20520 Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Rules and Regulations 

Authority: 49 U.S.C. 106(g), 40113 and 

44701; 14 CFR 21.16 and 21.17; and 14 CFR 

11.38 and 11.19. 

The Special Conditions 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the following special 

conditions are issued as part of the type 

certification basis for Cirrus Design 

Corporation model SF50 airplanes. 

1. Electronic Engine Control 

The installation of the electronic 

engine control system must comply 

with the requirements of 14 CFR 

23.1309(a) through (e) at Amendment 

23–49. The intent of this requirement is 

not to reevaluate the inherent hardware 

reliability of the control itself, but rather 

determine the effects, including 

environmental effects addressed in 14 

CFR 23.1309(e), on the airplane systems 

and engine control system when 

installing the control on the airplane. 

When appropriate, engine certification 

data may be used when showing 

compliance with this requirement; 

however, the effects of the installation 

on this data must be addressed. 

For these evaluations, the loss of 

FADEC control will be analyzed 

utilizing the threat levels associated 

with a catastrophic failure. 

Issued in Kansas City, Missouri, on April 

12, 2010. 

Steve Thompson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–9027 Filed 4–19–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 772 and 774 

[Docket No. 0912031426–0047–01] 

RIN 0694–AE79 

Revisions to the Export Administration 

Regulations Based on the 2009 Missile 

Technology Control Regime Plenary 

Agreements 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is amending the Export 

Administration Regulations (EAR) to 

reflect changes to the Missile 

Technology Control Regime (MTCR) 

Annex that were agreed to by MTCR 

member countries at the November 2009 

Plenary in Rio de Janeiro, Brazil. In 

addition, this rule corrects an error 

published in a final rule on December 

10, 2009 (74 FR 65662). 

DATES: Effective Date: This rule is 

effective: April 20, 2010. Although there 

is no formal comment period, public 

comments on this regulation are 

welcome on a continuing basis. 

ADDRESSES: You may submit comments, 

identified by RIN 0694–AE79, by any of 

the following methods: 

E-mail: publiccomments@bis.doc.gov 

Include ‘‘RIN 0694–AE79’’ in the subject 

line of the message. 

Fax: (202) 482–3355. Please alert the 

Regulatory Policy Division, by calling 

(202) 482–2440, if you are faxing 

comments. 

Mail or Hand Delivery/Courier: 

Timothy Mooney, U.S. Department of 

Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

14th St. & Pennsylvania Avenue, NW., 

Room 2705, Washington, DC 20230, 

Attn: RIN 0694–AE79. 

Send comments regarding the 

collection of information associated 

with this rule, including suggestions for 

reducing the burden, to Jasmeet Seehra, 

Office of Management and Budget 

(OMB), by e-mail to 

Jasmeet_K._Seehra@omb.eop.gov, or by 

fax to (202) 395–7285; and to the U.S. 

Department of Commerce, Bureau of 

Industry and Security, Regulatory Policy 

Division, 14th St. & Pennsylvania 

Avenue, NW., Room 2705, Washington, 

DC 20230. Comments on this collection 

of information should be submitted 

separately from comments on the final 

rule (i.e. RIN 0694–AE79)—all 

comments on the latter should be 

submitted by one of the three methods 

outlined above. 

FOR FURTHER INFORMATION CONTACT: 

Dennis L. Krepp, Nuclear and Missile 

Technology Controls Division, Bureau 

of Industry and Security, Telephone: 

(202) 482–1309. 

SUPPLEMENTARY INFORMATION: 

Background 

The Missile Technology Control 

Regime (MTCR) is an export control 

arrangement among 34 nations, 

including most of the world’s advanced 

suppliers of ballistic missiles and 

missile-related materials and 

equipment. The regime establishes a 

common export control policy based on 

a list of controlled items (the Annex) 

and on guidelines (the Guidelines) that 

member countries implement in 

accordance with their national export 

controls. The goal of maintaining the 

Annex and the Guidelines is to stem the 

flow into the global marketplace of 

missile systems capable of delivering 

weapons of mass destruction. 

While the MTCR was originally 

created to prevent the spread of missiles 

capable of carrying a nuclear warhead, 

it was expanded in January 1992 to also 

address threats associated with delivery 

systems for chemical and biological 

weapons. MTCR members voluntarily 

pledge to adopt the regime’s export 

Guidelines and to restrict the export of 

items contained in the regime’s Annex. 

