Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 78883 

1, dated October 14, 2010, to perform the 

BSIs for engines listed in paragraph(c)(1) of 

this AD. 

(k) Use paragraphs 3.A through 3.H of the 

Accomplishment Instructions of Pratt & 

Whitney SB No. PW4G–100–72–226, dated 

April 22, 2010, to perform the BSIs for 

engines listed in paragraphs(c)(2) and (c)(3) 

of this AD. 

Optional Terminating Action 

(l) As optional terminating action to the 

repetitive inspection requirements of this 

AD, install new 9th stage compressor stator 

segments, part number (P/N) 50S479–01, 

P/N 50S479–02, P/N 50S479–03, and P/N 

50S479–04, and perform one of the 

following: 

(1) At the time the new 9th stage 

compressor stator segments are installed, 

replace the HPC drum rotor disk assembly 

with a new, 0 cycle, HPC drum rotor disk 

assembly; or 

(2) At the time the new 9th stage 

compressor stator segments are installed, 

replace the 10th stage HPC disk with a new, 

0 cycle, 10th stage HPC disk; or 

(3) Perform a one-time BSI or FPI for cracks 

in the AVT shelf slots on the 10th stage HPC 

disk of the HPC drum rotor disk assembly 

between 4,000 and 7,200 cycles-in-service 

since installation of the new 9th stage 

compressor stator segments. 

(i) If a crack is found, remove the HPC 

drum rotor disk assembly from service. 

(ii) If no crack is found, then no further 

inspections are required. 

(4) Guidance on installation of the new 9th 

stage compressor stator segments can be 

found in Pratt & Whitney SB No. PW4ENG 

72–801, Revision 1, dated September 8, 2010, 

for engines listed in paragraph(c)(1) of this 

AD and in Pratt & Whitney SB No. PW4G– 

100–72–225 dated April 20, 2010, for engines 

listed in paragraphs(c)(2) and (c)(3) of this 

AD. 

Alternative Methods of Compliance 

(AMOCs) 

(m) The Manager, Engine Certification 

Office, has the authority to approve AMOCs 

for this AD if requested using the procedures 

found in 14 CFR 39.19. 

Related Information 

(n) Contact James Gray, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: james.e.gray@faa.gov; 

telephone (781) 238–7742; fax (781) 238– 

7199, for more information about this AD. 

Material Incorporated by Reference 

(o) You must use Pratt & Whitney Service 

Bulletin (SB) No. PW4G–100–72–226, dated 

April 22, 2010, and Pratt & Whitney SB No. 

PW4ENG 72–799, Revision 1, dated October 

14, 2010, to perform the borescope 

inspections required by this AD. The Director 

of the Federal Register approved the 

incorporation by reference of these 

documents in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. Contact Pratt & 

Whitney, 400 Main St., East Hartford, CT 

06108; telephone (860) 565–8770; fax (860) 

565–4503, for a copy of this service 

information. You may review copies at the 

FAA, New England Region, 12 New England 

Executive Park, Burlington, MA; or at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Burlington, Massachusetts, on 

November 17, 2010. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–31723 Filed 12–16–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0279; Directorate 

Identifier 2009–NM–148–AD; Amendment 

39–16496; AD 2010–23–07] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A318, A319, A320, and A321 Series 

Airplanes 

Correction 

In rule document 2010–27614 

beginning on page 68181 in the issue of 

Friday, November 5, 2010, make the 

following corrections: 

§ 39.13 [Corrected] 

1. On page 68183, in § 39.13(c), in the 

second column, in the first column of 

the table, in the 30th entry, ‘‘D554 71000 

000 00’’, should read ‘‘D554 71001 000 

00’’. 

2. On the same page, in the same 

section, in the third column, in the 

second column of the table, in the 19th 

entry, ‘‘TS–Z072’’, should read ‘‘TS– 

2072’’. 

3. On page 68184, in the same section, 

in the first column, in the first column 

of the table, in the 12th entry, ‘‘D554 

11002 000 00 003’’ should read ‘‘D554 

71002 000 00 0003’’. 

4. On the same page, in the same 

section, in the same column, in the 

same column of the table, in the 14th 

entry, ‘‘D554 11004 000 00 0000’’ should 

read ‘‘D554 71004 000 00 0000’’. 

[FR Doc. C1–2010–27614 Filed 12–16–10; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 101102553–0553–01] 

RIN 0694–AF01 

Implementation of Additional Changes 

From the Annual Review of the Entity 

List 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule amends the Export 

Administration Regulations (EAR) to 

implement additional changes to the 

Entity List (Supplement No. 4 to Part 

744) on the basis of the annual review 

of the Entity List conducted by the EndUser Review Committee (ERC). The 

changes from the annual review will be 

implemented in three rules. The first 

rule published on May 28, 2010 (75 FR 

29884) implemented the results of the 

annual review for listed entities located 

in Canada, Egypt, Germany, Hong Kong, 

Israel, Kuwait, Lebanon, Malaysia, 

South Korea, Singapore, and the United 

Kingdom. 

The second rule, published today, 

implements the results of the annual 

review for entities located in China and 

Russia. This rule removes five entities 

from the Entity List under Russia and 

makes twenty-one modifications to the 

Entity List (consisting of modifications 

to eighteen Chinese entries and three 

Russian entries currently on the Entity 

List) by adding additional addresses, 

aliases and/or clarifying the names for 

these twenty-one entities. 

The third rule, which will likely be 

published in early 2011, will implement 

the remaining results of the annual 

review. 

The Entity List provides notice to the 

public that certain exports, reexports, 

and transfers (in-country) to entities 

identified on the Entity List require a 

license from the Bureau of Industry and 

Security and that availability of license 

exceptions in such transactions is 

limited. 

DATES: Effective Date: This rule is 

effective December 17, 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–AF01, by any of 

the following methods: 

E-mail: publiccomments@bis.doc.gov. 

Include ‘‘RIN 0694–AF01’’ in the subject 

line of the message. 


srobinson on DSKHWCL6B1PROD with RULES
78884 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 

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–AF01. 

Send comments regarding the 

collection of information associated 

with this rule, including suggestions for 

reducing the burden, to Jasmeet K. 

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 

Regulatory Policy Division, Bureau of 

Industry and Security, Department of 

Commerce, 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–AF01)—all 

comments on the latter should be 

submitted by one of the three methods 

outlined above. 

