31678 Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 

Federal Register approves this 

incorporation by reference action under 

1 CFR Part 51, subject to the annual 

revision of FAA Order 7400.9 and 

publication of conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

History 

On March 22, 2010, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to amend 

Class E airspace for the Corpus Christi, 

TX area, reconfiguring controlled 

airspace at Aransas County Airport (75 

FR 13453) Docket No. FAA–2010–0089. 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. Class E airspace 

designations are published in paragraph 

6005 of FAA Order 7400.9T signed 

August 27, 2009, and effective 

September 15, 2009, which is 

incorporated by reference in 14 CFR 

Part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

amending Class E airspace for the 

Corpus Christi, TX area. The addition of 

new SIAPs at Aransas County Airport, 

Rockford, TX has made this action is 

necessary for the safety and 

management of IFR operations at the 

airport. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (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); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it amends 

controlled airspace at Aransas County 

Airport, Rockport, TX. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR Part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

Part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR Part 71.1 of the Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, and effective 

September 15, 2009 is amended as 

follows: 

* * * * * 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

ASW TX E5 Corpus Christi, TX [Amended] 

Corpus Christi International Airport, TX 

(Lat. 27°46′13′′ N., long. 97°30′04′′ W.) 

Corpus Christi NAS/Truax Field, TX 

(Lat. 27°41′34′′ N., long. 97°17′25′′ W.) 

Port Aransas, Mustang Beach Airport, TX 

(Lat. 27°48′43′′ N., long. 97°05′20′′ W.) 

Rockport, San Jose Island Airport, TX 

(Lat. 27°56′40′′ N., long. 96°59′06′′ W.) 

Rockport, Aransas County Airport, TX 

(Lat. 28°05′12′′ N., long. 97°02′41′′ W.) 

Ingleside, T.P. McCampbell Airport, TX 

(Lat. 27°54′47′′ N., long. 97°12′41′′ W.) 

Robstown, Nueces County Airport, TX 

(Lat. 27°46′43′′ N., long. 97°41′26′′ W.) 

Corpus Christi VORTAC, TX 

(Lat. 27°54′14′′ N., long. 97°26′42′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.5 mile 

radius of Corpus Christi International Airport 

and within 1.4 miles each side of the 200° 

radial of the Corpus Christi VORTAC 

extending from the 7.5 mile radius to 8.5 

miles north of the airport, and within 1.5 

miles each side of the 316° bearing from the 

airport extending from the 7.5 mile radius to 

10.1 miles northwest of the airport, and 

within an 8.8-mile radius of Corpus Christi 

NAS/Truax Field, and within a 6.3-mile 

radius of Mustang Beach Airport, and within 

a 6.4-mile radius of T.P. McCampbell 

Airport, and within a 6.3-mile radius of 

Nueces County Airport, and within a 7.6- 

mile radius of Aransas County Airport, and 

within 2 miles each side of the 010° bearing 

from the Aransas County Airport extending 

from the 7.6 mile radius to 9.9 miles north 

of the airport, and within a 6.5-mile radius 

of San Jose Island Airport, and within 8 miles 

west and 4 miles east of the 327° bearing 

from the San Jose Island Airport extending 

from the airport to 20 miles northwest of the 

airport, and within 8 miles east and 4 miles 

west of the 147° bearing from the airport 

extending from the airport to 16 miles 

southeast of the airport, excluding that 

portion more than 12 miles from and parallel 

to the shoreline. 

Issued in Fort Worth, Texas, on May 21, 

2010. 

Roger M. Trevino, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2010–13262 Filed 6–3–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 734, 740, 744, 748, 750, 

766 and 774 

[Docket No. 0907271167–91198–01] 

RIN 0694–AE69 

Export Administration Regulations: 

Technical Corrections 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final Rule. 

SUMMARY: This rule clarifies language 

concerning the de minimis provisions of 

the Export Administration Regulations 

and certain performance criteria of 

turning machines. It also removes 

obsolete cross references, removes and 

reserves two regulatory provisions, 

corrects a typographical error, and 

removes an unnecessary reporting 

requirement. 

