Simplified Network Application Processing System, On-line Registration and Account Maintenance, 7102-7106 [2011-2760]
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Federal Register / Vol. 76, No. 27 / Wednesday, February 9, 2011 / Rules and Regulations
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
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Is not a ‘‘significant rule’’ under
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, Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
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DEPARTMENT OF COMMERCE
(b) None.
Bureau of Industry and Security
Applicability
(c) This AD applies to Hamilton
Sundstrand model 247F series propellers
with blades part number (P/N) 817370–1,
serial numbers (S/Ns) FR2018, FR2103,
FR2108, FR2109, FR2111, FR2123, FR2183,
FR2187, FR2262, FR2276 through FR2279
inclusive, FR 2398, FR2449 to FR2958
inclusive, FR20010710 to FR20010722
inclusive, and FR20010723RT to
FR20020127RT inclusive, installed. These
propellers are installed on, but not limited to,
ATR–GIE Avions de Transport Regional
ATR72–210 and ATR72–210E airplanes.
Unsafe Condition
(d) This AD results from reports of blades
with corrosion pits in the tulip area of the
blades. We are issuing this AD to prevent
cracks from developing in the tulip area of
the blade, which could result in separation
of the blade and possible loss of airplane
control.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified unless the
actions have already been done.
Removing Blades P/N 817370–1
(f) Remove from service, blades P/N
817370–1, S/Ns FR2018, FR2103, FR2108,
FR2109, FR2111, FR2123, FR2183, FR2187,
FR2262, FR2276 through FR2279, FR2398,
FR2449 to FR2958 inclusive, FR20010710 to
FR20010722 inclusive, and FR20010723RT to
FR20020127RT inclusive, within 30 days
after the effective date of this AD.
Alternative Methods of Compliance
(g) The Manager, Boston Aircraft
Certification Office, has the authority to
approve alternative methods of compliance
for this AD if requested using the procedures
found in 14 CFR 39.19.
Related Information
PART 39—AIRWORTHINESS
DIRECTIVES
§ 39.13
Affected ADs
2011–04–02 Hamilton Sundstrand
Corporation: Amendment 39–16602;
Docket No. FAA–2009–0113; Directorate
Identifier 2008–NE–25–AD.
(h) For more information about this AD,
contact Michael Schwetz, Aerospace
Engineer, Boston Aircraft Certification Office,
FAA, Engine and Propeller Directorate, 12
New England Executive Park, Burlington,
MA 01803; telephone (781) 238–7761; fax
(781) 238–7170; e-mail:
michael.schwetz@faa.gov.
Issued in Burlington, Massachusetts, on
January 31, 2011.
Peter A. White,
Acting Manager, Engine & Propeller
Directorate, Aircraft Certification Service.
[FR Doc. 2011–2758 Filed 2–8–11; 8:45 am]
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[Docket No. 100826397–1059–02]
RIN 0694–AE98
Simplified Network Application
Processing System, On-line
Registration and Account Maintenance
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
The Bureau of Industry and
Security (BIS) amends the Export
Administration Regulations to
implement a mandatory on-line
registration process for obtaining an
account to submit license applications
and similar documents electronically
through SNAP–R. This final rule sets
forth the information that parties
registering on-line are required to
provide to BIS and the duties that
registered parties have with respect to
keeping information in their accounts
current. This rulemaking is consistent
with the goals and principles of
Executive Orders 13563 and 12866,
which are to enhance effectiveness and
efficiency and to promote transparency
and openness in government, and the
Presidential Memorandum on
Regulatory Flexibility, Small Business,
and Job Creation (January 18, 2011).
DATES: Effective date: March 11, 2011.
Compliance dates: Beginning on April
11, 2011, all new SNAP–R registrations
must be made in accordance with this
rule.
Beginning on June 10, 2011 accounts
of filing entities that do not have
account administrators will not be
accessible until an existing individual
user for that entity logs-on to SNAP–R
and registers as account administrator.
Beginning on September 8, 2011 the
accounts of filing entities that do not
have an account administrator will
become inactive. In order to reactivate
the account, filing entities will have to
complete the entire registration process
that applies to new entities.
FOR FURTHER INFORMATION CONTACT:
Thomas W. Andrukonis, Director,
Export Management and Compliance
Division, Office of Exporter Services,
telephone (202) 482–6393, e-mail
tandruko@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Immediate Voluntary Implementation
of On-Line Registration
Beginning on February 9, 2011, BIS
will accept on-line SNAP–R
BILLING CODE 4910–13–P
Effective Date
(a) This AD is effective March 16, 2011.
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registrations from parties who wish to
submit them.
Background
BIS administers an export licensing
program pursuant to the Export
Administration Regulations (EAR). In
connection with this program, BIS
requires most parties to submit license
applications, classification requests,
encryption registrations, License
Exception AGR notifications and foreign
national review requests in connection
with the License Exceptions APP and
CIV (herein ‘‘work items’’) electronically
via BIS’s Simplified Network
Application Processing (SNAP–R)
system. To use SNAP–R, BIS required
filing entities to register for an account
through a paper and facsimile
registration process.
On November 23, 2010, BIS published
a proposed rule with request for
comments entitled ‘‘Simplified Network
Application Processing System, On-line
Registration and Account Maintenance’’
(75 FR 71376) to amend the EAR to
replace the paper and facsimile process
for registering to use SNAP–R with an
on-line account registration and account
maintenance process, and to make
modifications to user accounts in
SNAP–R. In developing this rule, BIS
considered ways to reduce regulatory
burden and provide flexibility, an
approach consistent with Executive
Orders 13563 and 12866 and
Presidential Memorandum on
Regulatory Flexibility, Small Business,
and Job Creation (January 18, 2011).
