This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

78151 

Vol. 75, No. 240 

Wednesday, December 15, 2010 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Parts 271, 272, 273, and 276 

[FNS–2008–0034] 

RIN 0584–AD25 

Supplemental Nutrition Assistance 

Program (SNAP): Clarifications and 

Corrections to Recipient Claim 

Establishment and Collection 

Standards 

AGENCY: Food and Nutrition Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: Supplemental Nutrition 

Assistance Program (SNAP) recipient 

claims are established and collected 

against households that receive more 

benefits than they are entitled to 

receive. This rulemaking corrects and 

clarifies provisions of the final rule on 

recipient claims published at 65 FR 

41752 on July 6, 2000. The purposes of 

this final rulemaking are to remove a 

definition and several provisions that 

were made obsolete by the final rule; 

correct the typographical errors; correct 

the omission of the requirement that a 

copy of the claims management plan be 

submitted to the FNS Regional Office for 

informational purposes; reinforce 

current practices and requirements in 

the areas of fair hearings, fees, due 

dates, delinquent claims, retention, 

claim referrals, negligence and fraud; 

make conforming changes needed as a 

result of a subsequent rulemaking 

pertaining to a sponsor’s responsibility 

for overissuances of an alien household; 

and to remove an overpayment 

exception that is no longer applicable to 

the Program. 

DATES: This rule is effective January 14, 

2011. 

FOR FURTHER INFORMATION CONTACT: Jane 

Duffield, State Administration Branch, 

Program Accountability and 

Administration Division, Food and 

Nutrition Service, USDA, 3101 Park 

Center Drive, Room 818, Alexandria, 

Virginia 22302. Telephone: (703) 605– 

4385. Internet: 

jane.duffield@fns.usda.gov. 

SUPPLEMENTARY INFORMATION: On April 

2, 2009 (74 FR 14935), the Department 

published a proposed rule clarifying 

and correcting provisions of the final 

rule on recipient claims published at 65 

FR 41752, July 6, 2000. One comment 

was received on the proposed rule. The 

comment addressed fair hearing and 

due process rights of recipients who are 

subject to a claim. Because these issues 

are not being considered in this 

rulemaking, we have not addressed the 

comment in this final rule. Therefore, 

without exception, the Department is 

adopting the proposed rule as final. 

I. Procedural Matters 

Executive Order 12866 

This final rule has been determined to 

be not significant and was not reviewed 

by the Office of Management and 

Budget under Executive Order 12866. 

Regulatory Flexibility Act 

This rule has been reviewed with 

regard to the requirements of the 

Regulatory Flexibility Act of 1980 (5 

U.S.C. 601–612). It has been certified 

that this rule will not have a significant 

impact on a substantial number of small 

entities. State and local welfare agencies 

will be the most affected to the extent 

that they administer the Program. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995, Public Law 104–4 

(UMRA), establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and Tribal governments and the private 

sector. Under Section 202 of UMRA, 

FNS generally must prepare a written 

statement, including a cost benefit 

analysis, for proposed and final rules 

with Federal mandates that may result 

in expenditures to State, local, or Tribal 

governments, in the aggregate, or to the 

private sector, of $100 million or more 

in any one year. When such a statement 

is needed for a rule, section 205 of the 

UMRA generally requires FNS to 

identify and consider a reasonable 

number of regulatory alternatives and 

adopt the least costly, more costeffective or least burdensome alternative 

that achieves the objectives of the rule. 

This rule contains no Federal 

mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State, local, and Tribal governments or 

the private sector of $100 million or 

more in any one year. This rule is 

therefore, not subject to the 

requirements of sections 202 and 205 of 

the UMRA. 

Executive Order 12372 

SNAP is listed in the Catalog of 

Federal Domestic Assistance under No. 

10.551. For the reasons set forth in the 

final rule in 7 CFR part 3015, Subpart 

V and related Notice (48 FR 29,115, June 

24, 1983), this Program is excluded from 

the scope of Executive Order 12372 that 

requires intergovernmental consultation 

with State and local officials. 