DATES: This rule is effective June 4, 

2010. 


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Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 31679 

FOR FURTHER INFORMATION CONTACT: 

William H. Arvin, Regulatory Policy 

Division, e-mail warvin@bis.doc.gov, 

telephone 202 482 2440. 

SUPPLEMENTARY INFORMATION: 

Background 

Removal of Potentially Confusing 

Language Regarding De Minimis 

Content of Foreign Made Items 

The Export Administration 

Regulations (EAR) generally do not 

apply to items that were made and are 

located outside the United States, and 

that contain only the ‘‘de minimis’’ level 

of U.S. origin content as defined in 

§ 734.4. The procedures and standards 

for calculating whether an item exceeds 

the de minimis threshold are contained 

in Supplement No. 2 to Part 734 of the 

EAR. Section 732.2(d), which directs 

readers to that supplement, notes that 

‘‘[t]his step [de minimis calculation] is 

appropriate only for items that are made 

outside the United States and are not 

currently in the United States.’’ Pursuant 

to § 734.3(a)(1), all items, regardless of 

level of foreign content, are subject to 

the EAR if they are physically located in 

the United States. This rule removes 

§ 734.3(b)(4), which delineates a 

category of items not subject to the EAR 

(‘‘foreign made items that have less than 

the de minimis percentage of controlled 

U.S. content based on the principles 

described in § 734.3 of this part’’), 

because the provision could be 

erroneously read as applying the de 

minimis exclusion to foreign made 

items that are located in the United 

States. BIS attempted to remove 

§ 734.3(b)(4) in a previous rule. (See 73 

FR 75942, December 15, 2008). 

However, the drafting instruction in that 

rule erroneously read, ‘‘In § 734.4, 

remove paragraph (b)(4).’’ (Id.) Because 

§ 734.4 does not contain a paragraph 

(b)(4), that instruction had no effect. 

This rule includes the correct drafting 

instruction to remove § 734.3(b)(4). 

Correction of Incorrect Paragraph 

Designation 

This rule redesignates 

§ 740.11(d)(3)(C) of the EAR as 

§ 740.11(d)(3)(iii), to conform to 

standard Code of Federal Regulations 

paragraph structure. The incorrect 

designation was created in a rule 

published at 75 FR 6301, February 9, 

2010. 

Transition to Web-Based System for 

Information About the Status of Certain 

Matters Pending With BIS 

Since the mid-1980s, BIS has operated 

a telephone-based automated system for 

parties to obtain information on the 

status of license applications and 

certain other matters that are under 

review by BIS. This system is known as 

the ‘‘System for Tracking Export License 

Applications’’ or ‘‘STELA.’’ In 2008, BIS 

began offering the same automated 

service via a Web site (https:// 

snapr.bis.doc.gov/stela/). BIS plans to 

phase out the telephone version of 

STELA because it now has few users, 

and maintaining such an old system is 

increasingly difficult. Accordingly, this 

rule updates references to STELA in 

§§ 740.5(d)(2), 740.7(d)(4)(ii) and 

740.18(c)(5) to the Web address, 

removes references to the telephone 

system from all three provisions, and 

removes the telephone number 

currently listed in § 740.18(c)(5). This 

rule also removes and reserves § 750.5, 

which provided detailed instructions on 

how to use the telephone version of 

STELA, as well as references to § 750.5 

from §§ 740.5(d)(2) and 740.7(d)(4)(ii). 

Removal of Obsolete Provision 

Regarding Restrictions on Exports and 

Reexports Involving Persons Named in 

General Orders 

From June 2006 until September 

2008, Supplement No. 1 to part 736 of 

the EAR contained ‘‘General Order 

Number 3,’’ which imposed license 

requirements on exports and reexports 

of items subject to the EAR to certain 

listed persons. That general order was 

subsequently removed, and most of the 

persons listed therein were added to the 

Entity List in Supplement No. 4 to part 

744 (73 FR 54503, Sept. 22, 2008). This 

rule removes and reserves § 744.15, 

which covered restrictions on exports 

and reexports involving persons named 

in general orders. With the removal of 

General Order Number 3, no such 

general orders exist; hence, § 744.15 no 

longer serves a purpose. This rule also 

removes the sentence in § 744.1(a)(1) 

that referred to § 744.15. 

