Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Rules and Regulations 6301 

§ 201.10 Requirements and Procedures. 

(a) Every person operating or desiring 

to operate as a market agency or dealer 

as defined in section 301 of the Act (7 

U.S.C. 201) must apply for registration. 

To apply, such persons must file a 

properly executed application for 

registration on a form furnished by the 

Agency. Each applicant must file an 

application for registration with the 

regional office for the region where the 

applicant has his or her primary place 

of business, and file and maintain a 

bond as required in §§ 201.27 through 

201.34 (9 CFR 201.27 through 201.34). 

(b) If, upon review of an application, 

the Administrator has reason to believe 

the applicant is unfit to engage in the 

activity for which application has been 

made, a proceeding shall be instituted 

promptly affording the applicant the 

opportunity for a full hearing, in 

accordance with the Department’s Rule 

of Practice Governing Formal 

Adjudicatory Proceedings (7 CFR 

Subpart H), to show cause why the 

application for registration should not 

be denied. If after the hearing the 

application is denied, as soon as the 

issue(s) that formed the basis of the 

denial have been remedied, the 

applicant may file a new application for 

registration. 

(c) Any person regularly employed on 

salary, or other comparable method of 

compensation, by a packer to buy 

livestock for such packer is subject to 

the regulation requirements of this 

section. Such person must be registered 

as a dealer to purchase livestock for 

slaughter on behalf of the packer. 

(d) Every person clearing or desiring 

to clear the buying operations of other 

registrants must apply for registration as 

a market agency providing clearing 

services by filing a properly executed 

application on a form furnished by the 

Agency, and file and maintain a bond as 

required in §§ 201.27 through 201.34. 

(e) If an application for registration is 

granted, a market agency or dealer 

receives an acceptance letter from the 

Agency that issues the registration 

number and the effective date of the 

registration. Each registration issued in 

accordance with this section will not 

expire, provided that the registrant 

timely files its annual report with the 

Agency as required in section 201.97. 

Failure of a registrant to file an annual 

report by the date required in section 

201.97 will result in the issuance of a 

default notice. Thirty days after receipt 

of the default notice, the registration 

will expire if the Agency does not 

receive an annual report from the 

registrant. A registrant who fails to 

renew its registration in a timely 

manner, and continues to operate, will 

be engaged in business subject to the 

Act without a valid registration in 

violation of section 303 of the Act (7 

U.S.C. 203). 

(f) Registrations that expire during a 

period of suspension imposed as a 

result of an order or injunction may be 

renewed, but the renewal will not be 

effective until the specified suspension 

period terminates. 

J. Dudley Butler, 

Administrator, Grain Inspection, Packers and 

Stockyards Administration. 

[FR Doc. 2010–2845 Filed 2–8–10; 8:45 am] 

BILLING CODE 3410–KD–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 740 

[Docket No. 0812241645–91422–01] 

RIN 0694–AE52 

Revisions to License Exception GOV 

To Provide Authorization for Exports 

and Reexports of Commodities for Use 

on the International Space Station 

(ISS) 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule amends the Export 

Administration Regulations (EAR or 

Regulations) by revising an existing 

license exception to provide a new 

authorization for exports and reexports 

of certain commodities subject to the 

EAR when those commodities are 

intended for use on the International 

Space Station (ISS). This rule 

establishes specific terms and 

conditions with which exports or 

reexports must comply in order to take 

advantage of the new authorization. For 

example, an export or reexport 

undertaken in accordance with the new 

authorization must be consigned to an 

eligible recipient involved in the launch 

of the commodity to the ISS. This new 

authorization is limited to commodities 

that are subject to the EAR that are 

needed at a launch destination outside 

the United States on short notice. This 

rule defines ‘short notice’ as a 

requirement to have a commodity 

manifested and at the scheduled launch 

site for hatch-closure (final stowage) no 

more than forty-five (45) days from the 

time the exporter or reexporter received 

complete documentation. ‘Complete 

documentation’ means the exporter or 

reexporter received the technical 

description of the commodity and 

purpose for use of the commodity on the 

ISS. This rule defines ‘hatch-closure 

(final stowage)’ as the final date 

specified by a launch provider by which 

items must be at a specified location in 

a launch country in order to be included 

on a mission to the ISS. BIS has 

determined there is a low risk of 

diversion and a high benefit for 

authorizing these types of transactions 

to proceed under a license exception. 

