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

62675 

Vol. 75, No. 197 

Wednesday, October 13, 2010 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 772 and 774 

[Docket No. 100413184–0299–01] 

RIN 0694–AE91 

Wassenaar Arrangement 2009 Plenary 

Agreements Implementation: 

Categories 1, 2, 3, 4, 5 Part I, 6, 7, and 

9 of the Commerce Control List, 

Definitions, Reports; Correction 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Correcting amendments. 

SUMMARY: The Bureau of Industry and 

Security (BIS) published a final rule in 

the Federal Register on Tuesday, 

September 7, 2010 (75 FR 54271) that 

revised the Export Administration 

Regulations (EAR) by amending entries 

for certain items that are controlled for 

national security reasons in Categories 

1, 2, 3, 4, 5 Part I (telecommunications), 

6, 7, and 9; adding new entries to the 

Commerce Control List; revising 

reporting requirements; and adding and 

amending EAR Definitions. That final 

rule contained errors that affected 

Export Control Classification Numbers 

(ECCNs) 6A005, 6A008, and 9A001, as 

well as the definition of ‘‘energetic 

materials.’’ In addition, that final rule’s 

preamble erroneously identified ECCN 

6E993 as one of the ECCNs that was 

revised in the rule’s text. This document 

corrects these errors. 

DATES: Effective Date: This rule is 

effective: October 13, 2010. 

FOR FURTHER INFORMATION CONTACT: For 

general questions contact Sharron Cook, 

Office of Exporter Services, Bureau of 

Industry and Security, U.S. Department 

of Commerce at (202) 482–2440 or by 

e-mail: scook@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 7, 2010, the final rule, 

‘‘Wassenaar Arrangement 2009 Plenary 

Agreements Implementation: Categories 

1, 2, 3, 4, 5 Part I, 6, 7, and 9 of the 

Commerce Control List, Definitions, 

Reports’’ was published in the Federal 

Register (75 FR 54271). The preamble of 

the September 7th rule listed ECCN 

6E993 as one of the ECCNs that was 

revised, but it was not, in fact, revised 

by the rule. Through publication of this 

rule, BIS is clarifying that ECCN 6E993 

was not revised by the September 7th 

rule. The September 7th rule also added 

an incomplete definition for ‘‘energetic 

materials’’ in section 772.1. This rule 

corrects that error by adding the missing 

text to the definition. 

In the Commerce Control List, the rule 

did not remove a note after 6A008.f that 

had been moved to the items paragraph 

of ECCN 6A008. This rule removes the 

note after 6A008.f. Also, the rule listed 

an incorrect citation of ‘‘6.A.5.d.1.d’’ 

instead of ‘‘6A005.d.1.d’’ in 6A005.d.1.e; 

this rule corrects this citation. The rule 

also included two incomplete citations 

in the introductory text of ECCN 

9A001.a; this rule replaces the citations 

‘‘.a or .h’’ with ‘‘9E003.a or 9E003.h’’. 

Rulemaking Requirements 

1. This final 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 (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 rule 

involves two collections of information 

subject to the PRA. One of the 

collections has been approved by OMB 

under control number 0694–0088, 

‘‘Multi Purpose Application,’’ and 

carries a burden hour estimate of 58 

minutes for a manual or electronic 

submission. The other of the collections 

has been approved by OMB under 

control number 0694–0106, ‘‘Reporting 

and Recordkeeping Requirements under 

the Wassenaar Arrangement,’’ and 

carries a burden hour estimate of 21 

minutes for a manual or electronic 

submission. Send comments regarding 

these burden estimates or any other 

aspect of these collections of 

information, including suggestions for 

reducing the burden, to OMB Desk 

Officer, New Executive Office Building, 

Washington, DC 20503; and to Jasmeet 

Seehra, OMB Desk Officer, by e-mail at 

Jasmeet_K._Seehra@omb.eop.gov or by 

fax to (202) 395–7285; and to the Office 

of Administration, Bureau of Industry 

and Security, Department of Commerce, 

14th and Pennsylvania Avenue, NW., 

Room 6622, Washington, DC 20230. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under 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 