Executive Order 13132 

Executive Order 13132 requires 

Federal agencies to consider the impact 

of their regulatory actions on State and 

local governments. Where such actions 

have federalism implications, agencies 

are directed to provide a statement for 

inclusion in the preamble to the 

regulations describing the agency’s 

considerations in terms of the three 

categories called for under Section 

(6)(b)(2)(B) of Executive Order 13132. 

FNS has considered this rule’s impact 

on State and local agencies and has 

determined that it does not have 

federalism implications under Executive 

Order 13132. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is intended to have 

preemptive effect with respect to any 

State or local laws, regulations or 

policies which conflict with its 

provisions or which would otherwise 

impede its full implementation. As 

addressed in the Dates paragraph, with 

the exception of providing an 

informational copy of the claims 

management plan, the provisions are 

already in force. Prior to any judicial 

challenge to the provisions of this rule 

or the application of its provisions, all 

applicable administrative procedures 

must be exhausted. 

Civil Rights Impact Analysis 

FNS has reviewed this final rule in 

accordance with the Department 


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78152 Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / Rules and Regulations 

Regulation 4300–4, ‘‘Civil Rights Impact 

Analysis,’’ to identify and address any 

major civil rights impacts the rule might 

have on minorities, women, and persons 

with disabilities. After a careful review 

of the rule’s intent and provisions, and 

the characteristics of SNAP households 

and individual participants, FNS has 

determined that there are no civil rights 

impacts in this final rule. All data 

available to FNS indicate that protected 

individuals have the same opportunity 

to participate in SNAP as non-protected 

individuals. 

FNS specifically prohibits the State 

and local government agencies that 

administer the Program from engaging 

in actions that discriminate against any 

application or participant in any aspect 

of Program administration, including, 

but not limited to, the certification of 

households, the issuance of benefits, the 

conduct of fair hearings, or the conduct 

of any other Program service for reasons 

of age, race, color, sex, handicap, 

religious creed, national origin, or 

political beliefs. SNAP 

nondiscrimination policy can be found 

at 7 CFR 272.6(a). Discrimination in any 

aspect of Program administration is 

prohibited by these regulations, the 

Food and Nutrition Act of 2008, the Age 

Discrimination Act of 1975 (Pub. L. 94– 

135), the Rehabilitation Act of 1973 

(Pub. L. 93–112, section 504), and Title 

VI of the Civil Rights Act of 1964 (42 

U.S.C. 2000(d)). Where State agencies 

have options, and they choose to 

implement a certain provision, they 

must implement it in such a way that it 

complies with the regulations at 7 CFR 

272.6. Enforcement action may be 

brought under any applicable Federal 

law. Title VI complaints shall be 

processed in accord with 7 CFR part 15. 

Executive Order 13175 

USDA will undertake, within 6 

months after this rule becomes effective, 

a series of Tribal consultation sessions 

to gain input by elected Tribal officials 

or their designees concerning the impact 

of this rule on Tribal governments, 

communities and individuals. These 

sessions will establish a baseline of 

consultation for future actions, should 

any be necessary, regarding this rule. 

Reports from these sessions for 

consultation will be made part of the 

USDA annual reporting on Tribal 

Consultation and Collaboration. USDA 

will respond in a timely and meaningful 

manner to all Tribal government 

requests for consultation concerning 

this rule and will provide additional 

venues, such as webinars and 

teleconferences, to periodically host 

collaborative conversations with Tribal 

leaders and their representatives 

concerning ways to improve this rule in 

Indian country. The policies contained 

in this rule would not have Tribal 

implications that preempt Tribal law. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. Chap. 35; see 5 CFR part 

1320) requires that the Office of 

Management and Budget (OMB) 

approve all collections of information 

by a Federal agency from the public 

before they can be implemented. 

Respondents are not required to respond 

to any collection of information unless 

it displays a current valid OMB control 

number. Information collections in this 

final rule have been previously 

approved under OMB Nos. 0584–0069, 

expiration date 8/2012, 0584–0446, 

expiration date 2/2013 and 0584–0492, 

expiration date 7/2011. 