DATES: Effective Date: This rule is 

effective February 9, 2010. Although 

there is no formal comment period, 

public comments on this regulation are 

welcome on a continuing basis. 

ADDRESSES: You may submit comments, 

identified by RIN 0694–AE52, by any of 

the following methods: 

E-mail: publiccomments@bis.doc.gov. 

Include ‘‘RIN 0694–AE52’’ in the subject 

line of the message. 

Fax: (202) 482–3355. Please alert the 

Regulatory Policy Division, by calling 

(202) 482–2440, if you are faxing 

comments. 

Mail or Hand Delivery/Courier: 

Timothy Mooney, U.S. Department of 

Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

14th St. & Pennsylvania Avenue, NW., 

Room 2705, Washington, DC 20230, 

Attn: RIN 0694–AE52. 

Send comments regarding the 

collection of information associated 

with this rule, including suggestions for 

reducing the burden, to Jasmeet K. 

Seehra, Office of Management and 

Budget (OMB), by e-mail to 

Jasmeet_K._Seehra@omb.eop.gov, or by 

fax to (202) 395–7285; and to the 

Regulatory Policy Division, Bureau of 

Industry and Security, Department of 

Commerce, 14th St. & Pennsylvania 

Avenue, NW., Room 2705, Washington, 

DC 20230. Comments on this collection 

of information should be submitted 

separately from comments on the final 

rule (i.e., RIN 0694–AE52)—all 

comments on the latter should be 

submitted by one of the three methods 

outlined above. 

FOR FURTHER INFORMATION CONTACT: 

Gene Christiansen, Senior Engineer/ 

Licensing Officer, Office of National 

Security and Technology Transfer 

Controls, telephone: (202) 482–2984. 

SUPPLEMENTARY INFORMATION: 

Background 

This rule adds a new paragraph (d) to 

License Exception GOV in 15 CFR 

740.11 (Governments, international 

organizations, and international 

inspections under the Chemical 

Weapons Convention (GOV)) to provide 

authorization for the export or reexport 

of certain commodities subject to the 


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6302 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Rules and Regulations 

EAR for use on the International Space 

Station (ISS). BIS has determined there 

is a low risk of diversion and a high 

benefit for authorizing these types of 

transactions to proceed under a license 

exception. This rule also updates the 

heading and introductory text of the 

section to reflect this new authorization. 

What is the ISS? 

The ISS is a research facility currently 

being assembled in outer space, the onorbit construction of which began in 

1998. The ISS is in a low-Earth orbit 

approximately 190 miles (350 km) above 

the surface of the Earth. It is a joint 

project among the space agencies of the 

United States, Russia, Japan, Canada, 

Europe and Italy. (The Italian Space 

Agency has separate contracts for 

various activities not done under the 

framework of the European Space 

Agency’s (ESA) works.) The ISS is 

nearing completion of assembly, and is 

planned to remain in operation until at 

least 2016. 

What has been the U.S. Government’s 

involvement with the ISS? 

The U.S. Government participation in 

this joint project includes developing 

and supplying many items that are used 

on the ISS, including many items that 

are subject to the jurisdiction of the 

EAR. For example, commodities subject 

to the EAR that are classified under 

Export Control Classification Number 

(ECCN) 9A004 (Space launch vehicles 

and ‘‘spacecraft’’) are used on the ISS, as 

are many other items subject to the 

Regulations. The U.S. Government, via 

the National Aeronautics and Space 

Administration (NASA), has 

international obligations pertaining to 

the ISS, including providing the overall 

program management and coordination 

for the design and development of the 

ISS and serving as the prime integrator 

for the ISS. 

Why is this new authorization needed 

under License Exception GOV? 

