54540 Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Proposed Rules 

TABLE 3—SERVICE BULLETINS—Continued 

Document Date 

Airbus Service Bulletin A330–55–3032 ................................................................................................................................... December 22, 2003. 

Airbus Service Bulletin A340–55–4029 ................................................................................................................................... December 22, 2003. 

Issued in Renton, Washington, on August 

30, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–22275 Filed 9–7–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 742, 744, and 746 

[Docket No. 100719301–0303–02] 

Effects of Foreign Policy-Based Export 

Controls 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Request for comments. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is reviewing the foreign 

policy-based export controls in the 

Export Administration Regulations to 

determine whether they should be 

modified, rescinded or extended. To 

help make these determinations, BIS is 

seeking public comments on how 

existing foreign policy-based export 

controls have affected exporters and the 

general public. 

DATES: Comments must be received by 

October 8, 2010. 

ADDRESSES: Comments may be sent by 

e-mail to publiccomments@bis.doc.gov 

or on paper to Regulatory Policy 

Division, Bureau of Industry and 

Security, Department of Commerce, 

14th Street & Pennsylvania Avenue, 

NW., Room 2705, Washington, DC 

20230. Include the phrase ‘‘FPBEC 

Comment’’ in the subject line of the 

e-mail message or on the envelope if 

submitting comments on paper. All 

comments must be in writing (either 

e-mail or on paper). All comments, 

including Personal Identifying 

Information (e.g., name, address) 

voluntarily submitted by the commenter 

will be a matter of public record and 

will be available for public inspection 

and copying. Do not submit 

Confidential Business Information or 

otherwise sensitive or protected 

information. 

FOR FURTHER INFORMATION CONTACT: 

Director, Foreign Policy Division, Office 

of Nonproliferation Controls and Treaty 

Compliance, Bureau of Industry and 

Security, telephone 202–482–4252. 

Copies of the current Annual Foreign 

Policy Report to the Congress are 

available at http://www.bis.doc.gov/ 

news/2010/2010_fpreport.pdf and 

copies may also be requested by calling 

the Office of Nonproliferation and 

Treaty Compliance at the number listed 

above. 

SUPPLEMENTARY INFORMATION: Foreign 

policy-based controls in the Export 

Administration Regulations (EAR) are 

implemented pursuant to section 6 of 

the Export Administration Act of 1979, 

as amended, (50 U.S.C. app. sections 

2401–2420 (2000)) (EAA). The current 

foreign policy-based export controls 

maintained by the Bureau of Industry 

and Security (BIS) are set forth in the 

EAR (15 CFR parts 730–774), including 

in parts 742 (CCL Based Controls), 744 

(End-User and End-Use Based Controls) 

and 746 (Embargoes and Other Special 

Controls). These controls apply to a 

range of countries, items, activities and 

persons, including: Entities acting 

contrary to the national security or 

foreign policy interests of the United 

States (§ 744.11); certain general 

purpose microprocessors for ‘‘military 

end-uses’’ and ‘‘military end-users’’ 

(§ 744.17); significant items (SI): Hot 

section technology for the development, 

production, or overhaul of commercial 

aircraft engines, components, and 

systems (§ 742.14); encryption items 

(§ 742.15); crime control and detection 

items (§ 742.7); specially designed 

implements of torture (§ 742.11); certain 

firearms and related items based on the 

Organization of American States Model 

Regulations for the Control of the 

International Movement of Firearms, 

their Parts and Components and 

Munitions included within the InterAmerican Convention Against the Illicit 

Manufacturing of and Trafficking in 

Firearms, Ammunition, Explosives, and 

Other Related Materials (§ 742.17); 

regional stability items (§ 742.6); 

equipment and related technical data 

used in the design, development, 

production, or use of certain rocket 

systems and unmanned air vehicles 

(§§ 742.5 and 744.3); chemical 

precursors and biological agents, 

associated equipment, technical data, 

and software related to the production 

of chemical and biological agents 

(§§ 742.2 and 744.4) and various 

chemicals included on the list of those 

chemicals controlled pursuant to the 

Chemical Weapons Convention 

(§ 742.18); nuclear propulsion (§ 744.5); 