FOR FURTHER INFORMATION CONTACT: 

Karen Nies-Vogel, Chairman, End-User 

Review Committee, Office of the 

Assistant Secretary, Export 

Administration, Bureau of Industry and 

Security, Department of Commerce, 

Phone: (202) 482–5991, Fax: (202) 482– 

3911, E-mail: ERC@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Entity List provides notice to the 

public that certain exports, reexports, 

and transfers (in-country) to entities 

identified on the Entity List require a 

license from the Bureau of Industry and 

Security (BIS) and that the availability 

of license exceptions in such 

transactions is limited. Entities are 

placed on the Entity List on the basis of 

certain sections of part 744 (Control 

Policy: End-User and End-Use Based) of 

the EAR. 

The End-User Review Committee 

(ERC), composed of representatives of 

the Departments of Commerce (Chair), 

State, Defense, Energy and, where 

appropriate, the Treasury, makes all 

decisions to make additions to, 

removals from and other changes to the 

Entity List. The ERC makes all decisions 

to add an entry to the Entity List by 

majority vote and all decisions to 

remove or modify an entry by 

unanimous vote. 

Annual Review of the Entity List 

This rule amends the Export 

Administration Regulations (EAR) to 

implement changes to the Entity List 

(Supplement No. 4 to part 744) on the 

basis of the annual review of the Entity 

List conducted by the ERC, in 

accordance with the procedures 

outlined in Supplement No. 5 to part 

744 (Procedures for End-User Review 

Committee Entity List Decisions). 

The changes from the annual review 

of the Entity List that were approved by 

the ERC will be implemented in three 

rules. The first rule, published on May 

28, 2010 (75 FR 29884), implemented 

the results of the annual review for 

listed entities located in Canada, Egypt, 

Germany, Hong Kong, Israel, Kuwait, 

Lebanon, Malaysia, South Korea, 

Singapore, and the United Kingdom. 

The second rule, published today, 

implements the results of the annual 

review for entities located in China and 

Russia. The third rule that will likely be 

published in early 2011 will implement 

the remaining results of the annual 

review. 

The first rule published on May 28 

indicated the implementation of the 

annual review changes would be done 

in two rules, but a decision was made 

by the ERC to implement the approved 

annual review changes for these two 

countries in this second rule and then 

publish a third rule (if needed) to close 

out the implementation of the annual 

review, while allowing for the 

additional time necessary to review any 

additional changes for the remaining 

countries. 

As the changes included in this final 

rule (i.e., the second annual review 

implementation rule) will assist 

exporters, reexporters and persons 

making transfers (in-country) to better 

identify these persons listed on the 

Entity List, delaying the implementation 

of these approved changes until the ERC 

completes its review for the persons 

listed under the remaining destinations 

is not in the public interest. 

ERC Entity List Decisions 

This rule removes five entities from 

the Entity List under Russia. This rule 

also makes twenty-one modifications to 

the Entity List (consisting of 

modifications to eighteen Chinese 

entries and three Russian entries 

currently on the Entity List): by adding 

additional addresses, aliases and/or 

clarifying the names for these twentyone entities, as described below in 

greater detail under the Modifications to 

the Entity List section. 

Removal from the Entity List 

The five entities being removed from 

the Entity List are located in Russia: 

‘‘Baltic State Technical University, 1/21, 

1-ya Krasnoarmeiskaya Ul., 198005, St. 

Petersburg’’, ‘‘Glavkosmos, 9 

Krasnoproletarskaya St., 103030 

Moscow’’, ‘‘Medeleyev University of 

Chemical Technology of Russia 

(including at 9 Miusskaya Sq. Moscow 

125047, Russia)’’, ‘‘Moscow Aviation 

Institute (MAI) (including at 4 

Volokolamskoye Shosse, Moscow 

125871, Russia)’’, and ‘‘Tula Instrument 

Design Bureau (all locations, including 

at Tula 300001, Russia) (§ 744.20 of the 

EAR)’’. These entities are being removed 

from the Entity List in parallel with the 

removal of the sanctions imposed 

pursuant to Sections 4(b), 4(c) and 4(d) 

of Executive Order 12938. 

Russia 

(1) Baltic State Technical University, 

1/21, 1-ya Krasnoarmeiskaya Ul., 

198005, St. Petersburg; 

(2) Glavkosmos, 9 

Krasnoproletarskaya St., 103030 

Moscow; 

(3) Medeleyev University of Chemical 

Technology of Russia (including at 9 

Miusskaya Sq. Moscow 125047, Russia); 

(4) Moscow Aviation Institute (MAI) 

(including at 4 Volokolamskoye Shosse, 

Moscow 125871, Russia); and 

(5) Tula Instrument Design Bureau 

(all locations, including at Tula 300001, 

Russia) (§ 744.20 of the EAR). 

The removal of these five entities 

from the Entity List (from Russia, as 

described above) eliminates the existing 

license requirement in Supplement No. 

4 to part 744 for exports, reexports and 

transfers (in-country) to these five 

entities. However, the removal of Baltic 

State Technical University, Glavkosmos, 

Medeleyev University of Chemical 

Technology of Russia, Moscow Aviation 

Institute (MAI), and Tula Instrument 

Design Bureau from the Entity List does 

not relieve persons of other obligations 

under part 744 of the EAR or under 

other parts of the EAR. Neither the 

removal of an entity from the Entity List 

nor the removal of Entity List-based 

license requirements relieves persons of 

their obligations under General 

Prohibition 5 in § 736.2(b)(5) of the EAR 

which provides that, ‘‘you may not, 

without a license, knowingly export or 

reexport any item subject to the EAR to 

an end-user or end-use that is 

prohibited by part 744 of the EAR.’’ Nor 

do these removals relieve persons of 

their obligation to apply for export, 

reexport or in-country transfer licenses 

required by other provisions of the EAR. 

BIS strongly urges the use of 

Supplement No. 3 to part 732 of the 

EAR, ‘‘BIS’s ‘Know Your Customer’ 

Guidance and Red Flags,’’ when persons 

are involved in transactions that are 

subject to the EAR. 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 78885 

Modifications to the Entity List 

(1) This rule amends twenty-one 

entries (consisting of eighteen Chinese 

entries and three Russian entries) 

currently on the Entity List by adding 

additional addresses, aliases or 

clarifying the names for the entities 

listed, as follows: 

Note: To assist the public in better 

identifying the changes made to each entry, 

an asterisk is placed next to the portions of 

the existing entries that are being revised or 

are new in this final rule. 

