7550 Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Rules and Regulations 

license exception or without a license 

(i.e., under the designator ‘‘NLR’’) as a 

result of this regulatory action that were 

on dock for loading, on lighter, laden 

aboard an exporting carrier, or en route 

aboard a carrier to a port of export, on 

March 24, 2010, pursuant to actual 

orders for export or reexport to a foreign 

destination, may proceed to that 

destination under the previously 

applicable license exception or without 

a license (NLR) so long as they are 

exported or reexported before April 8, 

2010. Any such items not actually 

exported or reexported before midnight, 

on April 8, 2010, require a license in 

accordance with this regulation. 

‘‘Deemed’’ exports of ‘‘technology’’ and 

‘‘source code’’ removed from eligibility 

for export under a license exception or 

without a license (under the designator 

‘‘NLR’’) as a result of this regulatory 

action may continue to be made under 

the previously available license 

exception or without a license (NLR) 

before April 8, 2010. Beginning at 

midnight on April 8, 2010, such 

‘‘technology’’ and ‘‘source code’’ may no 

longer be released, without a license, to 

a foreign national subject to the 

‘‘deemed’’ export controls in the EAR 

when a license would be required to the 

home country of the foreign national in 

accordance with this regulation. 

Rulemaking Requirements 

1. This rule has been determined to be 

significant for purposes of Executive 

Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the Paperwork 

Reduction Act 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 

contains a collection of information 

subject to the requirements of the PRA. 

This collection has been approved by 

OMB under Control Number 0694–0088 

(Multi-Purpose Application), which 

carries a burden hour estimate of 58 

minutes to prepare and submit form 

BIS–748. Send comments regarding this 

burden estimate or any other aspect of 

this collection of information, including 

suggestions for reducing the burden, to 

Jasmeet Seehra, Office of Management 

and Budget (OMB), and to the 

Regulatory Policy Division, Bureau of 

Industry and Security, Department of 

Commerce, as indicated in the 

ADDRESSES section 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 

participation, and a delay in effective 

date, are inapplicable because this 

regulation involves a military and 

foreign affairs function of the United 

States (Sec. 5 U.S.C. 553(a)(1)). Further, 

no other law requires that a notice of 

proposed rulemaking and an 

opportunity for public comment be 

given for this final rule. Because a 

notice of proposed rulemaking and an 

opportunity for public comment are not 

required to be given for this rule under 

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. 

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. 

List of Subjects in 15 CFR Part 774 

Exports, Foreign trade, Reporting and 

recordkeeping requirements. 

■ Accordingly, Part 774 of the Export 

Administration Regulations (15 CFR 

Parts 730–774) is amended as follows: 

PART 774—[AMENDED] 

■ 1. The authority citation for 15 CFR 

Part 774 continues to read as follows: 

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

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

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

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

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

1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; 

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

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

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

Comp., p. 783; Notice of August 13, 2009, 74 

FR 41325 (August 14, 2009). 

■ 2. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1—Materials, Chemicals, 

‘‘Microorganisms’’ & ‘‘Toxins,’’ ECCN 

1C360 is amended by revising paragraph 

(c) under ‘‘Items’’ in the List of Items 

Controlled to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1C360 Select agents not controlled 

under ECCN 1C351, 1C352, or 1C354. 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

* * * * * 

c. Plant pathogens, as follows: 

c.1. Bacteria, as follows: 

c.1.a. Rathayibacter toxicus; 

c.1.b. Xylella fastidiosa pv. citrus 

variegated chlorosis (CVC); 

c.2. Fungi, as follows: 

c.2.a. Peronosclerospora 

philippinensis (a.k.a. Peronosclerospora 

sacchari); 

c.2.b. Sclerophthora rayssiae var. 

zeae; 

c.2.c. Synchytrium endobioticum; 

c.2.d. Phoma glycinicola (formerly 

Pyrenochaeta glycines). 

* * * * * 

■ 3. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1—Materials, Chemicals, 

‘‘Microorganisms’’ & ‘‘Toxins,’’ ECCN 

1E998 is amended by revising the ECCN 

heading to read as follows: 

1E998 ‘‘Technology’’ for the 

‘‘development’’ or ‘‘production’’ of 

processing equipment controlled by 

1B999, and materials controlled by 

1C996, 1C997, 1C998, or 1C999. 

* * * * * 

Dated: February 16, 2010. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–3389 Filed 2–19–10; 8:45 am] 

BILLING CODE 3510–33–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1130 

Requirements for Consumer 

Registration of Durable Infant or 

Toddler Products; Correction 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Final rule; correction. 

SUMMARY: The Consumer Product Safety 

Commission (‘‘Commission’’) is 

correcting a final rule that appeared in 

the Federal Register of December 29, 

2009 (74 FR 68668). The document 

issued a final rule under section 104(d) 

of the Consumer Product Safety 

Improvement Act of 2008 (‘‘CPSIA’’) 

requiring manufacturers of durable 

infant or toddler products to establish 

and maintain a system for consumers to 

register their products with the 

manufacturer. 