FNS–209 Report (OMB No. 0584–0069) 

Claims activity is reported by State 

agencies on the Status of Claims Against 

Households (FNS–209) report. The OMB 

approved the information collection 

requirements for completing and 

submitting the FNS–209 report under 

OMB Control Number 0584–0069. This 

rule does not change this burden. 

Federal Collection Methods for 

Supplemental Nutrition Assistance 

Program Recipient Claims (0584–0446) 

The information collection burden for 

Federal collections of recipient claims is 

covered under OMB Control Number 

0584–0446. This rule makes some 

changes to those requirements. This rule 

does not change this burden. 

Repayment Demand and Program 

Disqualification (0584–0492) 

The burden associated with providing 

notice and demand for payment to 

households has been approved under 

OMB Control Number 0584–0492. This 

rule does not change this burden. 

E-Government Act Compliance 

FNS is committed to compliance with 

the E-Government Act of 2002 (Pub. L. 

107–347) (E-Gov), to promote the use of 

the internet and other information 

technologies to provide increased 

opportunities for citizen access to 

government information and services, 

and for other purposes to the extent 

possible. 

II. Background 

Prior to the July 6, 2000 final rule, the 

last major revision to the SNAP 

recipient claim regulations was in 1983. 

The July 6, 2000 final rule accomplished 

several specific objectives while 

updating the SNAP recipient claims 

regulations. First, it incorporated 

changes mandated by the Personal 

Responsibility and Work Opportunity 

Reconciliation Act of 1996 (Pub. L. 104– 

193). Second, it streamlined the 

presentations of our policies, and in 

some cases, the policies themselves. 

Third, it incorporated Federal debt 

management regulations and statutory 

revisions into recipient claim 

management. Finally, that rule provided 

State agencies with additional tools to 

facilitate the establishment, collections 

and disposition of recipient claims. 

Purpose of this Rule 

This rulemaking corrects and clarifies 

provisions of the July 6, 2000 final rule 

on recipient claims published at 65 FR 

41752, July 6, 2000. This rule does not 

create new standards for establishing 

and collecting SNAP recipient claims. 

Rather, consistent with what we 

indicated in our proposals, this 

rulemaking clarifies areas of the final 

rule, as published, to reflect 

longstanding policy. Additionally, this 

rule makes minor technical changes and 

corrects typographical errors. With this 

final rule we continue to improve 

claims management in SNAP while 

affirming our longstanding position that 

State agencies have a great amount of 

flexibility in their efforts to increase 

claim collection. 

Areas of Policy Clarification 

The following policy areas are being 

clarified in this rulemaking: fair 

hearings, fees, due dates, delinquency 

date, retention of collections, and claim 

referral timeframes. All of these policy 

areas fall within 7 CFR 273.18. 

Claims and Fair Hearings 

Section 11(e)(10) of the Food and 

Nutrition Act of 2008, as amended (7 

U.S.C. 2020(e)(10)) specifically provides 

for a fair hearing when a claim for an 

over issuance is established against a 

household. We are concerned that the 

omission of the word ‘‘fair’’ in 

paragraphs 273.18(e)(3)(iii) and 

273.18(e)(3)(iv)(I) could inadvertently 

deprive a household of its due process 

rights. Therefore, we are adding the 

word ‘‘fair’’ into the regulatory text. By 

adding this text, we are affirming the 

household’s right to a fair hearing. 

Due Dates 

In accordance with paragraph 

273.18(e)(3)(iv), when a claim is 

established, the State issues an initial 

notification letter or demand letter to 

the household. Among other things, 

current rules require that the initial 

notification letter include a due date or 

time frame to either repay or make 


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Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / Rules and Regulations 78153 

arrangements to repay the claim unless 

the State agency is going to impose 

allotment reduction. However, we 

recognize that households that may 

initially repay their claims through 

allotment reduction may at some point 

cease to receive benefits. In order to 

ensure that all households are treated 

fairly, we expect that these households 

will be notified of a due date or time 

frame to either repay or make 

arrangements to repay the claim should 

they cease to receive benefits while they 

have an outstanding claim. Therefore, 

we are adding new language at 

paragraph 273.18(e)(3)(iv)(O) that 

reinforces this expectation that all 

households be notified of a due date in 

the initial notification letter. 