This rule will eliminate the current and
archaic practice of using a paper and
facsimile based process for obtaining
authorization to submit work items
electronically. It will also reduce the
time between initial submission of
registration information and receipt of
authorization to use the electronic filing
system. Finally, the system will allow
registered filing entities to add or
remove individual users without
waiting for approval from BIS.
The final day of the comment period
on the proposed rule was January 24,
2011. BIS received nine comments on
the proposed rule. Eight of the
commenters expressed approval of the
proposed changes. One commenter
expressed opposition to the proposed
changes. Commenters who expressed
approval mentioned the following
points as benefits of the changes: The
process would be faster than paper
registration; the time needed to add a
new employee to a filing entity’s
account under the paper registration
system caused delays and interruptions
in new employee training; and on-line
registration would free up government
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employee time for other tasks. In
addition, the fact that the new rule
would not require a corporate officer to
sign registration-related documents
would simplify account maintenance
within companies that use the system.
The reasoning of the commenters who
favored the change generally aligns with
BIS’s purposes in proposing this rule,
i.e. reduced time and effort to register
for an on-line submission account,
reduced time and effort to maintain that
account, faster accommodation of
personnel changes in companies that
use the system, and more effective use
of existing resources in both the public
and private sector.
In addition to expressing general
support for the rule, three of the eight
commenters who favored the rule
offered suggestions related to
implementation of the rule or
improvements to the SNAP–R system. A
summary of each suggestion and BIS’s
response is below.
One commenter who favored the
changes proposed by the rule noted that
in some instances paper might be a
submitter’s only option and asked
whether there would be a manual
process in the future.
BIS believes that its existing systems
are adequate to accommodate situations
in which submitting paper is the only
option. This rule addresses the process
of registering with BIS to submit license
applications and other documents to
BIS on-line. This rule does not change
the text of § 748.1(d)(1) of the EAR (15
CFR 748.1(d)(1)), which provides
conditions under which parties may
make those submissions to BIS by
paper. Those circumstances include low
volume (no more than one submission
in the past twelve months) and lack of
access to the Internet. None of those
circumstances requires prior registration
with BIS. In practice, there are very few
submissions made via the paper
submissions process in a given year (ten
paper submissions out of 26,803 total
submissions in calendar year 2010). BIS
believes that because the agency has
procedures in place for accepting paper
submissions, which do not require prior
registration, a separate paper-based
registration process for on-line
submissions via SNAP–R is not needed.
Those parties for whom paper is truly
the only option need not register, online or otherwise.
One commenter, who favored the
changes in the proposed rule, asked that
BIS clarify whether the system would
function automatically, that is, once an
individual end-user designates himself
or herself on-line as an account
administrator, would the system
immediately accept the action and
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generate a response or would BIS review
the information and respond later. If the
response would be later, this commenter
asked that BIS state the estimated timeframe for a response.
When an individual user registers as
the account administrator for a filing
entity, all individual users for that filing
entity will be notified by an
automatically generated e-mail at the
e-mail address currently recorded for
those individual users in the SNAP–R
system. All but two of the account
administrator’s capabilities will be
immediately available to the new
account administrator. There will be a
two week delay before the new account
administrator will be able to reset
individual user passwords or change
individual user e-mail addresses. BIS
intends that the combination of e-mail
notification to all individual users of the
filing entity and the two week delay in
implementing these two functions will
provide a safeguard to prevent
individual users who are not authorized
by the filing entity to be the account
administrator from doing so. During the
two week period, the filing entity could
contact BIS to notify the agency that the
person claiming to be the account
administrator is not authorized to do so.
If BIS receives no notice during the two
week period, the two delayed account
administrator functions would become
active automatically.
One commenter stated that it
supported the changes in the proposed
rule but offered one recommendation
concerning SNAP–R and one comment
concerning the process for making the
transition from the paper based
registration and account maintenance
system to the on-line registration and
account maintenance system. This
commenter suggested that SNAP–R be
further revised to allow first party
account administrators to authorize
access under a third party filer’s
company identification number. The
commenter noted that such a change
would allow greater flexibility to parties
who wish to authorize third parties to
submit on their behalf and for the first
and third parties to collaborate on
submissions. The commenter suggested
that changes to SNAP–R concerning the
relationship between first and third
parties would require additional
software development but likely could
be accomplished without amending the
EAR.
The EAR does not designate certain
filers as first parties and others as third
parties although the paper-based SNAP–
R registration procedure does make this
distinction. For this reason, BIS concurs
that regulatory amendment is not
necessarily required to implement
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changes to make the SNAP–R system
more useful in situations in which an
agent submits license applications or
other documents on behalf of a
principal. However, such changes
would require further software
development. Moreover, BIS would
want to take steps to assure itself that
any such changes would be useful to
more than one party and that the
changes would not undermine the
integrity and security of the on-line
submission system. Therefore, BIS is
making no changes to the proposed rule
in response to this comment, but will
continue to look for ways to improve
SNAP–R irrespective of whether the
improvements would require regulatory
change.