China 

(1) 13 Institute, China Academy of 

Launch Vehicle Technology (CALT), 

a.k.a., the following six aliases: 

—*13th Institute China Aerospace 

Times Electronics Corp (CATEC); 

—713 Institute of Beijing; 

—Institute of Control Devices (BICD); 

—*Beijing Institute of Aerospace 

Control Devices (BIACD); 

—*Beijing Aerospace Control 

Instruments Institute; and 

—*Design and Manufacture Center of 

Navigation and Control Device. 

(2) 33 Institute, a.k.a., the following 

four aliases: 

—*Beijing Automation Control 

Equipment Institute (BACEI); 

—Beijing Institute of Automatic Control 

Equipment; 

—*China Haiying Electromechanical 

Technology Academy; and 

—*No. 33 Research Institute of the 

Third Academy of China Aerospace 

Science and Industry Corp (CASIC). 

(3) 35 Institute, a.k.a., the following 

five aliases: 

—*Beijing Hangxing Machine Building 

Corporation; 

—Beijing Huahang Radio Measurements 

Research Institute; 

—*China Haiying Electronic 

Mechanical Technical Research 

Academy; 

—*Huahang Institute of Radio 

Measurement; and 

—*No. 35 Research Institute of the 

Third Academy of China Aerospace 

Science and Industry Corp (CASIC). 

(4) 54th Research Institute of China, 

a.k.a., the following three aliases: 

—*CETC 54th Research Institute; 

—Communication, Telemetry and 

Telecontrol Research Institute (CTI); 

and 

—*Shijiazhuang Communication 

Observation and Control 

Technology Institute. 

(5) *Baotou Guanghua Chemical 

Industrial Corporation (Parent 

Organization: China National Nuclear 

Group Corporation (CNNC)), a.k.a., the 

following five aliases: 

—*202 Plant, Baotou Nuclear Energy 

Facility; 

—*Baotou Guanghua Chemical 

Industrial Corporation; 

—*Baotou Guanghua Chemical Industry 

Company; 

—*Baotou Nuclear Fuel Element Plant; 

and 

—*China Nuclear Baotou Guanghua 

Chemical Industry Company. 

202 Factory Baotou, Inner Mongolia. 

(6) *Beijing Aerospace Automatic 

Control Institute (BICD), a.k.a., the 

following four aliases: 

—*12th Research Institute China 

Academy of Launch Vehicle 

Technology (CALT); 

—*Beijing Institute of Space Automatic 

Control; 

—*Beijing Spaceflight Autocontrol 

Research Institute; and 

—*China Aerospace Science and 

Technology Corp First Academy 

12th Research Institute. 

51 Yong Ding Road, Beijing. 

(7) *Beijing Institute of Structure and 

Environmental Engineering (BISE), 

a.k.a., the following two aliases: 

—*702nd Research Institute, China 

Academy of Launch Vehicle 

Technology (CALT); and 

—Beijing Institute of Strength and 

Environmental Engineering. 

No. 30 Wanyuan Road, Beijing. 

(8) Beijing Power Machinery Institute, 

a.k.a., the following three aliases: 

—*31st Research Institute of China 

Aerospace Science and Industry 

Corp (CASIC) or China Haiying 

Electromechanical Technology 

Academy (a.k.a., China Haiying 

Science & Technology Corporation); 

—*Beijing Power Generating Machinery 

Institute; and 

—*Beijing Power Machinery Research 

Laboratory. 

(9) Beijing University of Aeronautics 

and Astronautics (BUAA), a.k.a., the 

following alias: 

—Beihang University. 

*37 Xueyuan Rd, Haidian District, 

Beijing. 

(10) Chinese Academy of Engineering 

Physics, a.k.a., the following eighteen 

aliases: 

—Ninth Academy; 

—Southwest Computing Center; 

—Southwest Institute of Applied 

Electronics; 

—Southwest Institute of Chemical 

Materials; 

—Southwest Institute of Electronic 

Engineering; 

—Southwest Institute of Environmental 

Testing; 

—Southwest Institute of Explosives and 

Chemical Engineering; 

—*Southwest Institute of Fluid Physics; 

—Southwest Institute of General 

Designing and Assembly; 

—Southwest Institute of Machining 

Technology; 

—Southwest Institute of Materials; 

—Southwest Institute of Nuclear 

Physics and Chemistry (a.k.a., 

China Academy of Engineering 

Physics (CAEP)’s 902 Institute); 

—Southwest Institute of Research and 

Applications of Special Materials 

Factory; 

—Southwest Institute of Structural 

Mechanics; 

(—all of the preceding located in or near 

Mianyang, Sichuan Province) 

—*Chengdu Electronic Science and 

Technology University (CUST); 

—The High Power Laser Laboratory, 

Shanghai; 

—The Institute of Applied Physics and 

Computational Mathematics, 

Beijing; and 

—*University of Electronic Science and 

Technology of China, 901 Institute, 

(No. 4, 2nd Section, North Jianshe 

Road, Chengdu, 610054). 

(11) First Department, Chinese 

Academy of Launch Vehicle Technology 

(CALT), a.k.a., the following three 

aliases: 

—*1st General Design Department 

(a.k.a. Planning Department No 1) 

of the China Aerospace Science & 

Technology Corporation’s First 

Academy (CALT); 

—*Beijing Institute of Astronautic 

Systems Engineering; and 

—*Beijing Institute of Space System 

Engineering. 

(12) *Northwest Institute of Nuclear 

Technology in the Science Research 

(NINT), Xi’an, Shanxi. 

(13) Northwestern Polytechnical 

University, a.k.a., the following three 

aliases: 

—*Northwestern Polytechnic 

University; 

—*Northwest Polytechnic University; 

and 

—*Northwest Polytechnical University. 

*127 Yonyi Xilu, Xi’an 71002 

Shaanxi, China; and Youyi Xi Lu, Xi’an, 

Shaanxi, China. 

(14) *Shanghai Academy of 

Spaceflight Technology (SAST), a.k.a., 

the following four aliases: 

—*8th Research Academy of China 

Aerospace; 

—*Shanghai Astronautics Industry 

Bureau; 

—*Shanghai Bureau of Astronautics 

(SHBOA); and 

—*Shanghai Bureau of Space. 

Shanghai, Spaceflight Tower, 222 Cao 

Xi Road, Shanghai, 200233. 