The ISS is serviced primarily by the 

U.S. Space Shuttle and the Russian 

manned Soyuz spacecraft and 

unmanned Progress spacecraft. 

However, NASA has announced its 

intention to discontinue the U.S. Space 

Shuttle program in the near future, so 

the ISS will have to rely increasingly on 

the Russian Soyuz and Progress 

spacecraft and other non-U.S. 

spacecraft, such as ESA’s Automated 

Transfer Vehicle (ATV) and Japan’s H– 

II Transfer Vehicle (HTV), until 

additional U.S. delivery vehicles 

become available. On March 9, 2008, 

ESA launched its first Automated 

Transfer Vehicle (ATV) to the ISS via its 

Ariane 5 launch system, with other 

ATVs to follow. On September 10, 2009 

(EDT), Japan launched its first of several 

HTVs to the ISS via its H–IIB launch 

vehicle. Because certain items used on 

the ISS are subject to the EAR, the 

Commerce Department and other 

agencies of the U.S. Government 

involved in reviewing BIS export 

license applications have worked with 

NASA when export licenses have been 

required for items eventually destined 

to the ISS, but launched from a foreign 

country. For example, commodities 

subject to the EAR classified under 

ECCN 9A004 are controlled for NS1 

reasons, meaning they are subject to a 

license requirement when exported or 

reexported to Russia. However, even 

when BIS license applications are given 

expedited review, there are certain 

processing time constraints that cannot 

be overcome (i.e., even with expedited 

review, the minimum time necessary for 

BIS to process and approve the license 

application may not be fast enough to 

accommodate certain launch 

opportunities). 

Given the unique environment in 

which the ISS exists, and the potential 

threat to its residents posed by even the 

most basic part wearing out or breaking, 

it is essential that NASA and other 

official suppliers of items used on the 

ISS be able to export or reexport those 

items when they are needed to supply 

or repair the ISS. The U.S. Government 

is committed to safety of flight and has 

various provisions under the EAR to 

help ensure safety of flight for civil 

aircraft. The ISS is unique in that it is 

constantly in operation and, therefore, 

the safety of flight concerns are 

significantly increased when any issues 

arise with parts or components used on 

the ISS. This engenders a need for a 

more expedited process to authorize 

these specific transactions for 

commodities that need to be delivered 

to the ISS as soon as possible. 

What types of changes are made to the 

EAR? 

In § 740.11 (Governments, 

international organizations, and 

international inspections under the 

Chemical Weapons Convention (GOV)), 

this rule adds a paragraph (d) to provide 

a new authorization for the export or 

reexport of commodities subject to the 

EAR that are classified under ECCN 

9A004 for use on the ISS. Specifically, 

this rule provides a new authorization 

for commodities classified under ECCN 

9A004 that are subject to the EAR that 

are needed at a launch destination 

outside of the U.S. on short notice. This 

rule defines ‘short notice’ as a 

requirement to have a commodity 

manifested and at the scheduled launch 

site for hatch-closure (final stowage) no 

more than forty-five (45) days from the 

time the exporter or reexporter received 

complete documentation. ‘Complete 

documentation’ means the exporter or 

reexporter received the technical 

description of the commodity and 

purpose for use of the commodity on the 

ISS. ‘Hatch-closure (final stowage)’ 

means the final date specified by a 

launch provider by which items must be 

at a specified location in a launch 

country in order to be included on a 

mission to the ISS. As noted above, in 

many cases, the commodities being 

exported or reexported under these 

provisions will be needed for a launch 

destined to the ISS within days, not 

months. To provide for unexpected 

delays in a launch schedule, such as for 

mechanical failures in a launch vehicle 

or weather related delays, this rule 

authorizes the retention of the 

commodities at or near the launch site 

for a period of six (6) months from the 

time of initial export or reexport before 

the commodities must be destroyed, 

returned, or a license application be 

submitted to BIS for further disposition 

of the commodity(ies). This rule also 

provides for a one-time six (6) month 

extension of this time limit provided the 

exporter or the person that has control 

of the items submits written notification 

to BIS requesting a six (6) month 

extension and noting the reason for the 

delay. 