participation, and a delay in effective 

date, are inapplicable because this 

regulation involves a military and 

foreign affairs function of the United 

States (5 U.S.C. 553(a)(1)). The changes 

contained in this rule are nonsubstantive technical corrections of a 

previously published rule that has 

already been exempted from notice and 

comment and delay in effective date 

provisions because the content of the 

September 7, 2010 rule involves a 

military and foreign affairs function of 

the United States (5 U.S.C. 553(a)(1)). 

The corrections contained in this final 

rule are essential to ensuring the 

accurate and complete implementation 

of the September 7th rule. 

Further, no other law requires that a 

notice of proposed rulemaking and an 

opportunity for public comment be 

given for this final rule. Because a 

notice of proposed rulemaking and an 

opportunity for public comment are not 

required to be given for this rule under 

the Administrative Procedure Act or by 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

not applicable. Therefore, this 

regulation is issued in final form. 

Although there is no formal comment 

period, public comments on this 

regulation are welcome on a continuing 

basis. Comments should be submitted to 

Sharron Cook, Office of Exporter 

Services, Bureau of Industry and 

Security, Department of Commerce, 

14th and Pennsylvania Ave., NW., 

Room 2705, Washington, DC 20230. 


jdjones on DSK8KYBLC1PROD with RULES
62676 Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Rules and Regulations 

1 20 CFR 404.900 and 416.1400. 

2 20 CFR 404.1615(c)(1) and 416.1015(c)(1). 

3 20 CFR 404.1615(c)(2) and 416.1015(c)(2). In 

some States, we are testing a modification to the 

disability determination procedures that allows 

State agency disability examiners called ‘‘single 

decisionmakers’’ (SDM) to make both favorable and 

unfavorable determinations alone in some cases; 

that is, without working in a team with a medical 

or psychological consultant. 20 CFR 404.906(b)(2) 

and 416.1406(b)(2). We are continuing that testing. 

However, the changes in these final rules apply in 

all States, including SDM States. They allow SDMs 

and other disability examiners to make fully 

favorable determinations alone in QDD and 

compassionate allowance claims. 

4 20 CFR 404.1619 and 416.1019. Our data 

demonstrate that the model is working as we 

intend. See, for example, ‘‘Good Practices in Social 

Security: The Quick Disability Determination (QDD) 

and Compassionate Allowances (CAL) Initiatives: A 

case of the Social Security Administration,’’ 

International Social Security Association (ISSA), 

2009, available at: http://www.issa.int/aiss/ 

Observatory/Good-Practices/The-Quick-DisabilityDetermination-QDD-and-CompassionateAllowances-CAL-Initiatives. In that paper, we 

reported to ISSA that the processing time for QDD 

allowances is about 12 days. 

5 20 CFR part 404 subpart P appendix 1, which 

also applies to title XVI under 20 CFR 416.925. 

6 20 CFR 404.1520(a)(4)(iii) and (d) and 

416.920(a)(4)(iii) and (d). 

7See, generally, http://www.socialsecurity.gov/ 

compassionateallowances/. In October 2008, we 

issued an initial list of 50 conditions that we 

consider for compassionate allowance. See http:// 

www.socialsecurity.gov/compassionateallowances/ 

conditions.htm. We created this list based on input 

List of Subjects 

15 CFR Part 772 

Exports. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

■ Accordingly, Parts 772 and 774 of the 

Export Administration Regulations (15 

CFR Parts 730–774) are amended as 

follows: 

PART 772—[AMENDED] 

■ 1. The authority citation for Part 772 

continues to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

12, 2010, 75 FR 50681 (August 16, 2010). 

■ 2. Section 772.1 is amended by adding 

the phrase ‘‘subclasses of energetic 

materials.’’ to the end of the definition 

for ‘‘Energetic materials.’’ 