(15) Shanghai Institute of Space 

Power Sources, a.k.a., the following 

three aliases: 


srobinson on DSKHWCL6B1PROD with RULES
78886 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 

—*811th Research Institute, 8th 

Academy, China Aerospace Science 

and Technology Corp (CASC); 

—*Shanghai Space Energy Research 

Institute; and 

—*Shanghai Space Power Supply 

Research Institute. 

388 Cang Wu Road, Shanghai. 

(16) Southwest Research Institute of 

Electronics Technology, a.k.a., the 

following three aliases: 

—*10th Research Institute of China 

Electronic Technology Group Corp 

(CETC); 

—*CETC 10th Research Institute; and 

—*Southwest Institute of Electronic 

Technology (SWIET). 

Chengdu. 

(17) Xi’an Research Institute of 

Navigation Technology, a.k.a., the 

following two aliases: 

—*20th Research Institute of China 

Electronic Technology Group Corp 

(CETC); and 

—*CETC 20th Research Institute. 

(18) *Xiangdong Machinery Factory, 

within the China Aerospace Science and 

Industry Corp’s (CASIC) Third Academy 

(a.k.a., the following two aliases: China 

Haiying Electromechanical Technology 

Academy and China Haiying Science & 

Technology Corporation), a.k.a., the 

following four aliases: 

—*239 Factory (a.k.a., 35th Research 

Institute); 

—*Beijing Xinghang Electromechanical 

Equipment Factory; 

—*Beijing Hangxing Machinery 

Manufacturing Corporation; and 

—*Hangxing Machine Building 

Company. 

Russia 

(1) All-Union Scientific Research 

Institute of Experimental Physics, a.k.a., 

the following twelve aliases: 

—All Russian Research Institute of 

Experimental Physics; 

—ARIEP; 

—Arzamas-16; 

—*Arzamas-75; 

—*Federal State Unitary Enterprise 

Russian Federal Nuclear Center— 

All Russian Scientific Research 

Institute of Experimental Physics 

(FGUPRFNCs VNIIEF); 

—Khariton Institute; 

—Russian Federal Nuclear Center; 

—VNIIEF; and 

—*Vserossiyskiy NauchnoIssledovatelskiy Institut 

Sperimentalnoy Fiziki. 

37 Mira Ave. Sarov, Nizhny Novgorod 

Region, 607188 Russia. 

—*Avarngard Electromechanical Plant; 

—*Moscow Center 300; and 

—*Sarov Nuclear Weapons Plant. 

Kremlev (Sarov). 

(2) All-Russian Scientific Research 

Institute of Technical Physics, a.k.a., the 

following ten aliases: 

—All-Russian Research Institute of 

Technical Physics; 

—*All-Union Scientific Research 

Institute of Instrument Building 

(VNIIP); 

—ARITP; 

—*Kasli; 

—Russian Federal Nuclear Center; 

—*Ural Nuclear Center, NII–1011; 

—*VNIIEF; 

—VNIITF; and 

—*Vserosslyskly 

Nauchhnoissledovatelnyy Institut 

Tekhnicheskoy Fiziki. 

*P.O. Box 245, 456770, Snezhinsk, 

Chelyabinsk Region Russia. 

—*Federal State Unitary Enterprise 

Russian Federal Nuclear Center— 

Academician E.I. Zababkhin AllRussian Scientific Research 

Institute of Technical Physics 

(FGUPRFYaTs-VNIITF); and 

—*Chelyabinsk 70/Snezhinsk. 

(3) *Federal Atomic Power of Russia 

(Rusatom) (any entities, institutes, or 

centers associated with), a.k.a., the 

following three aliases: 

—*Federal Atomic Agency (FAAE); 

—*MINATOM; and 

—*Ministry of Atomic Power and 

Industry (MAPI). 

Located in either Snezhinsk or 

Kremlev (Sarov). 

A BIS license is required for the 

export, reexport or transfer (in-country) 

of any item subject to the EAR to the 

persons described above, including any 

transaction in which this listed entity 

will act as purchaser, intermediate 

consignee, ultimate consignee, or enduser of the items. This listing of these 

entities also prohibits the use of license 

exceptions (see part 740 of the EAR) for 

exports, reexports and transfers (incountry) of items subject to the EAR 

involving this entity. 

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 

December 17, 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 January 3, 2011. Any 

such items not actually exported or 

reexported before midnight, on January 

3, 2011, 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 12, 2010, 75 FR 50681 

(August 16, 2010), has continued the 

Export Administration Regulations in 

effect under the International 

Emergency Economic Powers Act. 

Rulemaking Requirements 

1. This rule has been determined to be 

not significant for purposes of Executive 

Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to nor be subject to a penalty 

for failure to comply with a collection 

of information, subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This regulation 

involves collections previously 

approved by the OMB under control 

numbers 0694–0088, ‘‘Multi-Purpose 

Application,’’ which carries a burden 

hour estimate of 58 minutes to prepare 

and submit form BIS–748. 

Miscellaneous and recordkeeping 

activities account for 12 minutes per 

submission. Total burden hours 

associated with the Paperwork 

Reduction Act of Office and 

Management and Budget control 

number 0694–0088 are expected to 

increase slightly as a result of this rule. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined in Executive Order 

13132. 

4. The provisions of the 

Administrative Procedure Act (5 U.S.C. 

553) requiring notice of proposed 

rulemaking, the opportunity for public 

comment and a delay in effective date 

are inapplicable because this regulation 

involves a military or foreign affairs 

function of the United States. (See 5 

U.S.C. 553(a)(1).) BIS implements this 

rule to prevent items from being 

exported, reexported or transferred (incountry) to persons listed on the Entity 

List by making clarifications to existing 

entries to inform exporters, reexporters 

and persons making transfers (incountry) of the intended scope of the 

license requirements for these listed 

persons. This action does this by adding 

additional addresses for listed persons, 

clarifying names for listed person and 

adding aliases for listed persons. If this 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 78887 

rule were delayed to allow for notice 

and comment and a delay in effective 

date, there is a chance that certain 

exporters, reexporters and persons 

making transfers (in-country) to these 

listed persons may inadvertently export, 

reexport or transfer (in-country) to a 

listed person on the Entity List because 

the exporter, reexporter or person 

making the transfer (in-country) did not 

realize the listed person was subject to 

the Entity List-based license 

requirement because of perceived 

ambiguity regarding the listed person, 

such as the listed person was using an 

alias or an alternate address. There is 

also a chance an exporter, reexporter or 

person making a transfer (in-country) 

may turn away a potential export, 

reexport, or transfer (in-country) 

because the customer appeared to be 

within the scope of a listed person on 

the Entity List, but with a more clearly 

worded listing on the Entity List it 

would have been clear the person was 

not subject to an Entity List-based 

license requirement. For the five 

Russian entities that are removed with 

this rule, BIS is taking this action in the 

form of a final rule to conform the Entity 

List with a foreign policy decision that 

has already been made by Department of 

State to remove sanctions on these five 

entities. To ensure consistency across 

the U.S. Government in the 

implementation of this U.S. foreign 

policy it is important the publication of 

this rule is not delayed. In addition, if 

this rule were delayed this 

inconsistency in the implementation of 

U.S. foreign policy could have adverse 

consequences on U.S. foreign policy. 