What commodities may be exported or 

reexported under this new 

authorization? 

Only commodities classified under 

ECCN 9A004 that are subject to the EAR 

are eligible to be exported or reexported 

under this new paragraph of License 

Exception GOV. 

The following commodities are among 

those that may not be exported or 

reexported under this new 

authorization: 

Parts and components used by 

overseas manufacturers in the 

construction, assembly, fabrication, etc. 

of items used on the ISS. The export or 

reexport of parts and components to 

overseas manufacturers must be duly 

authorized by other provisions of the 

EAR; and 

Any commodity restricted by the 

provisions of § 740.2 (Restrictions on 

All License Exceptions) of the EAR. 

Who may export or reexport under this 

new authorization? 

In the vast majority of cases, the 

commodities exported for missions to 

the ISS will be exported by NASA to the 

launch countries. However, to account 


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Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Rules and Regulations 6303 

for certain times when a NASA supplier 

may need to export or reexport a 

commodity to a launch destination 

outside of the U.S., this exception is not 

limited to NASA as the exporter or 

reexporter. 

What destinations are eligible to receive 

commodities under this new 

authorization? 

Eligible destinations are France, 

Japan, Kazakhstan, and Russia. To be 

eligible, a destination needs to have a 

launch for a supply mission to the ISS 

scheduled by a country participating in 

the ISS. 

When may this authorization be used? 

There must also be a requirement to 

have a commodity at the scheduled 

launch site for hatch-closure (final 

stowage) no more than 45 days from the 

time the exporter or reexporter received 

complete documentation. ‘Complete 

documentation’ means the exporter or 

reexporter received the technical 

description of the commodity and 

purpose for use of the commodity on the 

ISS. The exporter or reexporter must 

receive the notification to supply the 

commodity for use on the ISS in 

writing. Acceptable forms of written 

notification include, but are not limited 

to: Email, fax, or letter. Exporters and 

reexporters must retain a record as per 

the Recordkeeping requirements in part 

762 of the EAR of this written 

notification requesting that specific 

commodities be supplied on short 

notice for a supply mission to the ISS, 

including the date the exporter or 

reexporter received complete 

documentation (i.e., the day on which 

the 45-day clock begins under paragraph 

(d) of this section). 

What space launch vehicles (SLVs) are 

eligible? 

This new authorization is limited to 

commodities that will be delivered to 

the ISS using United States, Russian, 

French (ESA), or Japanese space launch 

vehicles (SLVs). SLVs from any other 

countries are specifically excluded from 

this new authorization, even if one of 

those countries were to appear on 

NASA’s list as an eligible destination. 

Who may receive commodities under 

this new authorization? 

The persons who may receive or have 

access to commodities authorized under 

this new paragraph (d) are limited to 

eligible recipients involved in the 

launch of the commodities to the ISS. 

An eligible recipient may be the space 

agency of one of the member countries 

of the ISS project, but may also be other 

persons who are acting on behalf of one 

of those member countries in support of 

the ISS. For example, the Russian 

company S.P. Korolev Rocket and Space 

Corporation Energia coordinates the 

launch of items to the ISS from Russia, 

so it is an eligible recipient even though 

it is not a space agency. This rule 

specifically excludes from the list of 

eligible recipients any national of a 

country listed in Country Group E:1 in 

Supplement No. 1 to part 740. In 

addition, no person may receive 

commodities authorized under 

paragraph (d) if that person is subject to 

any end-user or end-use control 

described in part 744 of the EAR, 

including the Entity List in Supplement 

No. 4 to part 744. 

Finally, this rule adds recordkeeping 

requirements with which persons using 

paragraph (d) of License Exception GOV 

must comply in order to use this new 

authorization. 

Although the Export Administration 

Act expired on August 20, 2001, the 

President, through Executive Order 

13222 of August 17, 2001, 3 CFR, 2001 

Comp., p. 783 (2002), as extended by the 

Notice of August 13, 2009, 74 FR 41325 

(August 14, 2009), has continued the 

Export Administration Regulations in 

effect under the International 

Emergency Economic Powers Act. 