Delinquency Date 

FNS is required by the Debt 

Collection Improvement Act of 1996 

(Pub. L. 104–134), to submit eligible 

SNAP recipient debts to the Treasury 

Offset Program (TOP) for collection. One 

of the requirements is that a SNAP 

recipient debt must be at least 180 days 

delinquent in order to be submitted to 

TOP. We consider the starting point for 

counting the 180 days to be the 

delinquency date. We intend that the 

delinquency date, once established, 

remain the same throughout the 

existence of the claim. The change in 

regulatory text contained in this 

rulemaking at paragraph 273.18(e)(5)(iii) 

emphasizes that post-delinquency 

repayment agreements do not alter the 

delinquency date. 

Retention of Claims 

Section 16(a) of the Food and 

Nutrition Act of 2008 (7 U.S.C. 2024(a)) 

permits States to retain 35 percent 

collected for Intentional Program 

Violation (IPV) claims and 20 percent 

for Inadvertent Household Error (IHE) 

claims. We are adding provisions at 

paragraph 273.18(k)(2) to clarify that 

there is no retention by the State in 

situations where payments are not 

returned to the State because the 

household is ordered by a court to 

perform community service in lieu of a 

claim or in situations where payments 

made to a court are not forwarded to the 

State. This was inadvertently not 

addressed in the July 6, 2000, 

rulemaking. 

Claim Referral and Establishment 

Under the Claim Referral Management 

section at paragraph 273.18(d), State 

agencies have a standard timeframe for 

establishing claims. These timeframes 

are intended to be used primarily as a 

management tool by States to prevent 

the backlog of claims and to reinforce 

our expectation that States run an 

efficient and effective claims 

management system. States have always 

had the option to develop and follow 

their own claims referral management 

plan. We do not consider recipient 

claims that have been established 

outside of these timeframes invalid 

claims. However, claims that are 

established timely have a better chance 

of being collected. Therefore, we are 

adding a paragraph at paragraph 

273.18(d)(3) that clarifies FNS’s position 

that States must establish SNAP 

recipient claims even if they cannot be 

established within the referral 

management timeframes outlined in 

paragraph 273.18(d). 

Additional Actions of this Regulation 

Other final actions included in this 

rule are corrections as a result of 

typographical errors and changes that 

were neglected at the time of the July 6, 

2000 rulemaking; removal of the 

definition for ‘‘Claims Collection Point’’’ 

from § 271.2 because the term is no 

longer used; addition of the requirement 

at paragraph 272.2(d)(1)(x) for State 

agencies to submit an informational 

copy of the claims management plan to 

the FNS regional office; changes to 

conform paragraph 273.18(a)(4) to 

subsequent changes made by the 

November 21, 2000 (65 FR 70134) final 

regulation on sponsored aliens, which 

eliminated the sponsor’s liability for 

overpayments of the alien household’s 

benefits; and removal of the exception 

to overpayments caused by households 

transacting Authorization to Participate 

(ATP) cards, as they are no longer used 

in the Program. 

List of Subjects 

7 CFR Part 271 

SNAP, Grant programs—social 

programs, Reporting and recordkeeping 

requirements. 

7 CFR Part 272 

Alaska, Civil rights, SNAP, Grant 

programs—social programs, Reporting 

and recordkeeping requirements. 

7 CFR Part 273 

Administrative practice and 

procedure, Aliens, Claims, SNAP, 

Fraud, Grant programs—social 

programs, Penalties, Reporting and 

recordkeeping requirements, Social 

Security, Students. 

7 CFR Part 276 

Administrative practice and 

procedure, SNAP, Fraud, Grant 

programs—social programs. 

■ Accordingly, 7 CFR parts 271, 272, 

273, and 276 are amended as follows: 

■ 1. The authority citation for parts 271, 

272, 273 and 276 continues to read as 

follows: 

Authority: 7 U.S.C. 2011 through 2036. 