Removal of Reference to Telephonic 

Notification Regarding Personal 

Identification Numbers (PIN) 

In § 748.7(a)(2)(i), this rule removes 

the word ‘‘telephonically’’ from the 

sentence describing BIS’s notification to 

individual users of the electronic filing 

system of their PINs because BIS now 

uses a variety of methods for providing 

such notifications. 

Removal of Cross References to EAR 

paragraph That No Longer Exists 

The rule replaces references to 

§ 748.2(c) of the EAR, which formerly 

contained BIS address information but 

no longer exists, with references to a 

current provision that contains 

appropriate current address 

information. Specifically, this rule 

replaces the reference to § 748.2(c) that 

appears in §§ 748.7(a)(1), 

748.7(a)(2)(iv)(A) and 748.9(i)(1) with a 

reference to § 748.1(d)(2), which 

provides BIS’s general mailing address. 

The rule also replaces the reference to 

§ 748.2(c) in § 748.13(c)(2) with the full 

address of the specific BIS office 

currently handling the relevant 

documentation. 

Removal of Unnecessary Notification 

Requirement 

Under certain circumstances, BIS may 

request a delivery verification of items 

licensed for export. Such verifications 

are conducted by the government of the 

importing country. Generally, BIS 

would require, as a license condition, 

that the exporter obtain the foreign 

government-issued certificate of 

delivery verification and send the 

certificate to BIS. Amended § 748.13(b) 

provides that if the national security 

export control is removed from the item 

that is the subject of a license that is 

issued, the requirement to obtain the 

delivery verification is removed as well. 

Prior to publication of this rule, 

§ 748.13(b) required the licensee to 

inform BIS in writing that it would not 

obtain the delivery verification 

certificate in situations where the 

national security license requirement 

had been removed. Because the national 

security license requirements referred to 

are those imposed by the EAR, BIS 

would be aware of their removal 

regardless, and therefore would not 

need written notice from the licensee on 

this subject. 

Replacement of Obsolete Terminology 

This rule replaces the term ‘‘Export 

Management System Guidelines’’ that 

appears in Supplement No.1 to Part 766 

with the term ‘‘Export Management 

Compliance Program Guidelines,’’ and 

replaces the term ‘‘EMS Guidelines’’ 

with ‘‘EMCP Guidelines’’ to reflect the 

terminology that BIS currently uses to 

describe its compliance guidance. 

Clarifying Language Regarding Certain 

Machine Tools Subject to Nuclear 

Proliferation Export Controls 

Export Control Classification Number 

(ECCN) 2B001 applies, inter alia, to 

numerically controlled machine tools 

for turning that have both a positioning 

accuracy better than 6 μm along any 

linear axis, and two or more axes that 

can be controlled simultaneously for 

contouring control. Consistent with the 

Nuclear Suppliers Group’s guidelines, 

the EAR’s ECCN entry reflects the fact 

that the United States does not apply 

nuclear proliferation export license 


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31680 Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 

requirements and licensing policy to 

machines meeting those parameters if 

the machine is not capable of machining 

diameters exceeding 35 mm. Prior to 

publication of this rule, ECCN 2B001 

stated that the nuclear proliferation 

reason for control (NP) does not apply 

to ‘‘turning machines under 2B001.a 

with a capacity equal to or less than 35 

mm diameter.’’ BIS believes that this 

language was consistent with the 

meaning of the term ‘‘capacity’’ that is 

widely used in the machine tool 

industry, i.e., indicating a limit or a 

maximum amount with no extension of 

this capability. In addition, because the 

difficulty of maintaining a given 

positioning accuracy increases as the 

maximum diameter that the tool is 

capable of machining increases, it 

would make sense for BIS to apply a 

more stringent control to machines 

capable of maintaining the 6 μm 

positioning accuracy when machining 

larger parts than it would apply to 

machines that were capable of 

maintaining that level of accuracy only 

when machining smaller parts. 