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 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 regulation 

involves collections previously 

approved by the OMB under control 

number 0694–0088, ‘‘Multi-Purpose 

Application,’’ form BIS–748. This 

collection carries a burden hour 

estimate of 58 minutes to prepare and 

submit. Miscellaneous and 

recordkeeping activities account for 12 

minutes per submission. Total burden 

hours associated with the PRA and 

OMB control number 0694–0088 are 

expected to increase slightly as a result 

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 or foreign 

affairs function of the United States. See 

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 rule. 

Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

given for this rule by 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. 

List of Subjects in 15 CFR Part 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

■ Accordingly, part 740 of the Export 

Administration Regulations (15 CFR 

parts 730–774) is amended as follows: 

PART 740—[AMENDED] 

■ 1. The authority citation for 15 CFR 

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). 

■ 2. Section 740.11 is amended: 

■ a. By revising the heading of the 

section; 

■ b. By revising the introductory text of 

the section; and 

■ c. By adding paragraph (d), to read as 

follows: 

§ 740.11 Governments, international 

organizations, international inspections 

under the Chemical Weapons Convention, 

and the International Space Station (GOV). 

This License Exception authorizes 

exports and reexports for international 

nuclear safeguards; U.S. government 

agencies or personnel, and agencies of 

cooperating governments; international 

inspections under the Chemical 

Weapons Convention; and the 

International Space Station. 

* * * * * 

(d) International Space Station 

(ISS)—(1) Scope. This paragraph (d) 

authorizes exports and reexports 

required on short notice of certain 

commodities subject to the EAR that are 

classified under ECCN 9A004 to launch 

sites for supply missions to the 

International Space Station (ISS). The 

ISS is a research facility in a low-Earth 

orbit approximately 190 miles (350 km) 

above the surface of the Earth. The ISS 

is a joint project among the space 


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6304 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Rules and Regulations 

agencies of the United States, Russia, 

Japan, Canada, Europe and Italy. 

(2) Eligible commodities. Any 

commodity subject to the EAR that is 

classified under ECCN 9A004 and that 

is required for use on the ISS on short 

notice. 

Note 1 to paragraph (d)(2): This license 

exception is not available for the export or 

reexport of parts and components to overseas 

manufacturers for the purpose of 

incorporation into other items destined for 

the ISS. 

Note 2 to paragraph (d)(2): For purposes of 

this paragraph (d), ‘short notice’ means the 

exporter is required to have a commodity 

manifested and at the scheduled launch site 

for hatch-closure (final stowage) no more 

than forty-five (45) days from the time the 

exporter or reexporter received complete 

documentation. ‘Complete documentation’ 

means the exporter or reexporter received the 

technical description of the commodity and 

purpose for use of the commodity on the ISS. 

For purposes of this paragraph (d), ‘hatchclosure (final stowage)’ means the final date 

specified by a launch provider by which 

items must be at a specified location in a 

launch country in order to be included on a 

mission to the ISS. The exporter or reexporter 

must receive the notification to supply the 

commodity for use on the ISS in writing. 

That notification must be kept in accordance 

with paragraph (d)(6) of this section and the 

Recordkeeping requirements in part 762 of 

the EAR. 

(3) Eligible destinations. Eligible 

destinations are France, Japan, 

Kazakhstan, and Russia. To be eligible, 

a destination needs to have a launch for 

a supply mission to the ISS scheduled 

by a country participating in the ISS. 

(i) Authorization to retain commodity 

at or near launch site for up to six 

months. If there are unexpected delays 

in a launch schedule for reasons such as 

mechanical failures in a launch vehicle 

or weather, commodities exported or 

reexported under the provisions of this 

paragraph (d) are authorized to be 

retained at or near the launch site for a 

period of six (6) months from the time 

of initial export or reexport before the 

commodities must be destroyed, 

returned to the exporter or reexporter, or 

be the subject of an individually 

validated license request submitted to 

BIS to authorize further disposition of 

the commodities. 