aircraft and vessels (§ 744.7); restrictions 

on exports and reexports to certain 

persons designated as proliferators of 

weapons of mass destruction (§ 744.8); 

communication intercepting devices, 

software and technology (§ 742.13); 

embargoed countries (part 746); 

countries designated as supporters of 

acts of international terrorism (§§ 742.8, 

742.9, 742.10, 742.19, 746.2, 746.4, 

746.7, and 746.9); certain entities in 

Russia (§ 744.10); individual terrorists 

and terrorist organizations (§§ 744.12, 

744.13 and 744.14); certain persons 

designated by Executive Order 13315 

(‘‘Blocking Property of the Former Iraqi 

Regime, Its Senior Officials and Their 

Family Members’’) (§ 744.18); certain 

sanctioned entities (§ 744.20); and 

certain cameras to be used by military 

end-users or incorporated into a military 

commodity (§ 744.9). Attention is also 

given in this context to the controls on 

nuclear-related commodities, 

technology, end-uses and end-users 

(§§ 742.3 and 744.2), which are, in part, 

implemented under section 309(c) of the 

Nuclear Non Proliferation Act (42 U.S.C. 

2139a). 

Under the provisions of section 6 of 

the EAA, export controls maintained for 

foreign policy purposes require annual 

extension. Section 6 of the EAA requires 

a report to Congress when foreign 

policy-based export controls are 

extended. The EAA expired on August 

20, 2001. Executive Order 13222 of 

August 17, 2001 (3 CFR, 2001 Comp., 

p. 783 (2002)), which has been extended 

by successive Presidential Notices, the 

most recent being that of Notice of 

August 12, 2010 (75 FR 50681 (August 

16, 2010)), continues the EAR and, to 

the extent permitted by law, the 

provisions of the EAA, in effect under 

the International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706 

(2000)). The Department of Commerce, 

insofar as appropriate, follows the 

provisions of section 6 of the EAA by 

reviewing its foreign policy-based 

export controls, requesting public 

comments on such controls, and 

preparing a report to be submitted to 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Proposed Rules 54541 

Congress. In January 2010, the Secretary 

of Commerce, on the recommendation 

of the Secretary of State, extended for 

one year all foreign policy-based export 

controls then in effect. BIS is now 

soliciting public comment on the effects 

of extending or modifying the existing 

foreign policy-based export controls for 

another year. Among the criteria 

considered in determining whether to 

continue or revise U.S. foreign policybased export controls are the following: 

1. The likelihood that such controls 

will achieve their intended foreign 

policy purposes, in light of other factors, 

including the availability from other 

countries of the goods, software or 

technology proposed for such controls; 

2. Whether the foreign policy 

objective of such controls can be 

achieved through negotiations or other 

alternative means; 

3. The compatibility of the controls 

with the foreign policy objectives of the 

United States and with overall U.S. 

policy toward the country subject to the 

controls; 

4. Whether the reaction of other 

countries to the extension of such 

controls is not likely to render the 

controls ineffective in achieving the 

intended foreign policy objective or be 

counterproductive to U.S. foreign policy 

interests; 

5. The comparative benefits to U.S. 

foreign policy objectives versus the 

effect of the controls on the export 

performance of the United States, the 

competitive position of the United 

States in the international economy, the 

international reputation of the United 

States as a supplier of goods and 

technology; and 

6. The ability of the United States to 

effectively enforce the controls. 

BIS is particularly interested in 

receiving comments on the economic 

impact of proliferation controls. BIS is 

also interested in industry information 

relating to the following: 

1. Information on the effect of foreign 

policy-based export controls on sales of 

U.S. products to third countries (i.e., 

those countries not targeted by 

sanctions), including the views of 

foreign purchasers or prospective 

customers regarding U.S. foreign policybased export controls. 