Nevertheless, some parties have 

indicated that they find the language set 

forth in ECCN 2B001 confusing. 

Therefore, BIS is revising the entry to 

state that the NP reason for control does 

not apply to ‘‘turning machines under 

2B001.a with a capacity no greater than 

35 mm diameter.’’ 

Correcting a Typographical Error 

Regarding Calculating the ‘‘Adjusted 

Peak Performance’’ of Digital Computers 

The EAR employ a concept called 

‘‘adjusted peak performance’’ (APP) for 

setting performance benchmarks that 

determine the classification of a digital 

computer on the Commerce Control List 

(CCL). A note entitled ‘‘Technical Note 

on ‘Adjusted Peak Performance’ (‘APP’)’’ 

at the end of Category 4 on the CCL 

explains how to calculate APP. BIS’s 

intent is that this note match the note 

of the same name that appears at the 

end of Category 4 of the List of Dual-Use 

Goods and Technology published by the 

Wassenaar Arrangement on Export 

Controls for Conventional Arms and 

Dual Use Goods and Technologies (WA 

list note). However, prior to the 

publication of this rule, in describing 

how APP is expressed, the CCL’s 

Category 4 note erroneously used the 

number ‘‘1012’’ instead of the correct 

number, ‘‘1012,’’ that appears in the WA 

List note. This rule corrects that error. 

Rulemaking Requirements 

1. This rule is not a significant rule 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, unless that collection of 

information displays a currently valid 

Office of Management and Budget 

Control Number. This rule involves a 

collection of information that has been 

approved by the OMB under control 

number 0694–0088, which carries a 

burden hour estimate of 58 minutes to 

prepare and submit form BIS–748. 

Miscellaneous and recordkeeping 

activities account for 12 minutes per 

submission. BIS believes that this rule 

will make no change to the number of 

submissions or to the burden imposed 

by this collection. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined in Executive Order 

13132. 

4. BIS 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 these revisions are 

administrative in nature and do not 

affect the rights and obligations of the 

public; therefore allowing prior notice 

and comment on these rules is 

unnecessary. In addition, the 30-day 

delay in effectiveness required by 5 

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

because this rule is not a substantive 

rule, but merely makes technical 

changes to the regulations. No other law 

requires that notice of proposed 

rulemaking and an opportunity for 

public comment be given for this rule; 

therefore, the analytical requirements of 

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

601 et seq.) are not applicable. 

List of Subjects 

15 CFR Part 734 

Administrative practice and 

procedure, Exports, Inventions and 

patents, Research. 

15 CFR Parts 740, 748 and 750 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

15 CFR Part 766 

Administrative practice and 

procedure, Confidential business 

information, Exports, Law enforcement, 

Penalties. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

■ Accordingly, the Export 

Administration Regulations (15 CFR 

Parts 730–774) are amended as follows: 

PART 734—[AMENDED] 

■ 1. The authority citation for part 734 

continues to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 

3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 

FR 54079, 3 CFR, 1996 Comp., p. 219; 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); Notice of 

November 6, 2009, 74 FR 58187 (November 

10, 2009). 

§ 734.3 [Amended] 

■ 2. Section 734.3 is amended by 

removing paragraph (b)(4). 

PART 740—[AMENDED] 

■ 3. The authority citation for part 740 

continues to read as follows: 

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

U.S.C. 1701 et seq.; 22 U.S.C. 7201 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 13, 2009, 74 

FR 41325 (August 14, 2009). 

■ 4. Section 740.5 is amended by 

revising paragraph (d)(2) to read as 

follows: 

§ 740.5 Civil end-users (CIV). 