The implementation of the regime’s 

Guidelines is effectuated through the 

national export control laws and 

policies of the regime members. 

Amendments to the Export 

Administration Regulations 

This final rule revises the Export 

Administration Regulations (EAR) to 

reflect changes to the MTCR Annex 

agreed to at the November 2009 Plenary 

in Rio de Janeiro, Brazil. Corresponding 

MTCR Annex references are provided 

below for the MTCR Annex changes 

agreed to at the November 2009 Plenary. 

MTCR member countries agreed to 

clarify the meaning of ‘‘production 

facilities’’, the export of which is 

prohibited by the MTCR Guidelines for 

Category I. This clarification is reflected 

in the changes set forth in section 772.1 

(Definitions of Terms as Used in the 

Export Administration Regulations), 

which amend the definition of the term 

‘‘production facilities’’ to add the word 

production before the word equipment. 

The definition will therefore state that 

‘‘production facilities’’ means 

‘‘production equipment’’ and specially 

designed ‘‘software’’ therefor integrated 

into installations for ‘‘development’’ or 

for one or more phases of ‘‘production’’ 

(MTCR Annex Change Definitions: 

‘‘Production Facilities’’). This 

clarification more specifically describes 

the type of equipment that is included 

under the definition of ‘‘production 

facilities’’. BIS expects this change to 

have no impact on license applications. 

In addition, this rule amends the 

Commerce Control List (CCL) 

(Supplement No. 1 to Part 774 of the 

EAR) to reflect changes to the MTCR 

Annex. Specifically, the following 

Export Control Classification Numbers 

(ECCNs) are affected: 

ECCN 1C117 is amended by revising 

the heading and the ‘‘items’’ paragraph 

in the List of Items Controlled section 

(MTCR Annex Change Category II: Item 

6.C.7). A significant agreement was 

reached by MTCR member countries on 

the control of tungsten and 

molybdenum on the MTCR Annex. New 

controls were added for copper 

infiltrated tungsten, silver infiltrated 

tungsten, and tungsten alloys in solid 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Rules and Regulations 20521 

form (including dimensional aspects). 

These controls are applied when these 

materials are used for fabrication of 

missile components for rockets or 

missiles capable of achieving a ‘‘range’’ 

equal to or greater than 300 km. This 

change addresses the issue of a 

proliferation concern identified by 

MTCR member countries related to 

refractory metals used for missile 

components. Specifically, the control 

text for tungsten and molybdenum on 

the MTCR Annex was modified to 

include new controls for solid tungsten 

and tungsten alloy billets for the 

fabrication of missile components. This 

revision to ECCN 1C117 implements 

this expansion of controls. 

The heading of ECCN 9A101 is 

amended by removing the phrase 

‘‘(including turbocompound engines)’’ 

because agreement was reached by 

MTCR member countries on the 

deletion of this term. This term is 

deleted from this ECCN heading because 

the international community does not 

refer to turbojet or turbofan engines as 

turbo-compound engines. Accordingly, 

turbo-compound engines are not meant 

to be included within the scope of this 

ECCN entry. The missile proliferation 

concern for these types of engines is on 

turbojet and turbofan engines, so it is 

appropriate to remove engines that are 

not those types of engines from this 

ECCN, especially in this case where this 

term is not used by the international 

community to describe these engines. 

Additionally, turbo-compound engines 

are not a missile proliferation concern. 

This change is expected to have a 

minimal impact on license applications. 

Correction and Clarification to EAR 

Final Rule 

The 2008 MTCR Plenary 

implementation rule published on 

November 9, 2009 (74 FR 57581) 

clarified ECCN 1C011 by revising the 

License Requirements and ‘‘items’’ 

paragraph of ECCN 1C011 by deleting 

the reference to boron carbide and 

replacing it with boron alloys in the MT 

control section of this ECCN, and by 

making conforming changes to the MT 

and NS License Requirements for this 

ECCN. To effect this change, reference 

to boron alloys was included in the 

November 2009 final rule in a new 

‘‘items’’ paragraph in ECCN 1C011.e, but 

reference to boron carbide was retained 

in the NS controlled section of this 

ECCN because boron carbide is listed on 

the Wassenaar control list and therefore 

is still controlled under this ECCN. 

Subsequently, an EAR final rule 

published on December 10, 2009 (74 FR 

65662) inadvertently removed the new 

paragraph 1C011.e that was added in 

the November 2009 MTCR Plenary rule. 