This commenter also noted that BIS’s
plan, to inactivate SNAP–R accounts of
the filing entities for which no
individual user who has logged-in and
registered as that entity’s company
administrator within the first 180 days
of the effective date, could cause
accounts of infrequent users to be
inactivated. The commenter stated that
if BIS intends to shut down accounts
that have not been updated, it should
notify the account holder directly and
advise it of the need to take action.
BIS proposed to inactivate those
accounts that do not have a registered
account administrator beginning on the
181st day after the effective date of the
rule for two reasons. First, a large
number of SNAP–R accounts have not
been used in years and may have been
established for companies that no longer
export or that no longer exist. BIS needs
to make such accounts inactive to
promote efficient operation of the
SNAP–R system. Second, BIS needs to
complete the transition from a paper
based registration and account
maintenance system to an on-line
system within a reasonable and certain
period of time. Assuring that all active
accounts have account administrators is
integral to an effective on-line system.
In addition, BIS notes that because the
effective date of this rule will be 30 days
after publication, the deactivation of
accounts will actually take place 211
days after publication of the rule. That
said, BIS recognizes that not all parties
who need to use the system are frequent
users. BIS plans to publicize the
transition to the on-line registration
system and the deadlines for existing
SNAP–R users to designate account
administrators through the on-line
process through a variety of ways
including: Sending e-mail notices to
user e-mail addresses that are in the
SNAP–R system; sending e-mail
notifications to parties who subscribe to
BIS’s listserv service; Web site postings;
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and announcements at BIS outreach
events. Finally, BIS notes that the only
burden to a filing entity for failing to
have a registered account administrator
by the deadline is that the filing entity
will have to complete the registration
process on-line as if it were a new user
of the system. That registration process
will consist of providing basic
identifying information and certifying
that it understands that it will be
submitting documents to the
government electronically and agrees to
the terms for doing so.
One commenter expressed opposition
to the procedures in the proposed rule.
That commenter noted that new SNAP
users can be added via the existing
process and stated that the proposed
changes would waste the users’ and BIS’
time. BIS recognizes that filing entities
will need additional time to designate
account administrators. However, BIS
believes that over time, the time savings
of allowing filing entities to manage
their own accounts will exceed any time
invested in designating account
administrators. Those time savings will
include elimination of the time spent
while requests for changes are sent to
BIS and responses are returned to the
requester. BIS notes that most
commenters recognized the net time
savings and favored the proposal.
Accordingly BIS is making no changes
to the text of the proposed rule in this
final rule.
How the SNAP–R on-line registration
process will work.
Organizations or individuals who
submit work items are referred to in
revised § 748.7 of the EAR as ‘‘filing
entities.’’ Individuals who act on behalf
of filing entities are referred to as
‘‘individual users.’’ For each filing
entity, at least one individual user must
act as an ‘‘account administrator.’’ An
account administrator is able to submit
work items on behalf of his or her filing
entity and has additional
responsibilities within the on-line
registration system.
An account administrator can add and
remove individual users to or from the
account of his or her filing entity. The
account administrator can also
designate other individual users who
are authorized to act on behalf of the
same filing entity as account
administrators or can terminate an
individual user’s account administrator
status. The account administrator can
deactivate the account of an individual
user and reactivate the account of a
previously deactivated individual user.
The account administrator can update
the filing entity’s identifying
information, such as name and address,
and any individual user’s identifying
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information, such as name and
telephone number. The account
administrator can also reset an
individual user’s password.
BIS expects under this revised system,
account administrators for filing entities
will handle routine changes to the filing
entity’s accounts and BIS personnel will
become involved only if necessary to
protect a government interest, such as
preventing misuse of the SNAP–R
system, or if necessary to assist someone
attempting to register on-line or
administer an account.
Immediate acceptance of on-line
registration for parties who wish to use
it.
Beginning on February 9, 2011, BIS
will accept on-line registrations for both
filing entities and account
administrators from parties who wish to
submit them.
Deadline for new filing entities to use
electronic registration.
Beginning on April 11, 2011, the online registration process will be
mandatory for all new registrants. Until
that date, new registrants can register
via paper if they wish to do so.
Requirement to designate an account
administrator at the time of registration.
A person registering on-line for a
filing entity that does not have a SNAP–
R account will be required to enter all
of the identifying information for the
filing entity including a certification
that the person is authorized to register
the filing entity and to act as account
administrator for the filing entity as well
as his or her own identifying
information. That person will become
the initial account administrator for that
filing entity.
Deadlines for designating an account
administrator if the filing entity is not
registered electronically.
Filing entities that are registered to
use SNAP–R on the effective date of the
final rule and filing entities that elect to
use the paper and facsimile based
registration process prior to April 11,
2011 will be required to designate an
account administrator as described
below.
Prior to June 10, 2011, any individual
user who is authorized to submit work
items on behalf of a filing entity will be
able to continue to access SNAP–R,
submit new work items and perform any
necessary tasks in connection with
pending work items. In addition, the
first such individual user who
designates himself or herself as the
account administrator will be required
to certify that he or she is authorized to
act as account administrator and will
become the initial account
administrator. BIS will inform via email all other individual users who are
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authorized to act for that filing entity of
the identity of the newly designated
account administrator.
On or after June 10, 2011, but before
September 8, 2011, an individual user
from a filing entity that does not have
at least one account administrator will
be able to access the SNAP–R system
only: (1) For the purpose of designating
himself or herself as account
administrator for that filing entity and
(2) certifying that he or she is authorized
to act as account administrator. As soon
as one individual user is designated as
the account administrator, that
individual user as well as all of the
other individual users from that filing
entity will regain full SNAP–R access.