* * * * * 

(d) * * * 

(2) Confirmation of eligibility. You 

may not use License Exception CIV for 

a deemed export until you have 

obtained confirmation of eligibility by 

checking the System for Tracking Export 

License Applications (https:// 

snapr.bis.doc.gov/stela) or through the 

Simplified Network Application 

Procedure (https://snapr.bis.doc.gov). 

* * * * * 

■ 5. Section 740.7 is amended by 

revising paragraph (d)(4)(ii) to read as 

follows: 

§ 740.7 Computers (APP). 

* * * * * 

(d) * * * 

(4) * * * 

(ii) Confirmation of eligibility. You 

may not use License Exception APP, 

until you have obtained confirmation of 

eligibility via either BIS’s System for 

Tracking Export License Applications 

(STELA) (https://snapr.bis.doc.gov/ 

stela) from BIS’s Simplified Network 

Application Procedure (SNAP). See 


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Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 31681 

http://www.bis.doc.gov/SNAP/ 

index.htm for more information about 

SNAP. 

* * * * * 

§ 740.11 [Amended] 

■ 6. Section 740.11 is amended by 

redesignating paragraph (d)(3)(C) as 

paragraph (d)(3)(iii). 

■ 7. Section 740.18 is amended by 

revising paragraph (c)(5) to read as 

follows: 

§ 740.18 Agricultural commodities (AGR). 

* * * * * 

(c) * * * 

(5) Status of pending AGR notification 

requests. You must contact BIS’s System 

for Tracking Export License 

Applications (STELA) (https:// 

snapr.bis.doc.gov/stela) for status of 

your pending AGR notification or verify 

the status in BIS’s Simplified Network 

Applications Processing Redesign 

(SNAP–R) System. STELA will provide 

the date of registration of the AGR 

notification. If no department or agency 

objection is raised within 11 business 

days, STELA will, on the twelfth 

business day following the date of 

registration, provide you with 

confirmation of that fact. You may not 

proceed with your shipment unless you 

confirm with either STELA or SNAP–R 

that no objection has been raised. If an 

objection is raised, STELA and SNAP– 

R will indicate that a license is required. 

The AGR notification will then be 

processed as a license application. In 

addition, BIS may provide notice of an 

objection by telephone, fax, courier 

service, or other means. 

* * * * * 

PART 744—[AMENDED] 

■ 8. The authority citation for part 744 

continues to read as follows: 

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

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

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

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

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

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

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

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

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

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

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

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

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

786; Notice of August 13, 2009, 74 FR 41325 

(August 14, 2009); Notice of November 6, 

2009, 74 FR 58187 (November 10, 2009). 

§ 744.1 [Amended] 

■ 9. Section 744.1 is amended by 

removing the fourteenth sentence from 

paragraph (a)(1). 

§ 744.15 [Removed] 

■ 10. Section 744.15 is removed and 

reserved. 

PART 748—[AMENDED] 

■ 11. 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 13, 2009, 74 FR 41325 (August 14, 

2009). 

■ 12. Section 748.7 is amended by 

revising the second sentence of 

paragraph (a)(1), the second sentence of 

paragraph (a)(2)(i) and the second 

sentence of paragraph (a)(2)(iv)(A) to 

read as follows: 

§ 748.7 Applying electronically for a 

license or classification request. 

(a) * * * 

(1) * * * Written requests may be 

faxed to (202) 219–9179 or (202) 219– 

9182 (Washington, DC), faxed to (949) 

660–9347 (Newport Beach, CA), or 

submitted to the address identified in 

§ 748.1(d)(2) of this part. Both the 

envelope and letter must be marked 

‘‘Attn: Electronic Submission Request.’’ 

* * * 

(2) * * * 

(i) * * * Each person approved by 

BIS to submit applications 

electronically for the company will be 

assigned a personal identification 

number (‘‘PIN’’) by BIS. * * * 

* * * * * 

(iv) * * * 

(A) * * * You must confirm this 

notification in writing within two 

business days to BIS at the address 

provided in § 748.1(d)(2) of this part. 

* * * * * 

■ 13. Section 748.9 is amended by 

revising paragraph (i)(1) to read as 

follows: 

§ 748.9 Support documents for license 

applications. 