For these reasons there is a public 

interest that these changes be 

implemented as a final action. Further, 

no other law requires that a notice of 

proposed rulemaking and an 

opportunity for public comment be 

given for this rule. Because a notice of 

proposed rulemaking and an 

opportunity for public comment are not 

required to be given for this rule by 5 

U.S.C. 553, or by any other law, the 

analytical requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., are not applicable. 

List of Subjects in 15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

■ Accordingly, part 744 of the Export 

Administration Regulations (15 CFR 

parts 730–774) is amended as follows: 

PART 744—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 744 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 

42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 

U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 

1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 

3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 

FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 

12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 

356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 

Comp., p. 228; E.O. 13099, 63 FR 45167, 3 

CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 

44025, 3 CFR, 2001 Comp., p. 783; E.O. 

13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 

786; Notice of August 12, 2010, 75 FR 50681 

(August 16, 2010); Notice of November 4, 

2010, 75 FR 68673 (November 8, 2010). 

■ 2. Supplement No. 4 to part 744 is 

amended: 

■ (a) By removing under Russia, these 

five Russian entities: ‘‘Baltic State 

Technical University, 1/21, 1-ya 

Krasnoarmeiskaya Ul., 198005, St. 

Petersburg.’’, ‘‘Glavkosmos, 9 

Krasnoproletarskaya St., 103030 

Moscow.’’, ‘‘Medeleyev University of 

Chemical Technology of Russia 

(including at 9 Miusskaya Sq. Moscow 

125047, Russia).’’, ‘‘Moscow Aviation 

Institute (MAI) (including at 4 

Volokolamskoye Shosse, Moscow 

125871, Russia).’’, ‘‘Tula Instrument 

Design Bureau (all locations, including 

at Tula 300001, Russia) (§ 744.20 of the 

EAR).’’; 

■ (b) By revising under China, People’s 

Republic of, in alphabetical order, 

eighteen Chinese entities; and 

■ (c) By revising under Russia, in 

alphabetical order, two Russian entities. 

■ (d) By removing the Russian entity, 

the ‘‘Ministry for Atomic Power of 

Russia (any entities, institutes, or 

centers associated with) located in 

either Snezhinsk or Kremlev (Sarov).’’ 

and adding in its place the Russian 

entity ‘‘Federal Atomic Power of Russia 

(Rusatom) (any entities, institutes, or 

centers associated with), a.k.a. the 

following three aliases:—Federal 

Atomic Agency (FAAE);—MINATOM; 

and —Ministry of Atomic Power and 

Industry (MAPI). Located in either 

Snezhinsk or Kremlev (Sarov).’’. 

The revisions read as follows: 

SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST

Country Entity License 

requirement 

License 

review policy 

Federal 

Register 

citation 

*******

CHINA, PEOPLE’S 

REPUBLIC OF 

13 Institute, China Academy of Launch Vehicle Technology (CALT), a.k.a., the following six aliases: 

—13th Institute China Aerospace Times 

Electronics Corp (CATEC); 

—713 Institute of Beijing; 

—Institute of Control Devices (BICD); 

For all items subject 

to the EAR.

See § 744.3(d) of this 

part.

66 FR 24265, 5/14/01. 

75 FR [INSERT FR 

PAGE NUMBER], 

12/17/10. 

—Beijing Institute of Aerospace Control Devices (BIACD); 

—Beijing Aerospace Control Instruments Institute; and 

—Design and Manufacture Center of Navigation and Control Device.


srobinson on DSKHWCL6B1PROD with RULES
78888 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 

SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued 

Country Entity License 

requirement 

License 

review policy 

Federal 

Register 

citation 

33 Institute, a.k.a., the following four aliases: 

—Beijing Automation Control Equipment Institute (BACEI); 

—Beijing Institute of Automatic Control 

Equipment; 

—China Haiying Electromechanical Technology Academy; and 

—No. 33 Research Institute of the Third 

Academy of China Aerospace Science and 

Industry Corp (CASIC).

For all items subject 

to the EAR having a 

classification other 

than EAR99 or a 

classification where 

the third through 

fifth digits of the 

ECCN are ‘‘999’’, 

e.g., XX999.

See § 744.3(d) of this 

part.

66 FR 24266, 5/14/01. 

75 FR [INSERT FR 

PAGE NUMBER], 

12/17/10. 

35 Institute, a.k.a., the following five aliases: 

—Beijing Hangxing Machine Building Corporation; 

—Beijing Huahang Radio Measurements Research Institute; 

—China Haiying Electronic Mechanical Technical Research Academy; 

—Huahang Institute of Radio Measurement; 

and 

—No. 35 Research Institute of the Third 

Academy of China Aerospace Science and 

Industry Corp (CASIC).

For all items subject 

to the EAR having a 

classification other 

than EAR99 or a 

classification where 

the third through 

fifth digits of the 

ECCN are ‘‘999’’, 

e.g., XX999.

See § 744.3(d) of this 

part.

66 FR 24266, 5/14/01. 

75 FR [INSERT FR 

PAGE NUMBER], 

12/17/10. 

54th Research Institute of China, a.k.a., the 

following three aliases: 

—CETC 54th Research Institute; 

—Communication, Telemetry and Telecontrol Research Institute (CTI); and 

—Shijiazhuang Communication Observation 

and Control Technology Institute.

For all items subject 

to the EAR having a 

classification other 

than EAR99 or a 

classification where 

the third through 

fifth digits of the 

ECCN are ‘‘999’’, 

e.g., XX999.

See § 744.3(d) of this 

part.