When drafting this rule, BIS 

considered reinserting paragraph 

1C011.e into the ECCN entry. Upon 

consideration, BIS determined that 

rather than replacing the removed 

paragraph 1C011.e, it would be better to 

add boron alloys to ECCN 1C111. This 

addition is an improved means of 

controlling boron alloys as metal fuels 

on the CCL because grouping the boron 

alloys with other propellants and 

constituent chemicals for propellants 

will assist the regulated community in 

classifying these items on the CCL. This 

rule effects this change by revising 

ECCNs 1C011 and 1C111. Specifically, 

ECCN 1C111 is amended by creating 

two sub-sets of metal fuels with a 

particle size of less than 60 μm 

controlled under ‘‘items’’ paragraph a.2 

of this ECCN entry: metal fuels 

consisting 97% by weight or more of 

any of the following: Zirconium, 

Beryllium, Magnesium or Alloys of the 

these three metals (controlled under 

paragraphs a.2.a.1, a.2.a.2, a.2.a.3 or 

a.2.a.4); and metal fuels consisting of 

boron alloys with a purity of 85% by 

weight or more (controlled under 

paragraph a.2.b). The boron alloys that 

are being added to a.2.b are the boron 

alloys that were controlled under 

1C011.e prior to their inadvertent 

removal in the December 10, 2009 final 

rule. Lastly, ECCN 1C011 is amended by 

revising the NS and MT control sections 

of this ECCN to remove the references 

to paragraph 1C011.e. This is a 

conforming change associated with the 

shift of boron alloys from 1C011.e to 

1C111.a.2.b. These changes to ECCN 

1C011 and 1C111 are expected to have 

no impact on license applications. 

Savings Clause 

Shipments of items removed from 

eligibility for a License Exception or 

export or reexport without a license 

(NLR) as a result of this regulatory 

action that were on dock for loading, on 

lighter, laden aboard an exporting or 

reexporting carrier, or en route aboard a 

carrier to a port of export or reexport, on 

April 20, 2010, pursuant to actual orders 

for export or reexport to a foreign 

destination, may proceed to that 

destination under the previous 

eligibility for a License Exception or 

export or reexport without a license 

(NLR) so long as they are exported or 

reexported before May 20, 2010. Any 

such items not actually exported or 

reexported before midnight, on May 20, 

2010, require a license in accordance 

with this rule. 

Although the Export Administration 

Act expired on August 20, 2001, the 

President, through Executive Order 

13222 of August 17, 2001, 3 CFR, 2001 

Comp., p. 783 (2002), as extended by the 

Notice of August 13, 2009 (74 FR 41325 

(August 14, 2009)), has continued the 

Export Administration Regulations in 

effect under the International 

Emergency Economic Powers Act. 

Rulemaking Requirements 

1. This final rule has been determined 

to be 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, unless that collection of 

information displays a currently valid 

Office of Management and Budget 

Control Number. This rule contains a 

collection of information subject to the 

Paperwork Reduction Act of 1980 (44 

U.S.C. 3501 et seq.). This collection has 

been approved by the Office of 

Management and Budget under control 

number 0694–0088, ‘‘Multi-Purpose 

Application,’’ which carries a burden 

hour estimate of 58 minutes for a 

manual or electronic submission. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under E.O. 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)). 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. 

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 


erowe on DSK5CLS3C1PROD with RULES
20522 Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Rules and Regulations 

CFR parts 730–774) are amended as 

follows: 

PART 772—[AMENDED] 

■ 1. The authority citation for 15 CFR 

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 

13, 2009, 74 FR 41325 (August 14, 2009). 

■ 2. Section 772.1 is amended by 

revising the definition of ‘‘production 

facilities’’, as set forth below: 

§ 772.1 Definitions of terms as used in the 

Export Administration Regulations (EAR). 

* * * * * 

Production Facilities. (MTCR Context 

only). (Cat 7 and 9)—Means ‘‘production 

equipment’’ and specially designed 

‘‘software’’ therefor integrated into 

installations for ‘‘development’’ or for 

one or more phases of ‘‘production’’. 

* * * * * 

PART 774—[AMENDED] 

■ 3. The authority citation for 15 CFR 

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 13, 2009, 74 

FR 41325 (August 14, 2009). 