Beginning on September 8, 2011, all
filing entity accounts for which no
account administrator has been
designated will become inactive. To use
the account for any purpose, an
individual will have to log on to the
SNAP–R Web site and furnish all of the
information that would be required to
register as a new filing entity.
Rulemaking Requirements
1. This rule has been determined to be
not significant for purposes of E.O.
12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to, nor is subject to a penalty
for failure to comply with, a collection
of information, subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This regulation
contains a collection previously
approved by OMB under control
number 0694–0096. BIS believes that
this rule will not materially affect the
burden imposed by that collection. Send
comments regarding these burden
estimates or any other aspect of these
collections of information, including
suggestions for reducing the burden, to
Jasmeet Seehra, Office of Management
and Budget (OMB), by e-mail to
jseehra@omb.eop.gov, or by fax to (202)
395–7285; and to the Regulatory Policy
Division, Bureau of Industry and
Security, Department of Commerce,
Room 2705, 14th Street and
Pennsylvania Ave., NW., Washington,
DC 20230.
3. This rule does not contain policies
with Federalism implications as that
term is defined under E.O. 13132.
4. The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that the
proposed rule, if adopted in final form,
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would not have a significant economic
impact on a substantial number of small
entities. The basis for that certification
was published in the preamble to the
proposed rule and is not repeated here.
BIS received no comments regarding the
certification. As a result, a final
regulatory flexibility analysis is not
required and one has not been prepared.
List of Subjects in 15 CFR Part 748
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
Accordingly, the Export
Administration Regulations (15 CFR
parts 730–774) are amended as follows:
PART 748—APPLICATIONS
(CLASSIFICATION, ADVISORY, AND
LICENSE) AND DOCUMENTATION
1. The authority citation for part 748
continues to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767,
3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 12, 2010, 75 FR 50681 (August 16,
2010).
2. Section 748.7 is revised to read as
follows:
■
§ 748.7 Registering for electronic
submission of license applications and
related documents.
(a) Scope. This section describes the
procedures for registering to submit
electronic documents to BIS. The
procedures in this section apply to
submission of export and reexport
license applications (other than Special
Comprehensive Licenses and Special
Iraq Reconstruction Licenses),
classification requests, encryption
registrations, License Exception AGR
notifications and foreign national
review requests under License
Exceptions APP or CIV.
(b) Registration and use of BIS’s
Simplified Network Applications
System—Redesign (SNAP–R). Parties
wishing to submit electronically must
log on to https://snapr.bis.doc.gov/
registration to register. Upon initial
registration, the party (the filing entity)
will have to supply the name of the
entity that will be submitting
documents electronically and its
address and the name, telephone
number, facsimile number and e-mail
address of the person who will act as
account administrator. The person will
be required to certify that the
information so supplied is correct and
complete, that the person has authority
to register the entity that will be making
electronic submissions and that the
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person has authority to act as an
account administrator for that entity.
(c) Role of account administrator. The
account administrator is able to add and
remove individual users to and from the
account of the filing entity for which it
is the account administrator. The
account administrator can also make
individual users account administrators
and can terminate an individual user’s
administrator status. The account
administrator can deactivate the account
of an individual user and reactivate the
account of a previously deactivated
individual user. The account
administrator can update the filing
entity’s identifying information such as
name and address and any individual
user’s identifying information such as
name, telephone number, facsimile
number and e-mail address. The
account administrator can reset
individual users’ passwords.
(d) Role of individual users. An
individual user may submit to BIS
export and reexport license applications
(other than Special Comprehensive
Licenses and Special Iraq
Reconstruction Licenses), classification
requests, encryption registrations,
License Exception AGR notifications
and foreign national review requests
under License Exceptions APP or CIV.
(e) Effect of submission to BIS. BIS
may refuse to accept an electronic
submission if it has reason to believe
that the individual user making the
submission lacks authority to do so.
However, BIS is not obligated to
conduct any checks to determine
whether an individual user has the
necessary authority and will generally
treat users as acting within their
authority. Acting through their account
administrators, parties have the ability
to remove an individual user when that
individual user is no longer authorized
to make submissions on behalf of that
party to BIS and should do so promptly.
(f) Requirement to keep identifying
information accurate and current.
(1) Filing entities. Filing entities must,
through their account administrators,
update their identifying information
such as name, address and telephone
number in their SNAP–R account as
necessary to keep that information
accurate and current.
(2) Individual users. Individual users
must, through their account
administrators, update their identifying
information such as name, telephone
number, facsimile number and e-mail
address in their SNAP–R accounts as
necessary to keep that information
accurate and current.
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Dated: February 3, 2011.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2011–2760 Filed 2–8–11; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 573
[Docket No. FDA–2009–F–0525]
Food Additives Permitted in Feed and
Drinking Water of Animals; Formic
Acid
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
The Food and Drug
Administration (FDA) is amending the
regulations for food additives permitted
in feed and drinking water of animals to
provide for the safe use of formic acid
as an acidifying agent in swine feed.
This action is in response to a food
additive petition filed by Kemira Oyj of
Finland.
DATES: This rule is effective February 9,
2011. Submit either electronic or
written objections and requests for a
hearing by March 11, 2011. See section
V of this document for information on
the filing of objections.
