7102 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: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2011–04–02 Hamilton Sundstrand 

Corporation: Amendment 39–16602; 

Docket No. FAA–2009–0113; Directorate 

Identifier 2008–NE–25–AD. 

Effective Date 

(a) This AD is effective March 16, 2011. 

Affected ADs 

(b) None. 

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 

(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] 

BILLING CODE 4910–13–P 

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 


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Federal Register / Vol. 76, No. 27 / Wednesday, February 9, 2011 / Rules and Regulations 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 § 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 

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; 

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 

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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Federal Register / Vol. 76, No. 27 / Wednesday, February 9, 2011 / Rules and Regulations 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 

■ 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 

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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7106 Federal Register / Vol. 76, No. 27 / Wednesday, February 9, 2011 / Rules and Regulations 

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. 

SUMMARY: 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: 

Electronic Submissions 

Submit electronic objections in the 

following ways: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

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 http:// 

www.regulations.gov, including any 

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 http:// 

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 

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 


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