(ii) Authorization to retain commodity 

abroad at launch country beyond six 

months. If, after the commodity is 

exported or reexported under this 

authorization, a delay occurs in the 

launch schedule that would exceed the 

6-month deadline in paragraph (d)(3)(i) 

of this section, the exporter or 

reexporter or the person in control of 

the commodities in the launch country 

may request a one-time 6-month 

extension by submitting written 

notification to BIS requesting a 6-month 

extension and noting the reason for the 

delay. If the requestor is not contacted 

by BIS within 30 days from the date of 

the postmark of the written notification 

and if the notification meets the 

requirements of this subparagraph, the 

request is deemed granted. The request 

must be sent to BIS at the address listed 

in part 748 of the EAR and should 

include the name and address of the 

exporter or reexporter, the name and 

address of the person who has control 

of the commodity, the date the 

commodities were exported or 

reexported, a brief product description, 

and the justification for the extension. 

To retain a commodity abroad beyond 

the time authorized by paragraph 

(d)(3)(i) of this section, the exporter, 

reexporter or person in control of the 

commodity must request authorization 

by submitting a license application in 

accordance with §§ 748.1, 748.4 and 

748.6 of the EAR to BIS 90 days prior 

to the expiration of the 6-month 

extension period. 

(C) Items not delivered to the ISS 

because of a failed launch. If the 

commodities exported or reexported 

under this paragraph (d) of this section 

are not delivered to the ISS because a 

failed launch causes the destruction of 

the commodity prior to its being 

delivered, exporters and reexporters 

must make note of the destruction of the 

commodities in accordance with the 

recordkeeping requirements under 

paragraph (d)(6)(ii) of this section and 

part 762 of the EAR. 

(4) Requirement for commodities to be 

launched on an eligible space launch 

vehicle (SLV). Only commodities that 

will be delivered to the ISS using 

United States, Russian, ESA (French), or 

Japanese space launch vehicles (SLVs) 

are eligible under this authorization. 

Commodities to be delivered to the ISS 

using SLVs from any other countries are 

excluded from this authorization. 

(5) Eligible recipients. Only persons 

involved in the launch of commodities 

to the ISS may receive and have access 

to commodities exported or reexported 

pursuant to this paragraph (d), except 

that: 

(i) No commodities authorized under 

paragraph (d) of this section may be 

exported, reexported or transferred (incountry) to any national of an E:1 

country listed in Supplement No. 1 to 

part 740 of the EAR, and 

(ii) No person may receive 

commodities authorized under 

paragraph (d) of this section if they are 

subject to an end-user or end-use 

control described in part 744 of the 

EAR, including the entity list in 

Supplement No. 4 to part 744. 

(6) Recordkeeping requirements. 

Exporters and reexporters must 

maintain records regarding exports or 

reexports made using the authorization 

in paragraph (d) of this section as well 

as any other applicable recordkeeping 

requirements under part 762 of the EAR. 

(i) Exporters and reexporters must 

retain a record of the initial written 

notification they received requesting 

these commodities be supplied on short 

notice for a supply mission to the ISS, 

including the date the exporter or 

reexporter received complete 

documentation (i.e., the day on which 

the 45-day clock begins under paragraph 

(d) of this section). ‘Complete 

documentation’ means the exporter or 

reexporter received the technical 

description of the commodity and 

purpose for use of the commodity on the 

ISS. 

(ii) Exporters and reexporters must 

maintain records of the date of any 

exports or reexports made using the 

authorization in paragraph (d) of this 

section and the date on which the 

commodities were launched into space 

for delivery to the ISS. If the 

commodities exported or reexported 

under paragraph (d) of this section are 

not delivered to the ISS because of a 

failed launch whereby the item is 

destroyed prior to being delivered to the 

ISS, this must be noted for 

recordkeeping purposes. 

(iii) The return or destruction of 

defective or worn out parts or 

components exported pursuant to 

paragraph (d) of License Exception GOV 

is not required under this authorization. 