■ 4. In Supplement No. 1 to part 774, 

under Category 1, Export Control 

Classification Number (ECCN) 1C011 is 

amended by revising the first two 

entries in the table under the ‘‘Reason 

for Control’’ heading in the License 

Requirements section, to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1C011 Metals and Compounds, as Follows 

(see List of Items Controlled) 

License Requirements 

Reason for Control: * * * 

Control(s) Country chart 

NS applies to entire entry .. NS Column 1 

MT applies to 1C011.a and 

.b (for boron).

MT Column 1 

* * * * * 

■ 5. In Supplement No. 1 to part 774, 

under Category 1, ECCN 1C111 is 

amended by revising paragraph a.2 of 

the ‘‘items’’ paragraph in the List of 

Items Controlled section, to read as 

follows: 

1C111 Propellants and Constituent 

Chemicals for Propellants, Other Than 

Those Specified in 1C011, as Follows 

(see List of Items Controlled) 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

a.2. Metal fuels, other than that controlled 

by the U.S. Munitions List, in particle sizes 

of less than 60 × 10¥6 m (60 micrometers), 

whether spherical, atomized, spheroidal, 

flaked or ground, as follows: 

a.2.a. Consisting of 97% by weight or more 

of any of the following: 

a.2.a.1. Zirconium; 

a.2.a.2. Beryllium; 

a.2.a.3. Magnesium; or 

a.2.a.4. Alloys of the metals specified by 

a.2.a.1 to a.2.a.3 above. 

Technical Note: The natural content of 

hafnium in the zirconium (typically 2% to 

7%) is counted with the zirconium. 

a.2.b. Boron alloys with a purity of 85% by 

weight or more. 

* * * * * 

■ 6. In Supplement No. 1 to part 774, 

under Category 1, ECCN 1C117 is 

amended: 

■ a. By revising the heading; and 

■ b. By revising the ‘‘items’’ paragraph in 

the List of Items Controlled section, to 

read as follows: 

1C117 Materials for the Fabrication of 

Missile Components for Rockets or 

Missiles Capable of Achieving a 

‘‘Range’’ Equal to or Greater Than 300 

km, as Follows (See List of Items 

Controlled) 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. Tungsten and alloys in particulate form 

with a tungsten content of 97% by weight or 

more and a particle size of 50 × 10¥6 m (50 

μm) or less; 

b. Molybdenum and alloys in particulate 

form with a molybdenum content of 97% by 

weight or more and a particle size of 50 × 

10¥6 m (50 μm) or less; 

c. Tungsten materials in the solid form 

having all of the following: 

c.1. Any of the following material 

compositions: 

c.1.a. Tungsten and alloys containing 97% 

by weight or more of tungsten; 

c.1.b. Copper infiltrated tungsten 

containing 80% by weight or more of 

tungsten; or 

c.1.c. Silver infiltrated tungsten containing 

80% by weight or more of tungsten; and 

c.2. Able to be machined to any of the 

following products: 

c.2.a. Cylinders having a diameter of 120 

mm or greater and a length of 50 mm or 

greater; 

c.2.b. Tubes having an inner diameter of 65 

mm or greater and a wall thickness of 25 mm 

or greater and a length of 50 mm or greater; 

or 

c.2.c. Blocks having a size of 120 mm × 120 

mm × 50 mm or greater. 

■ 7. In Supplement No. 1 to part 774, 

under Category 9, ECCN 9A101 is 

amended by revising the heading, to 

read as follows: 

9A101 Turbojet and Turbofan 

Engines, Other Than Those Controlled 

by 9A001, as Follows (See List of Items 

Controlled) 

* * * * * 

Dated: April 9, 2010. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–8919 Filed 4–19–10; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 510 

[Docket No. FDA–2010–N–0002] 

New Animal Drugs; Change of 

Sponsor’s Name and Address 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect a 

change of sponsor’s name from Minrad, 

Inc. to Piramal Critical Care, Inc. The 

sponsor’s mailing address will also be 

changed. 

DATES: This rule is effective April 20, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

David R. Newkirk, Center for Veterinary 

Medicine (HFV–100), Food and Drug 

Administration, 7500 Standish Pl., 

Rockville, MD 20855, 240–276–8307, email: david.newkirk@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: Minrad, 

Inc., 836 Main St., 2d floor, Buffalo, NY 

14202 has informed FDA that it has 

changed its name and address to 

Piramal Critical Care, Inc., 3950 

Schelden Circle, Bethlehem, PA 18017. 

Accordingly, the agency is amending 

the regulations in 21 CFR 510.600(c) to 

reflect this change. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 


erowe on DSK5CLS3C1PROD with RULES