66 FR 24266, 5/14/01. 

75 FR [INSERT FR 

PAGE NUMBER], 

12/17/10. 

* * * * * * * 

Baotou Guanghua Chemical Industrial Corporation (Parent Organization: China National Nuclear Group Corporation 

(CNNC)), a.k.a., the following five aliases: 

—202 Plant, Baotou Nuclear Energy Facility; 

—Baotou Guanghua Chemical Industrial 

Corporation; 

—Baotou Guanghua Chemical Industry 

Company; 

For all items subject 

to the EAR having a 

classification other 

than EAR99.

See § 744.2(d) of this 

part.

66 FR 24266, 5/14/01. 

75 FR [INSERT FR 

PAGE NUMBER], 

12/17/10. 

—Baotou Nuclear Fuel Element Plant; and 

—China Nuclear Baotou Guanghua Chemical Industry Company.

202 Factory Baotou, Inner Mongolia.

Beijing Aerospace Automatic Control Institute (BICD), a.k.a., the following four 

aliases: 

—12th Research Institute China Academy of 

Launch Vehicle Technology (CALT); 

—Beijing Institute of Space Automatic Control; 

—Beijing Spaceflight Autocontrol Research 

Institute; and 

For all items subject 

to the EAR having a 

classification other 

than EAR99.

See § 744.3 of this 

part.

64 FR 28909, 5/28/99. 

75 FR [INSERT FR 

PAGE NUMBER], 

12/17/10. 

—China Aerospace Science and Technology 

Corp First Academy 12th Research Institute.

51 Yong Ding Road, Beijing.

Beijing Institute of Structure and Environmental Engineering (BISE), a.k.a., the following two aliases: 

—702nd Research Institute, China Academy 

of Launch Vehicle Technology (CALT); 

and 

—Beijing Institute of Strength and Environmental Engineering.

No. 30 Wanyuan Road, Beijing. 

For all items subject 

to the EAR having a 

classification other 

than EAR99.

See § 744.3 of this 

part.

64 FR 28909, 5/28/99. 

75 FR [INSERT FR 

PAGE NUMBER], 

12/17/10. 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 78889 

SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued 

Country Entity License 

requirement 

License 

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Federal 

Register 

citation 

Beijing Power Machinery Institute, a.k.a., the 

following three aliases: 

—31st Research Institute of China Aerospace Science and Industry Corp (CASIC) 

or China Haiying Electromechanical Technology Academy (a.k.a., China Haiying 

Science & Technology Corporation); 

For all items subject 

to the EAR.

See § 744.3(d) of this 

part.

66 FR 24266, 5/14/01. 

75 FR [INSERT FR 

PAGE NUMBER], 

12/17/10. 

—Beijing Power Generating Machinery Institute; and 

—Beijing Power Machinery Research Laboratory.

Beijing University of Aeronautics and Astronautics (BUAA), a.k.a., the following alias: 

—Beihang University. 

37 Xueyuan Road, Haidan District, Beijing. 

For all items subject 

to the EAR.

See § 744.3(d) of this 

part.

66 FR 24266, 5/14/01. 

70 FR 54629, 9/16/05. 

75 FR [INSERT FR 

PAGE NUMBER], 

12/17/10. 

* * * * * * * 

Chinese Academy of Engineering Physics, 

a.k.a., the following eighteen aliases: 

—Ninth Academy; 

—Southwest Computing Center; 

—Southwest Institute of Applied Electronics; 

—Southwest Institute of Chemical Materials; 

—Southwest Institute of Electronic Engineering; 

For all items subject 

to the EAR.

Case-by-case basis. 62 FR 35334, 6/30/97. 

66 FR 24266, 5/14/01. 

75 FR [INSERT FR 

PAGE NUMBER], 

12/17/10. 

—Southwest Institute of Environmental Testing; 

—Southwest Institute of Explosives and 

Chemical Engineering; 

—Southwest Institute of Fluid Physics; 

—Southwest Institute of General Designing 

and Assembly; 

—Southwest Institute of Machining Technology; 

—Southwest Institute of Materials; 

—Southwest Institute of Nuclear Physics and 

Chemistry (a.k.a., China Academy of Engineering Physics (CAEP)’s 902 Institute); 

—Southwest Institute of Research and Applications of Special Materials Factory; 

—Southwest Institute of Structural Mechanics; 

(all of preceding located in or near 

Mianyang, Sichuan Province); 

—Chengdu Electronic Science and Technology University (CUST); 

—The High Power Laser Laboratory, Shanghai; 

—The Institute of Applied Physics and Computational Mathematics, Beijing; and 

—University of Electronic Science and Technology of China, 901 Institute (No. 4, 2nd 

Section, North Jianshe Road, Chengdu, 

610054).

* * * * * * * 

First Department, Chinese Academy of 

Launch Vehicle Technology (CALT), 

a.k.a., the following three aliases: 

—1st General Design Department (a.k.a., 

Planning Department No. 1) of the China 

Aerospace Science & Technology Corporation’s First Academy (CALT); 

—Beijing Institute of Astronautic Systems 

Engineering; and 

For all items subject 

to the EAR.

See § 744.3(d) of this 

part.

66 FR 24266, 5/14/01. 

75 FR [INSERT FR 

PAGE NUMBER], 

12/17/10. 

—Beijing Institute of Space System Engineering.


srobinson on DSKHWCL6B1PROD with RULES
78890 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 

SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued 

Country Entity License 

requirement 

License 

review policy 

Federal 

Register 

citation 

*******

Northwest Institute of Nuclear Technology in 

the Science Research (NINT), Xi’an, 

Shanxi.

For all items subject 

to the EAR.

See § 744.2 of this 

part.

64 FR 28909, 5/28/99. 

75 FR [INSERT FR 

PAGE NUMBER], 

12/17/10. 

Northwestern Polytechnical University, a.k.a., 

the following three aliases: 

—Northwestern Polytechnic University; 

—Northwest Polytechnic University; and 

—Northwest Polytechnical University. 

127 Yonyi Xilu, Xi’an 71002 Shaanxi, China; 

and Youyi Xi Lu, Xi’an, Shaanxi, China.

For all items subject 

to the EAR having a 

classification other 

than EAR99 or a 

classification where 

the third through 

fifth digits of the 

ECCN are ‘‘999’’, 

e.g., XX999.

See § 744.3(d) of this 

part.