PART 271—GENERAL INFORMATION 

AND DEFINITIONS 

§ 271.2 [Amended] 

■ 2. In § 271.2, remove the definition for 

‘‘Claims Collection Point’’. 

PART 272—REQUIREMENTS FOR 

PARTICIPATING STATE AGENCIES 

■ 3. In § 272.2 revise paragraph (d)(1)(x) 

to read as follows. 

§ 272.2 Plan of operation. 

* * * * * 

(d) * * * 

(1) * * * 

(x) Claims Management Plan as 

required by § 273.18(a)(3) to be 

submitted for informational purposes 

only; not subject to approval as part of 

the plan submission procedures under 

paragraph (e) of this section. 

* * * * * 

PART 273—CERTIFICATION OF 

ELIGIBLE HOUSEHOLDS 

■ 4. In § 273.18: 

■ a. Remove paragraph (a)(4)(ii) and 

redesignate (a)(4)(iii) as (a)(4)(ii); 

■ b. Amend paragraph (b)(3) by 

removing the last sentence; 

■ c. Amend paragraph (c)(1)(ii)(D) by 

removing ‘‘(e)(1)(ii)(C)’’ and adding in its 

place ‘‘(c)(1)(ii)(C)’’; 

■ d. Add paragraph (d)(3); 

■ e. Amend paragraph (e)(1) by 

removing ‘‘(g)(2)’’ and adding in its place 

‘‘(e)(2)’’; 

■ f. Remove ‘‘a hearing’’ and add in its 

place ‘‘a fair hearing’’ in paragraphs 

(e)(3)(iii) and (e)(3)(iv)(I); 

■ g. Redesignate paragraph (e)(3)(iv)(O) 

as (e)(3)(iv)(P) and add a new paragraph 

(e)(3)(iv)(O); 

■ h. Revise the first sentence of 

paragraph (e)(5)(iii); 

■ i. Revise paragraph (k)(2). 

■ The additions and revisions read as 

follows: 

§ 273.18 Claims against households. 

* * * * * 

(d) * * * 

(3) States must establish claims even 

if they cannot be established within the 

timeframes outlined under paragraph 

(d) of this section. 

(e) * * * 

(3) * * * 

(iv) * * * 

(O) If allotment reduction is to be 

imposed, a due date or time frame to 

either repay or make arrangements to 


emcdonald on DSK2BSOYB1PROD with RULES
78154 Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / Rules and Regulations 

repay the claim in the event that the 

household stops receiving benefits. 

* * * * * 

(5) * * * 

(iii) The date of delinquency for a 

claim covered under paragraph 

(e)(5)(i)(B) of this section is the due date 

of the missed installment payment 

unless the claim was delinquent prior to 

entering into a repayment agreement, in 

which case the due date will be the due 

date on the initial notification/demand 

letter. * * * 

* * * * * 

(k) * * * 

(2) These rates do not apply to: 

(i) Any reduction in benefits when 

you disqualify someone for an IPV; 

(ii) The value of court-ordered public 

service performed in lieu of the 

payment of a claim; or 

(iii) Payments made to a court that are 

not subsequently forwarded as payment 

of an established claim. 

* * * * * 

PART 276—STATE AGENCY 

LIABILITIES AND FEDERAL 

SANCTIONS 

§ 276.2 [Amended] 

■ 5. In § 276.2, amend paragraph (c) by 

removing ‘‘273.18(h)’’ and adding in its 

place ‘‘273.18(l)’’. 

Dated: December 2, 2010. 

Julia Paradis, 

Administrator, Food and Nutrition Service. 

[FR Doc. 2010–31459 Filed 12–14–10; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 730, 734, 736, 742, 744, 

and 745 

[Docket No. 101118556–0556–02] 

RIN 0694–AF05 

Updated Statements of Legal Authority 

To Reflect Continuation of Emergency 

Declared in Executive Order 12938 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule updates the Code of 

Federal Regulations (CFR) legal 

authority citations for the Export 

Administration Regulations (EAR) to 

replace citations to the President’s 

Notice of November 6, 2009, 

Continuation of Emergency Regarding 

Weapons of Mass Destruction, with 

citation to the President’s Notice of 

November 4, 2010 on the same subject. 