ADDRESSES: You may submit either
electronic or written objections and a
request for a hearing, identified by
Docket No. FDA–2009–F–0525, by any
of the following methods:
SUMMARY:
Electronic Submissions
Submit electronic objections in the
following ways:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
erowe on DSK5CLS3C1PROD with RULES
Written Submissions
Submit written objections in the
following ways:
Fax: 301–827–6870.
Mail/Hand delivery/Courier (For
paper, disk, or CD–ROM submissions):
Division of Dockets Management (HFA–
305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville,
MD 20852.
Instructions: All submissions received
must include the Agency name and
Docket No. FDA–2009–F–0525 for this
rulemaking. All objections received will
be posted without change to https://
www.regulations.gov, including any
VerDate Mar<15>2010
14:20 Feb 08, 2011
Jkt 223001
personal information provided. For
additional information on submitting
objections, see the ‘‘Objections’’ heading
of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to
read background documents or
objections received, go to https://
www.regulations.gov and insert the
docket number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Division of Dockets
Management, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Isabel W. Pocurull, Center for Veterinary
Medicine (HFV–226), Food and Drug
Administration, 7519 Standish Pl.,
Rockville, MD 20855, 240–453–6853,
e-mail: isabel.pocurull@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In a notice published in the Federal
Register of December 7, 2009 (74 FR
64091), FDA announced that a food
additive petition (animal use) (FAP
2262) had been filed by Kemira Oyj,
Porkkalantatu 3, P.O. Box 330, 001000
Helsinki, Finland. The petition
proposed to amend the food additive
regulations to provide for the safe use of
formic acid as an acidifying agent at
levels not to exceed 1.2 percent in swine
feed. The notice of filing provided for a
30-day comment period on the
petitioner’s environmental assessment.
One comment was received that was not
substantive.
II. Conclusion
FDA concludes that the data establish
the safety and utility of formic acid for
use as proposed with modification and
that the food additive regulations
should be amended as set forth in this
document.
III. Public Disclosure
In accordance with § 571.1(h) (21 CFR
571.1(h)), the petition and the
documents that FDA considered and
relied upon in reaching its decision to
approve the petition are available for
inspection at the Center for Veterinary
Medicine by appointment with the
information contact person (see FOR
FURTHER INFORMATION CONTACT). As
provided in § 571.1(h), the Agency will
delete from the documents materials
that are not available for public
disclosure before making the documents
available for inspection.
IV. Environmental Impact
The Agency has determined under 21
CFR 25.32(r) that this action is of a type
that does not individually or
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
V. Objections and Hearing Requests
Any person who will be adversely
affected by this regulation may file with
the Division of Dockets Management
(see ADDRESSES) either electronic or
written objections (see DATES). Each
objection shall be separately numbered,
and each numbered objection shall
specify with particularity the provision
of the regulation to which objection is
made and the grounds for the objection.
Each numbered objection on which a
hearing is requested shall specifically so
state. Failure to request a hearing for
any particular objection shall constitute
a waiver of the right to a hearing on that
objection. Each numbered objection for
which a hearing is requested shall
include a detailed description and
analysis of the specific factual
information intended to be presented in
support of the objection in the event
that a hearing is held. Failure to include
such a description and analysis for any
particular objection shall constitute a
waiver of the right to a hearing on the
objection. It is only necessary to send
one set of documents. It is no longer
necessary to send three copies of all
documents. Identify documents with the
docket number found in brackets in the
heading of this document. Any
objections received in response to the
regulation may be seen in the Division
of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday.
List of Subjects in 21 CFR Part 573
Animal feeds, Food additives.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 573 is amended as follows:
PART 573—FOOD ADDITIVES
PERMITTED IN FEED AND DRINKING
WATER OF ANIMALS
1. The authority citation for 21 CFR
part 573 continues to read as follows:
■
Authority: 21 U.S.C. 321, 342, 348.
■
2. Revise § 573.480 to read as follows:
§ 573.480
Formic acid.
The food additive, formic acid, may
be safely used in accordance with the
following conditions:
(a) The additive is used as a
preservative in hay crop silage in an
amount not to exceed 2.25 percent of
E:\FR\FM\09FER1.SGM
09FER1
]]>Agencies
[Federal Register Volume 76, Number 27 (Wednesday, February 9, 2011)]
[Rules and Regulations]
[Pages 7102-7106]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2760]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 100826397-1059-02]
RIN 0694-AE98
Simplified Network Application Processing System, On-line
Registration and Account Maintenance
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS) amends the Export
Administration Regulations to implement a mandatory on-line
registration process for obtaining an account to submit license
applications and similar documents electronically through SNAP-R. This
final rule sets forth the information that parties registering on-line
are required to provide to BIS and the duties that registered parties
have with respect to keeping information in their accounts current.
This rulemaking is consistent with the goals and principles of
Executive Orders 13563 and 12866, which are to enhance effectiveness
and efficiency and to promote transparency and openness in government,
and the Presidential Memorandum on Regulatory Flexibility, Small
Business, and Job Creation (January 18, 2011).
DATES: Effective date: March 11, 2011.
Compliance dates: Beginning on April 11, 2011, all new SNAP-R
registrations must be made in accordance with this rule.
Beginning on June 10, 2011 accounts of filing entities that do not
have account administrators will not be accessible until an existing
individual user for that entity logs-on to SNAP-R and registers as
account administrator.
Beginning on September 8, 2011 the accounts of filing entities that
do not have an account administrator will become inactive. In order to
reactivate the account, filing entities will have to complete the
entire registration process that applies to new entities.