DATES: The correction will become 

effective on June 28, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Marc Schoem, Deputy Director, Office of 


cprice-sewell on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Rules and Regulations 7551 

Compliance and Field Operations, 

Consumer Product Safety Commission, 

4330 East-West Highway, Bethesda, MD 

20814; telephone (301) 504–7520; 

mschoem@cpsc.gov. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

E9–30485 appearing on page 68668 in 

the Federal Register of Tuesday, 

December 29, 2009, there was a 

discrepancy between the text describing 

the registration form and the figures 

illustrating the form. The regulatory text 

reversed the location of information on 

the bottom of the form. To address this, 

the following corrections are made: 

§ 1130.6 [Corrected] 

1. On page 68677, in the first and 

second columns, in § 1130.6, in 

paragraph (b)(3), ‘‘The bottom front 

panel shall have blocks for the 

consumer to provide his/her contact 

information as required in § 1130.7(c).’’ 

is corrected to read ‘‘The bottom back 

panel of the form shall have blocks for 

the consumer to provide his/her contact 

information as required in § 1130.7(c).’’ 

2. On page 68677, in the second 

column, in § 1130.6, in paragraph (b)(3), 

‘‘The back of the bottom portion of the 

form shall be pre-addressed and 

postage-paid with the manufacturer’s 

name and mailing address where 

registration information is to be 

collected.’’ is corrected to read ‘‘The 

front of the bottom portion of the form 

shall be pre-addressed and postage-paid 

with the manufacturer’s name and 

mailing address where registration 

information is to be collected.’’ 

Dated: February 16, 2010. 

Todd Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2010–3297 Filed 2–19–10; 8:45 am] 

BILLING CODE 6355–01–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

[Docket No. SSA–2009–0067] 

RIN 0960–AH08 

Transfer of Accumulated Benefit 

Payments 

AGENCY: Social Security Administration 

(SSA). 

ACTION: Final rule. 

SUMMARY: We are revising our 

regulations to allow a representative 

payee who will no longer be serving in 

that capacity to transfer accumulated 

benefit payments and interest directly to 

a beneficiary if we determine that it 

would be in the best interest of the 

beneficiary. This change will give us 

more flexibility in deciding how 

conserved funds should be handled in 

these circumstances. The change will 

also reduce or eliminate delays in the 

delivery of conserved funds to some 

beneficiaries. 

DATES: This final rule will be effective 

March 24, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Richard Bresnick, Office of Regulations, 

Social Security Administration, 6401 

Security Boulevard, Baltimore, MD 

21235–6401, (410) 965–1758. 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. 

Background 

Our representative payment 

regulations are in Subpart U of part 404 

and subpart F of part 416. In certain 

cases, we will appoint a representative 

payee to receive benefit payments on 

behalf of a beneficiary. Generally, we 

appoint a representative payee if we 

have determined that the beneficiary is 

not able to manage his or her own 

benefits or direct the management of 

benefit payments in his or her interest. 

The payee must use the payments only 

for the beneficiary’s use and benefit. 

The payee must conserve or invest for 

the beneficiary any funds remaining 

after paying for the beneficiary’s current 

needs. 

If a payee is no longer going to serve 

in that capacity, our regulations require 

the payee to return conserved funds to 

us or transfer them to a successor payee, 

as we will specify. The payee is not 

permitted to transfer these conserved 

funds to a beneficiary directly. 20 CFR 

404.2060 and 416.660. The payee’s 

inability to transfer funds directly to a 

beneficiary can cause difficulty for both 

the beneficiary and the representative 

payee. When we determine that a payee 

is no longer needed because the 

beneficiary has become capable of 

managing his or her own benefits, this 

two-step process delays our payment of 

the conserved funds to the beneficiary. 

Our current regulatory process is 

particularly problematic for those 

beneficiaries who make the transition 

out of foster care and for their payees. 

These beneficiaries might need 

immediate access to the conserved 

funds to pay for rent or other 

necessities. Additionally, at least one 

State requires State agency 

representative payees for beneficiaries 

in foster care to turn over all conserved 

funds directly to the beneficiary when 

he or she transitions out of foster care. 

Explanation of Changes 

We are revising §§ 404.2060 and 

416.660 of our regulations to permit a 

payee to transfer conserved funds to a 

beneficiary if we so specify. The change 

will give us the discretion to authorize 

a payee-to-beneficiary transfer of 

conserved funds and make the 

representative payment process more 

efficient. Allowing direct transfer will 

conserve administrative resources and 

provide faster access to beneficiaries 

who have become capable of managing 

their own benefits. 

Public Comments 

On October 14, 2009, we published a 

notice of proposed rulemaking (NPRM) 

in the Federal Register and provided a 

60-day comment period. 74 FR 52706. 

We received one letter with comments. 

We carefully considered the comments 

in publishing this final rule. 

Comment: The commenter is an 

employee of another federal agency who 

deals with our beneficiaries and 

payment centers. The commenter 

supports the changes and believes the 

changes will benefit us and our 

beneficiaries. The commenter further 

notes that ‘‘it is essential that funds still 

be available to the beneficiary especially 

in economic recession periods.’’ The 

commenter asks how the changes will 

affect current rules on reissuing benefits 

if the payee misused funds, how the 

replaced funds will be handled during 

the transfer, and whether there is an 

order of importance in selecting the new 

payee. 

Response: We appreciate the 

commenter’s support. The changes will 

allow a representative payee who will 

no longer be serving in that capacity to 

transfer accumulated benefit payments 

and interest directly to a beneficiary if 

we direct the representative payee to do 

so. The changes will not otherwise 

affect our current rules on reissuing 

benefits if a payee misused funds, how 

the replaced benefits will be handled, or 

how we choose a payee. 

Regulatory Procedures 

Executive Order 12866 

We have consulted with the Office of 

Management and Budget (OMB) and 

determined that this final rule does not 


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