66 FR 24266, 5/14/01. 

75 FR [INSERT FR 

PAGE NUMBER], 

12/17/10. 

Shanghai Academy of Spaceflight Technology SAST), a.k.a., the following four 

aliases: 

—8th Research Academy of China Aerospace; 

—Shanghai Astronautics Industry Bureau; 

—Shanghai Bureau of Astronautics 

(SHBOA); and 

For all items subject 

to the EAR having a 

classification other 

than EAR99.

See § 744.3 of this 

part.

64 FR 28909, 5/28/99. 

75 FR [INSERT FR 

PAGE NUMBER], 

12/17/10. 

—Shanghai Bureau of Space.

Shanghai, Spaceflight Tower, 222 Cao Xi 

Road, Shanghai, 200233.

Shanghai Institute of Space Power Sources, 

a.k.a., the following three aliases: 

—811th Research Institute, 8th Academy, 

China Aerospace Science and Technology 

Corp (CASC); 

—Shanghai Space Energy Research Institute; and 

—Shanghai Space Power Supply Research 

Institute.

388 Cang Wu Road, Shanghai. 

For all items subject 

to the EAR having a 

classification other 

than EAR99.

See § 744.3 of this 

part.

64 FR 28909, 5/28/99. 

75 FR [INSERT FR 

PAGE NUMBER], 

12/17/10. 

Southwest Research Institute of Electronics 

Technology, a.k.a., the following three 

aliases: 

—10th Research Institute of China Electronic 

Technology Group Corp (CETC); 

—CETC 10th Research Institute; and 

—Southwest Institute of Electronic Technology (SWIET).

Chengdu. 

For all items subject 

to the EAR having a 

classification other 

than EAR99 or a 

classification where 

the third through 

fifth digits of the 

ECCN are ‘‘999’’, 

e.g., XX999.

See § 744.3(d) of this 

part.

66 FR 24267, 5/14/01. 

75 FR [INSERT FR 

PAGE NUMBER], 

12/17/10. 

* * * * * * * 

Xi’an Research Institute of Navigation Technology, a.k.a., the following two aliases: 

—20th Research Institute of China Electronic 

Technology Group Corp (CETC); and 

—CETC 20th Research Institute. 

For all items subject 

to the EAR having a 

classification other 

than EAR99.

See § 744.3(d) of this 

part.

66 FR 24267, 5/14/01. 

75 FR [INSERT FR 

PAGE NUMBER], 

12/17/10. 

Xiangdong Machinery Factory, within the 

China Aerospace Science and Industry 

Corp’s (CASIC) Third Academy (a.k.a., the 

following two aliases: China Haiying 

Electromechanical Technology Academy 

and China Haiying Science & Technology 

Corporation), a.k.a., the following four 

aliases: 

For all items subject 

to the EAR.

See § 744.3(d) of this 

part.

66 FR 24267, 5/14/01. 

75 FR [INSERT FR 

PAGE NUMBER], 

12/17/10. 

—239 Factory (a.k.a., 35th Research Institute); 

—Beijing Xinghang Electromechanical 

Equipment Factory; 

—Beijing Hangxing Machinery Manufacturing 

Corporation; and 

—Hangxing Machine Building Company.


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 78891 

SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued 

Country Entity License 

requirement 

License 

review policy 

Federal 

Register 

citation 

*******

RUSSIA ...................... All-Russian Scientific Research Institute of 

Technical Physics, a.k.a., the following ten 

aliases: 

—All-Russian Research Institute of Technical 

Physics; 

—All-Union Scientific Research Institute of 

Instrument Building (VNIIP); 

—ARITP; 

—Kasli; 

For all items subject 

to the EAR.

Case-by-case basis. 62 FR 35334, 6/30/97. 

66 FR 24267, 5/14/01. 

75 FR [INSERT FR 

PAGE NUMBER], 

12/17/10. 

—Russian Federal Nuclear Center; 

—Ural Nuclear Center, NII–1011; 

—VNIITF; and 

—Vserosslyskly Nauchhnoissledovatelnyy 

Institut Tekhnicheskoy Fiziki. 

P.O. Box 245, 456770, Snezhinsk, 

Chelyabinsk Region Russia. 

—Federal State Unitary Enterprise Russian 

Federal Nuclear Center—Academician E.I. 

Zababkhin All-Russian Scientific Research 

Institute of Technical Physics 

(FGUPRFYaTs–VNIITF); and 

—Chelyabinsk 70/Snezhinsk.

All-Union Scientific Research Institute of Experimental Physics, a.k.a., the following 

twelve aliases: 

—All Russian Research Institute of Experimental Physics; 

—ARIEP; 

—Arzamas-16; 

—Arzamas-75; 

For all items subject 

to the EAR.

Case-by-case basis. 62 FR 35334, 6/30/97. 

66 FR 24267, 5/14/01. 

75 FR [INSERT FR 

PAGE NUMBER], 

12/17/10. 

—Federal State Unitary Enterprise Russian 

Federal Nuclear Center—All Russian Scientific Research Institute of Experimental 

Physics (FGUPRFNCs VNIIEF); 

—Khariton Institute; 

—Russian Federal Nuclear Center; 

—VNIIEF; and 

—Vserossiyskiy Nauchno-Issledovatelskiy 

Institut Sperimentalnoy Fiziki).

37 Mira Ave. Sarov, Nizhny Novgorod Region, 607188 Russia.

—Avarngard Electromechanical Plant; 

—Moscow Center 300; and 

—Sarov Nuclear Weapons Plant.

Kremlev (Sarov).

*******

Federal Atomic Power of Russia (Rusatom) 

(any entities, institutes, or centers associated with), a.k.a., the following three 

aliases: 

—Federal Atomic Agency (FAAE); 

—MINATOM; and 

—Ministry of Atomic Power and Industry 

(MAPI).

Located in either Snezhinsk or Kremlev 

(Sarov).

For all items subject 

to the EAR.

Case-by-case basis. 62 FR 35334, 6/30/97. 

66 FR 24267, 5/14/01. 

75 FR [INSERT FR 

PAGE NUMBER], 

12/17/10. 

*******


srobinson on DSKHWCL6B1PROD with RULES
78892 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 

1 17 CFR 145.9. 

2See Dodd-Frank Wall Street Reform and 

Consumer Protection Act, Public Law 111–203, 124 

Stat. 1376 (2010), hereinafter cited as ‘‘Dodd-Frank 

Act.’’ The text of the Dodd-Frank Act may be 

accessed at http://www.cftc.gov/LawRegulation/ 

OTCDERIVATIVES/index.htm. 