FOR FURTHER INFORMATION CONTACT: Thomas W. Andrukonis, Director, Export
Management and Compliance Division, Office of Exporter Services,
telephone (202) 482-6393, e-mail tandruko@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Immediate Voluntary Implementation of On-Line Registration
Beginning on February 9, 2011, BIS will accept on-line SNAP-R
[[Page 7103]]
registrations from parties who wish to submit them.
Background
BIS administers an export licensing program pursuant to the Export
Administration Regulations (EAR). In connection with this program, BIS
requires most parties to submit license applications, classification
requests, encryption registrations, License Exception AGR notifications
and foreign national review requests in connection with the License
Exceptions APP and CIV (herein ``work items'') electronically via BIS's
Simplified Network Application Processing (SNAP-R) system. To use SNAP-
R, BIS required filing entities to register for an account through a
paper and facsimile registration process.
On November 23, 2010, BIS published a proposed rule with request
for comments entitled ``Simplified Network Application Processing
System, On-line Registration and Account Maintenance'' (75 FR 71376) to
amend the EAR to replace the paper and facsimile process for
registering to use SNAP-R with an on-line account registration and
account maintenance process, and to make modifications to user accounts
in SNAP-R. In developing this rule, BIS considered ways to reduce
regulatory burden and provide flexibility, an approach consistent with
Executive Orders 13563 and 12866 and Presidential Memorandum on
Regulatory Flexibility, Small Business, and Job Creation (January 18,
2011). This rule will eliminate the current and archaic practice of
using a paper and facsimile based process for obtaining authorization
to submit work items electronically. It will also reduce the time
between initial submission of registration information and receipt of
authorization to use the electronic filing system. Finally, the system
will allow registered filing entities to add or remove individual users
without waiting for approval from BIS.
The final day of the comment period on the proposed rule was
January 24, 2011. BIS received nine comments on the proposed rule.
Eight of the commenters expressed approval of the proposed changes. One
commenter expressed opposition to the proposed changes. Commenters who
expressed approval mentioned the following points as benefits of the
changes: The process would be faster than paper registration; the time
needed to add a new employee to a filing entity's account under the
paper registration system caused delays and interruptions in new
employee training; and on-line registration would free up government
employee time for other tasks. In addition, the fact that the new rule
would not require a corporate officer to sign registration-related
documents would simplify account maintenance within companies that use
the system.
The reasoning of the commenters who favored the change generally
aligns with BIS's purposes in proposing this rule, i.e. reduced time
and effort to register for an on-line submission account, reduced time
and effort to maintain that account, faster accommodation of personnel
changes in companies that use the system, and more effective use of
existing resources in both the public and private sector.
In addition to expressing general support for the rule, three of
the eight commenters who favored the rule offered suggestions related
to implementation of the rule or improvements to the SNAP-R system. A
summary of each suggestion and BIS's response is below.
One commenter who favored the changes proposed by the rule noted
that in some instances paper might be a submitter's only option and
asked whether there would be a manual process in the future.
BIS believes that its existing systems are adequate to accommodate
situations in which submitting paper is the only option. This rule
addresses the process of registering with BIS to submit license
applications and other documents to BIS on-line. This rule does not
change the text of Sec. 748.1(d)(1) of the EAR (15 CFR 748.1(d)(1)),
which provides conditions under which parties may make those
submissions to BIS by paper. Those circumstances include low volume (no
more than one submission in the past twelve months) and lack of access
to the Internet. None of those circumstances requires prior
registration with BIS. In practice, there are very few submissions made
via the paper submissions process in a given year (ten paper
submissions out of 26,803 total submissions in calendar year 2010). BIS
believes that because the agency has procedures in place for accepting
paper submissions, which do not require prior registration, a separate
paper-based registration process for on-line submissions via SNAP-R is
not needed. Those parties for whom paper is truly the only option need
not register, on-line or otherwise.
One commenter, who favored the changes in the proposed rule, asked
that BIS clarify whether the system would function automatically, that
is, once an individual end-user designates himself or herself on-line
as an account administrator, would the system immediately accept the
action and generate a response or would BIS review the information and
respond later. If the response would be later, this commenter asked
that BIS state the estimated time-frame for a response.
When an individual user registers as the account administrator for
a filing entity, all individual users for that filing entity will be
notified by an automatically generated e-mail at the e-mail address
currently recorded for those individual users in the SNAP-R system. All
but two of the account administrator's capabilities will be immediately
available to the new account administrator. There will be a two week
delay before the new account administrator will be able to reset
individual user passwords or change individual user e-mail addresses.
BIS intends that the combination of e-mail notification to all
individual users of the filing entity and the two week delay in
implementing these two functions will provide a safeguard to prevent
individual users who are not authorized by the filing entity to be the
account administrator from doing so. During the two week period, the
filing entity could contact BIS to notify the agency that the person
claiming to be the account administrator is not authorized to do so. If
BIS receives no notice during the two week period, the two delayed
account administrator functions would become active automatically.
One commenter stated that it supported the changes in the proposed
rule but offered one recommendation concerning SNAP-R and one comment
concerning the process for making the transition from the paper based
registration and account maintenance system to the on-line registration
and account maintenance system. This commenter suggested that SNAP-R be
further revised to allow first party account administrators to
authorize access under a third party filer's company identification
number. The commenter noted that such a change would allow greater
flexibility to parties who wish to authorize third parties to submit on
their behalf and for the first and third parties to collaborate on
submissions. The commenter suggested that changes to SNAP-R concerning
the relationship between first and third parties would require
additional software development but likely could be accomplished
without amending the EAR.