PART 774—[AMENDED] 

■ 3. The authority citation for Part 774 

continues to read as follows: 

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

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 

7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 

seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 

42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 

1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 

U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of August 12, 2010, 75 

FR 50681 (August 16, 2010). 

■ 4. In Supplement No. 1 to Part 774 

(the Commerce Control List): 

■ a. Category 6 Sensors, ECCN 6A005 is 

amended by removing the reference 

‘‘6.A.5.d.1.d’’ and adding in its place 

‘‘6A005.d.1.d’’ in paragraph d.1.e in the 

Items paragraph of the List of Items 

Controlled section. 

■ b. Category 6—Sensors, ECCN 6A008 

is amended by removing the Note from 

paragraph f in the Items paragraph of 

the List of Items Controlled section. 

■ c. Category 9, Aerospace and 

Propulsion, ECCN 9A001 is amended by 

revising the introductory text of 

paragraph (a) in the Items paragraph of 

the List of Items Controlled section to 

read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

9A001 Aero gas turbine engines having 

any of the following (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. Incorporating any of the technologies 

controlled by 9E003.a or 9E003.h; or 

* * * * * 

Bernard Kritzer, 

Director, Office of Exporter Services. 

[FR Doc. 2010–25554 Filed 10–12–10; 8:45 am] 

BILLING CODE 3510–33–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

[Docket No. SSA–2008–0041] 

RIN 0960–AG87 

Disability Determinations by State 

Agency Disability Examiners 

AGENCY: Social Security Administration. 

ACTION: Final rules. 

SUMMARY: We are revising our rules on 

a temporary basis to permit State agency 

disability examiners to make fully 

favorable determinations in certain 

claims for disability benefits under titles 

II and XVI of the Social Security Act 

(Act) without the approval of a State 

agency medical or psychological 

consultant. These changes apply only to 

claims we consider under our rules for 

quick disability determinations (QDD) 

or under our compassionate allowance 

initiative. 

DATES: These final rules are effective on 

November 12, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Schoenberg, Office of 

Compassionate Allowances and 

Disability Outreach, Social Security 

Administration, 4692 Annex, 6401 

Security Boulevard, Baltimore, MD 

21235–6401, (410) 966–9408, for 

information about this notice. For 

information on eligibility or filing for 

benefits, call our national toll-free 

number, 1–800–772–1213 or 

TTY 1–800–325–0778, or visit our 

Internet site, Social Security Online at 

http://www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Version 

The electronic file of this document is 

available on the date of publication in 

the Federal Register at http:// 

www.gpoaccess.gov/fr/index.html. 

Our Current Rules 

Under our current rules, a State 

agency disability examiner and a State 

agency medical or psychological 

consultant generally work together to 

make a disability determination at the 

first two levels of the administrative 

review process for adjudicating 

disability claims under titles II and XVI 

of the Act.1 The members of the team 

are jointly responsible for the 

determination.2 Except in prototype 

States, a State agency disability 

examiner may solely make a disability 

determination, without consulting a 

medical consultant, only when there is 

no medical evidence to evaluate and the 

claimant fails or refuses, without a good 

reason, to undergo a consultative 

examination.3

Although we evaluate all disability 

claims using the same criteria, we have 

developed two methods for expediting 

certain claims where there is a high 

probability that we will find the 

claimant disabled. In the QDD process, 

we use a computer-based predictive 

model to analyze specific elements of 

data in electronic claim files. The 

predictive model identifies claims in 

which there is a high potential that the 

claimant is disabled and in which we 

can quickly and easily obtain evidence 

supporting the claimant’s allegations.4

In the compassionate allowance 

initiative, we use a list of conditions to 

quickly identify diseases and other 

medical conditions that invariably 

qualify under the Listing of Impairments 

(‘‘listings’’) in our regulations 5 at step 3 

of the sequential evaluation process for 

initial claims 6 based on minimal, but 

sufficient, objective medical 

information.7


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