2. Information on controls maintained 

by U.S. trade partners. For example, to 

what extent do U.S. trade partners have 

similar controls on goods and 

technology on a worldwide basis or to 

specific destinations? 

3. Information on licensing policies or 

practices by our foreign trade partners 

that are similar to U.S. foreign policybased export controls, including license 

review criteria, use of conditions, and 

requirements for pre- and post-shipment 

verifications (preferably supported by 

examples of approvals, denials and 

foreign regulations). 

4. Suggestions for revisions to foreign 

policy-based export controls that would 

bring them more into line with 

multilateral practice. 

5. Comments or suggestions as to 

actions that would make multilateral 

controls more effective. 

6. Information that illustrates the 

effect of foreign policy-based export 

controls on trade or acquisitions by 

intended targets of the controls. 

7. Data or other information on the 

effect of foreign policy-based export 

controls on overall trade at the level of 

individual industrial sectors. 

8. Suggestions as to how to measure 

the effect of foreign policy-based export 

controls on trade. 

9. Information on the use of foreign 

policy-based export controls on targeted 

countries, entities, or individuals. 

BIS is also interested in comments 

relating generally to the extension or 

revision of existing foreign policy-based 

export controls. 

Parties submitting comments are 

asked to be as specific as possible. All 

comments received before the close of 

the comment period will be considered 

by BIS in reviewing the controls and 

developing the report to Congress. 

All comments received in response to 

this notice will be displayed on BIS’s 

Freedom of Information Act (FOIA) Web 

site at http://www.bis.doc.gov/foia. 

Dated: August 30, 2010. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–21955 Filed 9–7–10; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Parts 1 and 31 

[REG–146893–02, REG–115037–00] 

RIN 1545–BJ32 

Treatment of Services Under Section 

482; Allocation of Income and 

Deductions From Intangibles 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Withdrawal of notice of 

proposed rulemaking. 

SUMMARY: This document withdraws 

proposed regulations published in the 

Federal Register on September 10, 2003 

(68 FR 53448), related to the treatment 

of controlled services transactions under 

section 482 and the allocation of income 

from intangibles, in particular with 

respect to contributions by a controlled 

party to the value of an intangible that 

is owned by another controlled party. 

The IRS and Treasury Department are 

withdrawing those proposed regulations 

because they have been superseded. 

FOR FURTHER INFORMATION CONTACT: 

Gregory A. Spring (202) 435–5265 (not 

a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

On September 10, 2003, the Treasury 

Department and the IRS published in 

the Federal Register (68 FR 53448, 

REG–146893–02 and REG–115037–00) 

proposed regulations relating to the 

treatment of controlled services 

transactions and the allocation of 

income from intangible property, in 

particular with respect to contributions 

by a controlled party to the value of 

intangible property owned by another 

controlled party. On August 4, 2006, the 

Treasury Department and the IRS 

published in the Federal Register (71 

FR 44466, TD 9278, REG–146893–02, 

REG–115037–00, and REG–138603–03) 

temporary regulations relating to the 

treatment of controlled services 

transactions, the allocation of income 

from intangible property, and 

stewardship expenses under Treas. Reg. 

§ 1.861–8(e)(4). A notice of proposed 

rulemaking cross-referencing the 

temporary regulations was published in 

the Federal Register on the same day 

(71 FR 44247). Written comments 

responding to the notice of proposed 

rulemaking were received, and a public 

hearing was held on October 27, 2006. 

That notice of proposed rulemaking 

superseded the proposed regulations 

published in the Federal Register on 

September 10, 2003. 

On August 4, 2009, the Treasury 

Department and the IRS published in 

the Federal Register (74 FR 38830, TD 

9456) final regulations that are generally 

consistent with the proposed 

regulations that were published on 

August 4, 2006, in the Federal Register 

(71 FR 44247), and removed the 

corresponding temporary regulations. 

List of Subjects 

26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements. 

26 CFR Part 31 

Employment taxes, Income taxes, 

Penalties, Pensions, Railroad retirement, 

Reporting and recordkeeping 


srobinson on DSKHWCL6B1PROD with PROPOSALS