* * * * * 

(i) * * * 

(1) The applicant must send a letter 

request for return of an Import or EndUser Certificate to the address stated in 

§ 748.1(d)(2) of this part, ‘‘Attn: 

Import/End-User Certificate Request’’. 

* * * * * 

■ 14. Section 748.13 is amended by 

revising paragraph (b) and the last 

sentence of paragraph (c)(2) to read as 

follows: 

§ 748.13 Delivery verification (DV). 

* * * * * 

(b) Exception to obtaining Delivery 

Verification. The DV requirement for a 

particular transaction does not apply if 

the item is no longer controlled for 

national security reasons following the 

issuance of a license. 

(c) * * * 

(2) * * * Once all shipments against 

the license have been made (or the 

licensee has determined that none will 

be), the licensee must forward, in one 

package, all applicable DVs to Office of 

Exporter Services, Export Management 

and Compliance Division, Room 2705, 

U.S. Department of Commerce, 14th 

Street and Pennsylvania Avenue, NW., 

Washington, DC 20230. 

* * * * * 

PART 750—[AMENDED] 

■ 15. The authority citation for part 750 

continues to read as follows: 

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

U.S.C. 1701 et seq.; Sec 1503, Pub. L. 108– 

11, 117 Stat. 559; E.O. 13026, 61 FR 58767, 

3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 

FR 44025, 3 CFR, 2001 Comp., p. 783; 

Presidential Determination 2003–23 of May 

7, 2003, 68 FR 26459, May 16, 2003; Notice 

of August 13, 2009, 74 FR 41325 (August 14, 

2009). 

§ 750.5 [Removed] 

■ 16. Section 750.5 is removed and 

reserved. 

PART 766—[AMENDED] 

■ 17. The authority citation for part 766 

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 

13, 2009, 74 FR 41325 (August 14, 2009). 

■ 18. Supplement No. 1 to Part 766 is 

amended by revising the second and 

third sentences of paragraph number ‘‘2’’ 

that appears under the unnumbered 

italicized header ‘‘Mitigating Factors’’ 

that appears under the header ‘‘III How 

BIS Determines What Sanctions Are 

Appropriate in a Settlement’’ to read as 

follows: 

Supplement No. 1 to Part 766—Guidance on 

Charging and Penalty Determinations in 

Settlement of Administrative Enforcement 

Cases 

* * * * * 

III. How BIS Determines What Sanctions Are 

Appropriate in a Settlement 

* * * * * 

Mitigating Factors 

* * * * * 

(2) * * * In determining the presence of 

this factor, BIS will take account of the extent 

to which a party complies with the principles 

set forth in BIS’s Export Management 

Compliance Program (EMCP) Guidelines. 

Information about the EMCP Guidelines can 


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31682 Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 

1See (http://www.ftc.gov/os/comments/FDICIA/ 

index.shtm). 

be accessed through the BIS Web site at 

www.bis.doc.gov. 

* * * * * 

PART 774—[AMENDED] 

■ 19. 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; 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 

Fed. Reg. 41,325 (August 14, 2009)). 

■ 20. In Supplement No. 1 to part 774, 

Category 2, Export Control Classification 

Number 2B001, revise the ‘‘Controls’’ 

paragraph of the ‘‘License 

Requirements’’ section to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

2B001 Machine tools and any combination 

thereof, for removing (or cutting) metals, 

ceramics or ‘‘composites’’, which, according 

to the manufacturer’s technical 

specifications, can be equipped with 

electronic devices for ‘‘numerical control’’; 

and specially designed components as 

follows (see List of Items Controlled). 

License Requirements 

Reason for Control: NS, NP, AT 

Control(s) Country chart 

NS applies to entire entry ................................................................................................................................................................. NS Column 1. 