3Pursuant to Section 701 of the Dodd-Frank Act, 

Title VII may be cited as the ‘‘Wall Street 

Transparency and Accountability Act of 2010.’’ 

4 7 U.S.C. 1 et seq. 

5The term ‘‘swap data repository’’ is defined in 

Section 1a(48) of the CEA to mean ‘‘any person that 

collects and maintains information or records with 

respect to transactions or positions in, or the terms 

and conductions of, swaps entered into by third 

parties for the purpose of providing a centralized 

recordkeeping facility for swaps.’’ 

Dated: December 13, 2010. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–31653 Filed 12–16–10; 8:45 am] 

BILLING CODE 3510–33–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 44 

RIN 3038–AD29 

Reporting Certain Post-Enactment 

Swap Transactions 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Interim final rule; request for 

comment. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’ or 

‘‘CFTC’’) is publishing for comment an 

interim final rule to implement new 

statutory provisions introduced by Title 

VII of the Dodd-Frank Wall Street 

Reform and Consumer Protection Act 

(‘‘Dodd-Frank Act’’). Section 723 of the 

Dodd-Frank Act amends Section 2 of the 

Commodity Exchange Act (‘‘CEA’’ or the 

‘‘Act’’) by adding new Section 2(h)(5)(B), 

which directs that rules adopted by the 

Commission under this section shall 

provide for the reporting of ‘‘transition’’ 

swaps—that is, swaps entered into on or 

after the date of enactment of the DoddFrank Act and prior to the effective date 

of swap data reporting rules to 

implement Section 2(h)(5)(B)—to a 

registered swap data repository (‘‘SDR’’) 

or to the Commission. Each category of 

data is subject to a reporting timetable 

specified in Section 2(h)(5). The 

Commission intends shortly to notice 

for comment substantive rules 

implementing the swap data reporting 

provisions of Section 2(h)(5)(B). In order 

to ensure the preservation of data 

pending implementation of such rules, 

the Commission is today adopting an 

interim final rule directing specified 

counterparties to post-enactment, or 

transition, swap transactions entered 

into prior to the effective date of the 

swap data reporting and recordkeeping 

rules implementing Section 2(h)(5)(B) of 

the CEA to retain information pertaining 

to the terms of such swaps. 

DATES: This interim final rule is 

effective December 17, 2010. Comments 

on all aspects of the interim final rule 

must be received on or before January 

18, 2011. 

ADDRESSES: You may submit comments, 

identified by RIN number 3038–AD29, 

by any of the following methods: 

• Agency Web Site: via its Comments 

Online process: 

http://comments.cftc.gov. Follow the 

instructions for submitting comments 

through the Web site. 

• Mail: Address to David A. Stawick, 

Secretary of the Commission, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. 

• Hand Delivery/Courier: Same as 

mail above. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

All comments must be submitted in 

English or, if not, accompanied by an 

English translation. Comments will be 

posted as received to http:// 

www.cftc.gov. You should submit only 

information that you wish to make 

available publicly. If you wish the 

Commission to consider information 

that is exempt from disclosure under the 

Freedom of Information Act, a petition 

for confidential treatment of the exempt 

information may be submitted according 

to the procedures established in § 145.9 

of the Commission’s Regulations.1

The Commission reserves the right, 

but shall have no obligation, to review, 

pre-screen, filter, redact, refuse or 

remove any or all of your submission 

from http://www.cftc.gov that it may 

deem to be inappropriate for 

publication, such as obscene language. 

All submissions that have been redacted 

or removed that contain comments on 

the merits of the rulemaking will be 

retained in the public comment file and 

will be considered as required under the 

Administrative Procedure Act and other 

applicable laws, and may be accessible 

under the Freedom of Information Act. 

FOR FURTHER INFORMATION CONTACT: 

Susan Nathan, Senior Special Counsel, 

Division of Market Oversight, 

Commodity Futures Trading 

Commission, 1155 21st Street, NW., 

Washington, DC 20581, at (202) 418– 

5133. 

SUPPLEMENTARY INFORMATION: The 

Commission is adopting an interim final 

rule under part 44 of its regulations 

under the Commodity Exchange Act and 

is soliciting comments on all aspects of 

the rule. The Commission will carefully 

consider all comments received and will 

address them, as applicable, in 

connection with the permanent 

reporting rules to be adopted under the 

Dodd-Frank Act. 

I. Background 

On July 21, 2010, President Obama 

signed into law the Dodd-Frank Wall 

Street Reform and Consumer Protection 

Act (‘‘Dodd-Frank Act’’).2 Title VII of the 

Dodd-Frank Act 3 amended the 

Commodity Exchange Act (‘‘CEA’’ or the 

‘‘Act’’) 4 to establish a comprehensive 

new regulatory framework for swaps 

and security-based swaps. The 

legislation was enacted to reduce risk, 

increase transparency, and promote 

market integrity within the financial 

system by, among other things: 

(1) Providing for the registration and 

comprehensive regulation of swap 

dealers and major swap participants; 

(2) imposing clearing and trade 

execution requirements on standardized 

derivative products; (3) creating robust 

recordkeeping and real-time reporting 

regimes; and (4) enhancing the 

Commission’s rulemaking and 

enforcement authorities with respect to, 

among others, all registered entities and 

intermediaries subject to the 

Commission’s oversight. 

Among other things, the Dodd-Frank 

Act requires that swaps be reported to 

a registered SDR 5 or to the Commission 

if there is no registered SDR that would 

accept the swap. Section 723 of the 

Dodd-Frank Act adds to the CEA new 

Section 2(h)(5)(B), to require that 

transition swaps be reported to a 

registered SDR or the Commission 

according to specified timetables. As 

described below, pursuant to its 

authority under Sections 4r and 

2(h)(5)(A) of the CEA the Commission 

previously has adopted an interim final 

rule addressing the reporting timetable 

for swaps entered into prior to the 

enactment of the Dodd-Frank Act the 

terms of which had not expired by that 

date. 

Separately, Section 729 of the DoddFrank Act established in new Section 

4r(a)(2)(A) a transition rule applicable to 

pre-enactment swaps, providing for the 

reporting, by a date certain, of each 

swap entered into before the date of 

enactment of the Dodd-Frank Act, the 


srobinson on DSKHWCL6B1PROD with RULES