The EAR does not designate certain filers as first parties and
others as third parties although the paper-based SNAP-R registration
procedure does make this distinction. For this reason, BIS concurs that
regulatory amendment is not necessarily required to implement
[[Page 7104]]
changes to make the SNAP-R system more useful in situations in which an
agent submits license applications or other documents on behalf of a
principal. However, such changes would require further software
development. Moreover, BIS would want to take steps to assure itself
that any such changes would be useful to more than one party and that
the changes would not undermine the integrity and security of the on-
line submission system. Therefore, BIS is making no changes to the
proposed rule in response to this comment, but will continue to look
for ways to improve SNAP-R irrespective of whether the improvements
would require regulatory change.
This commenter also noted that BIS's plan, to inactivate SNAP-R
accounts of the filing entities for which no individual user who has
logged-in and registered as that entity's company administrator within
the first 180 days of the effective date, could cause accounts of
infrequent users to be inactivated. The commenter stated that if BIS
intends to shut down accounts that have not been updated, it should
notify the account holder directly and advise it of the need to take
action.
BIS proposed to inactivate those accounts that do not have a
registered account administrator beginning on the 181st day after the
effective date of the rule for two reasons. First, a large number of
SNAP-R accounts have not been used in years and may have been
established for companies that no longer export or that no longer
exist. BIS needs to make such accounts inactive to promote efficient
operation of the SNAP-R system. Second, BIS needs to complete the
transition from a paper based registration and account maintenance
system to an on-line system within a reasonable and certain period of
time. Assuring that all active accounts have account administrators is
integral to an effective on-line system. In addition, BIS notes that
because the effective date of this rule will be 30 days after
publication, the deactivation of accounts will actually take place 211
days after publication of the rule. That said, BIS recognizes that not
all parties who need to use the system are frequent users. BIS plans to
publicize the transition to the on-line registration system and the
deadlines for existing SNAP-R users to designate account administrators
through the on-line process through a variety of ways including:
Sending e-mail notices to user e-mail addresses that are in the SNAP-R
system; sending e-mail notifications to parties who subscribe to BIS's
listserv service; Web site postings; and announcements at BIS outreach
events. Finally, BIS notes that the only burden to a filing entity for
failing to have a registered account administrator by the deadline is
that the filing entity will have to complete the registration process
on-line as if it were a new user of the system. That registration
process will consist of providing basic identifying information and
certifying that it understands that it will be submitting documents to
the government electronically and agrees to the terms for doing so.
One commenter expressed opposition to the procedures in the
proposed rule. That commenter noted that new SNAP users can be added
via the existing process and stated that the proposed changes would
waste the users' and BIS' time. BIS recognizes that filing entities
will need additional time to designate account administrators. However,
BIS believes that over time, the time savings of allowing filing
entities to manage their own accounts will exceed any time invested in
designating account administrators. Those time savings will include
elimination of the time spent while requests for changes are sent to
BIS and responses are returned to the requester. BIS notes that most
commenters recognized the net time savings and favored the proposal.
Accordingly BIS is making no changes to the text of the proposed
rule in this final rule.
How the SNAP-R on-line registration process will work.
Organizations or individuals who submit work items are referred to
in revised Sec. 748.7 of the EAR as ``filing entities.'' Individuals
who act on behalf of filing entities are referred to as ``individual
users.'' For each filing entity, at least one individual user must act
as an ``account administrator.'' An account administrator is able to
submit work items on behalf of his or her filing entity and has
additional responsibilities within the on-line registration system.
An account administrator can add and remove individual users to or
from the account of his or her filing entity. The account administrator
can also designate other individual users who are authorized to act on
behalf of the same filing entity as account administrators or can
terminate an individual user's account administrator status. The
account administrator can deactivate the account of an individual user
and reactivate the account of a previously deactivated individual user.
The account administrator can update the filing entity's identifying
information, such as name and address, and any individual user's
identifying information, such as name and telephone number. The account
administrator can also reset an individual user's password.
BIS expects under this revised system, account administrators for
filing entities will handle routine changes to the filing entity's
accounts and BIS personnel will become involved only if necessary to
protect a government interest, such as preventing misuse of the SNAP-R
system, or if necessary to assist someone attempting to register on-
line or administer an account.
Immediate acceptance of on-line registration for parties who wish
to use it.
Beginning on February 9, 2011, BIS will accept on-line
registrations for both filing entities and account administrators from
parties who wish to submit them.
Deadline for new filing entities to use electronic registration.
Beginning on April 11, 2011, the on-line registration process will
be mandatory for all new registrants. Until that date, new registrants
can register via paper if they wish to do so.
Requirement to designate an account administrator at the time of
registration.
A person registering on-line for a filing entity that does not have
a SNAP-R account will be required to enter all of the identifying
information for the filing entity including a certification that the
person is authorized to register the filing entity and to act as
account administrator for the filing entity as well as his or her own
identifying information. That person will become the initial account
administrator for that filing entity.
Deadlines for designating an account administrator if the filing
entity is not registered electronically.
Filing entities that are registered to use SNAP-R on the effective
date of the final rule and filing entities that elect to use the paper
and facsimile based registration process prior to April 11, 2011 will
be required to designate an account administrator as described below.
