Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Rules and Regulations 33683 

the final rule (i.e., RIN 0694–AE93)—all 

comments on the latter should be 

submitted by one of the three methods 

outlined above. 

FOR FURTHER INFORMATION CONTACT: 

Sheila Quarterman, Bureau of Industry 

and Security, Office of Exporter 

Services, Regulatory Policy Division, by 

phone at 202–482–2440 or by fax 202– 

482–3355. 

SUPPLEMENTARY INFORMATION: 

Background 

In this rule, BIS makes a technical 

amendment to the Export 

Administration Regulations (EAR) to 

remove three references concerning 

Federal court jurisdiction to review 

certain BIS enforcement orders. 

Paragraph (e) of section 766.22 

discusses judicial review of a final 

decision and order by the Under 

Secretary for Industry and Security in a 

BIS export control administrative 

proceeding. Section 766.24 contains two 

references to judicial review. Paragraph 

(g) of section 766.24 discusses judicial 

review of a final decision and order by 

the Under Secretary concerning the 

administrative appeal of a temporary 

denial order issued by the Assistant 

Secretary for Export Enforcement, and 

paragraph (e)(5) of the same section 

includes a reference to paragraph (g). 

Federal court jurisdiction to review 

these BIS final orders is governed by 

statute, not by regulation. BIS is deleting 

these provisions, which were not 

promulgated with the intent to create or 

govern Federal court jurisdiction. 

Since August 21, 2001, the Export 

Administration Act has been in lapse 

and the President, through Executive 

Order 13222 of August 17, 2001 (3 CFR, 

2001 Comp., p. 783 (2002)), as extended 

most recently by the Notice of August 

13, 2009 (74 FR 41325 (August 14, 

2009)), has continued the EAR in effect 

under the International Emergency 

Economic Powers Act. 

Rulemaking Requirements 

1. This final rule has been determined 

to be not significant for the purposes of 

Executive Order 12866. 

2. Notwithstanding any other 

provisions of law, no person is required 

to respond to nor 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 does 

not involve a collection of information, 

and, therefore, does not implicate 

requirements of the PRA. 

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)(A) and 

(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 is one of 

procedure, which is exempted from the 

notice and comment requirements of the 

APA. This rule only deletes provisions 

from Part 766 that discuss federal court 

jurisdiction, which is an issue governed 

by statute, not by regulation. 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. 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 

Sheila Quarterman, Regulatory Policy 

Division, Bureau of Industry and 

Security, U.S. Department of Commerce, 

14th Street & Pennsylvania Avenue, 

NW., Room 2705, Washington, DC 

20230. 

List of Subjects in 15 CFR Part 766 

Administrative practice and 

procedure, Confidential business 

information, Exports, Law enforcement, 

Penalties. 

■ Accordingly, 15 CFR part 766 of the 

Export Administration Regulations (15 

CFR Parts 730–774) is amended as 

follows: 

PART 766—[AMENDED] 

■ 1. The authority citation for 15 CFR 

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). 

§ 766.22 [Amended] 

■ 2. In § 766.22, remove paragraph (e). 

§ 766.24 [Amended] 

■ 3. In § 766.24, remove the last 

sentence from paragraph (e)(5) and 

remove paragraph (g). 

Dated: June 11, 2010. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–14525 Filed 6–14–10; 8:45 am] 

BILLING CODE 3510–33–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1215 

[CPSC Docket No. CPSC–2009–0064] 

Third Party Testing for Certain 

Children’s Products; Infant Bath Seats: 

Requirements for Accreditation of 

Third Party Conformity 

Correction 

In rule document 2010–13080 

beginning on page 31688 in the issue of 

Friday, June 4, 2010 make the following 

corrections: 

1. On page 31689, in the third 

column, in the first full paragraph, in 

the fourth and fifth lines, ‘‘December 1, 

2010’’ should read ‘‘December 6, 2010’’. 

2. On the same page, in the same 

column, in the same paragraph, in the 

10th and 11th lines, ‘‘December 2, 2010’’ 

should read ‘‘December 7, 2010’’. 

3. On page 31691, in the first column, 

in the second line from the top, 

‘‘December 1, 2010’’ should read 

‘‘December 7, 2010’’. 

[FR Doc. C1–2010–13080 Filed 6–14–10; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Parts 40, 49, and 602 

[TD 9486] 

RIN 1545–BJ41 

Indoor Tanning Services; Cosmetic 

Services; Excise Taxes 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Final and temporary 

regulations. 

SUMMARY: This document contains final 

and temporary regulations that provide 

guidance on the indoor tanning services 

excise tax imposed by the Patient 

Protection and Affordable Care Act. 

These final and temporary regulations 

mstockstill on DSKH9S0YB1PROD with RULES