This rule also updates the authority 

citation for one executive order to 

reflect the compilation of that executive 

order into title 3 of the CFR. BIS is 

making these changes to keep the CFR’s 

legal authority citations for the EAR 

current. 

DATES: Effective Date: December 15, 

2010. 

ADDRESSES: Comments concerning this 

rule should be sent to 

publiccomments@bis.doc.gov, or to 

Regulatory Policy Division, Bureau of 

Industry and Security, Room H2705, 

U.S. Department of Commerce, 

Washington, DC 20230. Please refer to 

regulatory identification number (RIN) 

0694–AF05 in all comments, and in the 

subject line of e-mail comments. 

FOR FURTHER INFORMATION CONTACT: 

William Arvin, Regulatory Policy 

Division, Bureau of Industry and 

Security, telephone: (202) 482–2440. 

SUPPLEMENTARY INFORMATION: 

Background 

In Executive Order 12938 of 

November 14, 1994 (59 FR 59099, 3 

CFR, 1994 Comp., p. 950), the President 

declared a national emergency with 

respect to the unusual and extraordinary 

threat to the national security, foreign 

policy and economy of the United States 

posed by the proliferation of nuclear, 

biological and chemical weapons and 

the means of delivering such weapons. 

That emergency has been continued in 

effect through successive annual 

presidential notices. The authority for 

parts 730, 734, 736, 742, 744 and 745 of 

the EAR (15 CFR parts 730, 734, 736, 

742, 744 and 745) rests in part on E.O. 

12938, as amended, and on the 

successive annual notices continuing 

the emergency. This rule revises the 

authority citations in those parts of the 

CFR to cite the notice of November 4, 

2010, which is the most recent such 

annual Presidential notice, and to 

remove the citation to the notice of 

November 6, 2009 on the same topic. 

The authority for parts 730 and 736 of 

the EAR also rests in part on Executive 

Order 13338 of May 11, 2004, Blocking 

Property of Certain Persons and 

Prohibiting the Export of Certain Goods 

to Syria. This rule adds the title 3 CFR 

citation for that executive order to parts 

730 and 736 to reflect the fact the E.O. 

13338 has been codified into title 3 of 

the CFR. 

BIS is making these revisions so that 

title 15 of the CFR will cite the current 

authority for the parts mentioned above. 

This rule is purely procedural, and 

makes no changes other than to revise 

CFR authority citations paragraphs. It 

does not change the text of any section 

of the EAR, nor does it alter any right, 

obligation or prohibition that applies to 

any person under the EAR. 

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 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 of 1995 (PRA), 44 U.S.C. 

3501 et seq., unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This rule does 

not involve any collection of 

information. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. The Department finds that there is 

good cause under 5 U.S.C. 553(b)(3)(B) 

to waive the provisions of the 

Administrative Procedure Act requiring 

prior notice and the opportunity for 

public comment because they are 

unnecessary. This rule only updates 

legal authority citations and is nondiscretionary. This rule does not alter 

any right, obligation or prohibition that 

applies to any person under the EAR. 

Because these revisions are not 

substantive changes, it is unnecessary to 

provide notice and opportunity for 

public comment. In addition, the 30-day 

delay in effectiveness required by 5 

U.S.C. 553(d) is not applicable because 

this rule is not a substantive rule. 

Because neither the Administrative 

Procedure Act nor any other law 

requires that notice of proposed 

rulemaking and an opportunity for 

public comment be given for this rule, 

the analytical requirements of the 

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

et seq.) are not applicable. 

List of Subjects 

15 CFR Part 730 

Administrative practice and 

procedure, Advisory committees, 

Exports, Reporting and recordkeeping 

requirements, Strategic and critical 

materials. 

15 CFR Part 734 

Administrative practice and 

procedure, Exports, Inventions and 

patents, Research, Science and 

technology. 

15 CFR Part 736 

Exports. 


emcdonald on DSK2BSOYB1PROD with RULES