NP applies to 2B001.a, .b, .c, and .d, EXCEPT: (1) turning machines under 2B001.a with a capacity no greater than 35 mm 

diameter; (2) bar machines (Swissturn), limited to machining only bar feed through, if maximum bar diameter is equal to or 

less than 42 mm and there is no capability of mounting chucks. (Machines may have drilling and/or milling capabilities for 

machining parts with diameters less than 42 mm); or (3) milling machines under 2B001.b.with x-axis travel greater than two 

meters and overall ‘‘positioning accuracy’’ on the x-axis more (worse) than 0.030 mm..

NP Column 1. 

AT applies to entire entry ................................................................................................................................................................. AT Column 1. 

* * * * * 

■ 21. In Supplement No. 1 to part 774, 

Category 4, the Technical Note on 

‘‘Adjusted Peak Performance’’ (‘‘APP’’) 

that appears at the end of Category 4, 

revise the definition of ‘‘APP’’ that 

appears under the heading 

‘‘Abbreviations Used in This Technical 

Note’’ to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

Category 4—Computers 

* * * * * 

Technical Note on ‘‘Adjusted Peak 

Performance’’ (‘‘APP’’) 

* * * * * 

Abbreviations Used in This Technical Note 

* * * * * 

APP is expressed in Weighted TeraFLOPS 

(WT) in units of 1012 adjusted floating point 

operations per second. 

* * * * * 

Dated: May 24, 2010. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–13243 Filed 6–3–10; 8:45 am] 

BILLING CODE 3510–33–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 320 

RIN 3084-AA99 

Disclosures for Non-Federally Insured 

Depository Institutions Under the 

Federal Deposit Insurance Corporation 

Improvement Act (FDICIA) 

AGENCY: Federal Trade Commission 

(FTC or Commission). 

ACTION: Final rule. 

SUMMARY: The Federal Deposit 

Insurance Corporation Improvement Act 

of 1991 (FDICIA) directs the 

Commission to prescribe the manner 

and content of certain mandatory 

disclosures for depository institutions 

that lack federal deposit insurance. On 

March 13, 2009, the Commission 

published a supplemental notice of 

proposed rulemaking seeking comment 

on disclosure rules for such institutions. 

After reviewing comments received in 

response, the Commission now 

publishes a final rule. 

DATES: This final rule will become 

effective on July 6, 2010. 

ADDRESSES: Copies of this document are 

available from: Public Reference Branch, 

Room 130, Federal Trade Commission, 

600 Pennsylvania Avenue, NW, 

Washington, DC 20580. The complete 

record of this proceeding is also 

available at that address. Relevant 

portions of the proceeding, including 

this document, are available at (http:// 

www.ftc.gov). 

FOR FURTHER INFORMATION CONTACT: 

Hampton Newsome, (202) 326-2889, 

Attorney, Division of Enforcement, 

Bureau of Consumer Protection, Federal 

Trade Commission, 600 Pennsylvania 

Avenue, NW, Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

In 1991, as part of the Federal Deposit 

Insurance Corporation Improvement Act 

(FDICIA), Congress directed the 

Commission to prescribe certain 

disclosures for depository institutions 

lacking federal deposit insurance. 

Congress then prohibited the FTC from 

spending resources on FDICIA’s 

disclosure requirements until 2003. 

After Congress lifted that ban, the 

Commission published proposed 

disclosures consistent with FDICIA’s 

statutory directives (70 FR 12823 

(March 16, 2005)). Many commenters 

raised concerns with the proposal.1

Thereafter, Congress passed the 

Financial Services Regulatory Relief Act 

of 2006 (FSRRA) (Pub. L. 109-351) 

amending FDICIA. The FSRRA 

amendments addressed almost all of the 

concerns raised by commenters about 

the FTC’s proposed rule. The 

Commission published a supplemental 

notice on March 13, 2009 (74 FR 10843) 

seeking comments on a proposal 

consistent with the FSRRA 

amendments. The Commission has 

reviewed the comments received in 

response and now publishes a final rule. 

II. Background 

Under existing law, all federally 

chartered and most state-chartered 

depository institutions must have 

federal deposit insurance. Federal 

deposit insurance funds currently 

guarantee all deposits at federally 


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