items paragraph of the List of Items Controlled
section.
0
c. Category 9, Aerospace and Propulsion, ECCN 9A001 is amended by
revising the introductory text of paragraph (a) in the Items paragraph
of the List of Items Controlled section to read as follows:
Supplement No. 1 to Part 774--The Commerce Control List
* * * * *
9A001 Aero gas turbine engines having any of the following (see
List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
a. Incorporating any of the technologies controlled by 9E003.a
or 9E003.h; or
* * * * *
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2010-25554 Filed 10-12-10; 8:45 am]
BILLING CODE 3510-33-P