Prior to June 10, 2011, any individual user who is authorized to
submit work items on behalf of a filing entity will be able to continue
to access SNAP-R, submit new work items and perform any necessary tasks
in connection with pending work items. In addition, the first such
individual user who designates himself or herself as the account
administrator will be required to certify that he or she is authorized
to act as account administrator and will become the initial account
administrator. BIS will inform via e-mail all other individual users
who are
[[Page 7105]]
authorized to act for that filing entity of the identity of the newly
designated account administrator.
On or after June 10, 2011, but before September 8, 2011, an
individual user from a filing entity that does not have at least one
account administrator will be able to access the SNAP-R system only:
(1) For the purpose of designating himself or herself as account
administrator for that filing entity and (2) certifying that he or she
is authorized to act as account administrator. As soon as one
individual user is designated as the account administrator, that
individual user as well as all of the other individual users from that
filing entity will regain full SNAP-R access.
Beginning on September 8, 2011, all filing entity accounts for
which no account administrator has been designated will become
inactive. To use the account for any purpose, an individual will have
to log on to the SNAP-R Web site and furnish all of the information
that would be required to register as a new filing entity.
Rulemaking Requirements
1. This rule has been determined to be not significant for purposes
of E.O. 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor is subject to a penalty for failure to
comply with, a collection of information, subject to the requirements
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation contains
a collection previously approved by OMB under control number 0694-0096.
BIS believes that this rule will not materially affect the burden
imposed by that collection. Send comments regarding these burden
estimates or any other aspect of these collections of information,
including suggestions for reducing the burden, to Jasmeet Seehra,
Office of Management and Budget (OMB), by e-mail to
jseehra@omb.eop.gov, or by fax to (202) 395-7285; and to the Regulatory
Policy Division, Bureau of Industry and Security, Department of
Commerce, Room 2705, 14th Street and Pennsylvania Ave., NW.,
Washington, DC 20230.
3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
4. The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that the proposed rule, if adopted in final form, would
not have a significant economic impact on a substantial number of small
entities. The basis for that certification was published in the
preamble to the proposed rule and is not repeated here. BIS received no
comments regarding the certification. As a result, a final regulatory
flexibility analysis is not required and one has not been prepared.
List of Subjects in 15 CFR Part 748
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
Accordingly, the Export Administration Regulations (15 CFR parts
730-774) are amended as follows:
PART 748--APPLICATIONS (CLASSIFICATION, ADVISORY, AND LICENSE) AND
DOCUMENTATION
0
1. The authority citation for part 748 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 12, 2010, 75
FR 50681 (August 16, 2010).
0
2. Section 748.7 is revised to read as follows:
Sec. 748.7 Registering for electronic submission of license
applications and related documents.
(a) Scope. This section describes the procedures for registering to
submit electronic documents to BIS. The procedures in this section
apply to submission of export and reexport license applications (other
than Special Comprehensive Licenses and Special Iraq Reconstruction
Licenses), classification requests, encryption registrations, License
Exception AGR notifications and foreign national review requests under
License Exceptions APP or CIV.
(b) Registration and use of BIS's Simplified Network Applications
System--Redesign (SNAP-R). Parties wishing to submit electronically
must log on to https://snapr.bis.doc.gov/registration to register. Upon
initial registration, the party (the filing entity) will have to supply
the name of the entity that will be submitting documents electronically
and its address and the name, telephone number, facsimile number and e-
mail address of the person who will act as account administrator. The
person will be required to certify that the information so supplied is
correct and complete, that the person has authority to register the
entity that will be making electronic submissions and that the person
has authority to act as an account administrator for that entity.
(c) Role of account administrator. The account administrator is
able to add and remove individual users to and from the account of the
filing entity for which it is the account administrator. The account
administrator can also make individual users account administrators and
can terminate an individual user's administrator status. The account
administrator can deactivate the account of an individual user and
reactivate the account of a previously deactivated individual user. The
account administrator can update the filing entity's identifying
information such as name and address and any individual user's
identifying information such as name, telephone number, facsimile
number and e-mail address. The account administrator can reset
individual users' passwords.
(d) Role of individual users. An individual user may submit to BIS
export and reexport license applications (other than Special
Comprehensive Licenses and Special Iraq Reconstruction Licenses),
classification requests, encryption registrations, License Exception
AGR notifications and foreign national review requests under License
Exceptions APP or CIV.
(e) Effect of submission to BIS. BIS may refuse to accept an
electronic submission if it has reason to believe that the individual
user making the submission lacks authority to do so. However, BIS is
not obligated to conduct any checks to determine whether an individual
user has the necessary authority and will generally treat users as
acting within their authority. Acting through their account
administrators, parties have the ability to remove an individual user
when that individual user is no longer authorized to make submissions
on behalf of that party to BIS and should do so promptly.
(f) Requirement to keep identifying information accurate and
current.
(1) Filing entities. Filing entities must, through their account
administrators, update their identifying information such as name,
address and telephone number in their SNAP-R account as necessary to
keep that information accurate and current.
(2) Individual users. Individual users must, through their account
administrators, update their identifying information such as name,
telephone number, facsimile number and e-mail address in their SNAP-R
accounts as necessary to keep that information accurate and current.
[[Page 7106]]
Dated: February 3, 2011.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2011-2760 Filed 2-8-11; 8:45 am]
BILLING CODE 3510-33-P