However, if defective or worn out parts 

or components originally exported or 

reexported pursuant to this paragraph 

(d) are returned from the ISS, then those 

parts and components may be either: 

returned to the original country of 

export or reexport; destroyed; or 

reexported or transferred (in-country) to 

a destination that has been designated 

by NASA for conducting a review and 

analysis of the defective or worn part or 

component. Documentation for this 

activity must be kept for recordkeeping 

purposes. No commodities that are 

subject to the EAR may be returned to 

a country listed in Country Group E:1 in 

Supplement No. 1 to part 740 or to any 

person if that person is subject to an 

end-user or end-use control described in 

part 744 of the EAR under the 

provisions of this paragraph (d)(6)(iii) of 

this section or any other provision of 

this paragraph (d) of this section. For 

purposes of paragraph (d) of this 

section, a ‘defective or worn out’ part or 

component is a part or component that 


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Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Rules and Regulations 6305 

no longer performs its intended 

function. 

(7) Reexports to an alternate launch 

country. If a mechanical or weather 

related issue causes a change from the 

scheduled launch country to another 

foreign country after a commodity was 

exported or reexported under this 

paragraph (d), then that commodity may 

be subsequently reexported to the new 

scheduled launch country, provided all 

of the terms and conditions of paragraph 

(d) of this section are met, along with 

any other applicable EAR provisions. In 

such instances, the 6-month time 

limitation described in paragraph 

(d)(3)(i) of this section would start over 

again at the time of the subsequent 

reexport transaction. Note that if the 

subsequent reexport may be made under 

the designation No License Required 

(NLR) or some other authorization 

under the EAR, a reexporter does not 

need to rely on the provisions contained 

in this paragraph (d). 

Dated: February 1, 2010. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–2579 Filed 2–8–10; 8:45 am] 

BILLING CODE 3510–33–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0706; FRL–9111–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Removal of NOX SIP Call 

Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the West 

Virginia State Implementation Plan 

(SIP). The revision removes West 

Virginia’s nitrogen oxides (NOX) SIP 

Call rules. EPA is approving this 

revision to remove West Virginia’s NOX

SIP Call rules in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on April 12, 

2010 without further notice, unless EPA 

receives adverse written comment by 

March 11, 2010. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2009–0706 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2009–0706, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2009– 

0706. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Powers, (215) 814–2308, or by 

e-mail at powers.marilyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

On July 20, 2009, the State of West 

Virginia submitted a formal revision to 

its SIP. The SIP revision removes West 

Virginia’s NOX SIP Call rules. West 

Virginia’s NOX SIP Call rules, approved 

into the West Virginia SIP on May 10, 

2002 (67 FR 31733) and September 28, 

2006 (71 FR 56881), established West 

Virginia’s NOX Budget Trading Program 

and set forth requirements for its nontrading sources, respectively. The 

former enabled West Virginia to 

participate in the EPA-administered 

regional NOX budget trading program 

under the NOX SIP Call. However, EPA 

discontinued the NOX SIP Call trading 

program after the 2008 ozone season, 

and starting in 2009, began 

administration of the trading programs 

under the Clean Air Interstate Rule 

(CAIR). CAIR established three separate 

emissions trading programs. One of 

these, the CAIR ozone season NOX

trading program, applies to the electric 

generating units (EGUs) that are subject 

to the NOX SIP Call but does not apply 

to the non-EGUs that were also trading 

sources under the NOX SIP Call. To help 

States address these sources, CAIR 

provided States with the flexibility to 

include the non-EGUs as part of their 

CAIR ozone season NOX trading 

program. West Virginia chose to bring 

these non-EGUs into its CAIR ozone 

season NOX trading program by 

including them in regulation 45CSR40— 

Control of Ozone Season Nitrogen Oxide 

Emissions to Mitigate Interstate 

Transport of Ozone and Nitrogen Oxides 

CAIR. In addition, West Virginia chose 

to recodify the provisions for its nontrading non-EGUs (internal combustion 

engines and cement kilns) that were 


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