45198 Federal Register / Vol. 76, No. 145 / Thursday, July 28, 2011 / Rules and Regulations 

foreign control) if the component, part, 

tool or test equipment is to be used for 

manufacture, assembly, testing, 

production, or modification provided: 

* * * * * 

PART 129—REGISTRATION AND 

LICENSING OF BROKERS 

■ 9. The authority citation for part 129 

continues to read as follows: 

Authority: Sec. 38, Pub. L. 104–164, 110 

Stat. 1437, (22 U.S.C. 2778). 

■ 10. Section 129.4 is amended by 

revising paragraphs (a) and (b) to read 

as follows: 

§ 129.4 Registration statement and fees. 

(a) General. An intended registrant 

must submit a Department of State Form 

DS–2032 (Statement of Registration) to 

the Office of Defense Trade Controls 

Compliance by registered or overnight 

mail delivery, and must submit an 

electronic payment via Automated 

Clearing House (ACH) or Society for 

Worldwide Interbank Financial 

Telecommunications (SWIFT), payable 

to the Department of State of the fees 

prescribed in § 122.3(a) of this 

subchapter. Automated Clearing House 

is an electronic network used to process 

financial transactions originating from 

within the United States and SWIFT is 

the messaging service used by financial 

institutions worldwide to issue 

international transfers for foreign 

accounts. Payment methods (i.e., ACH 

and SWIFT) are dependent on the 

source of the funds (U.S. or foreign 

bank) drawn from the applicant’s 

account. The originating account must 

be the registrant’s account and not a 

third party’s account. Intended 

registrants should access the Directorate 

of Defense Trade Control’s Web site at 

http://www.pmddtc.state.gov for 

detailed guidelines on submitting ACH 

and SWIFT electronic payments. 

Payments, including from foreign 

brokers, must be in U.S. currency, 

payable through a U.S. financial 

institution. Cash, checks, foreign 

currency, or money orders will not be 

accepted. The Statement of Registration 

must be signed by a senior officer (e.g., 

Chief Executive Officer, President, 

Secretary, Partner, Member, Treasurer, 

General Counsel) who has been 

empowered by the intended registrant to 

sign such documents. The intended 

registrant, whether a U.S. or foreign 

person, shall submit documentation that 

demonstrates it is incorporated or 

otherwise authorized to do business in 

its respective country. Foreign persons 

who are required to register shall 

provide information that is substantially 

similar in content to that which a U.S. 

person would provide under this 

provision (e.g., foreign business license 

or similar authorization to do business). 

The Directorate of Defense Trade 

Controls will notify the registrant if the 

Statement of Registration is incomplete 

either by notifying the registrant of what 

information is required or through the 

return of the entire registration package. 

Registrants may not establish new 

entities for the purpose of reducing 

registration fees. 

(b) A person registering as a broker 

who is already registered as a 

manufacturer or exporter in accordance 

with part 122 of this subchapter must 

cite their existing manufacturer or 

exporter registration, and must pay an 

additional fee according to the schedule 

prescribed in § 122.3(a) of this 

subchapter for registration as a broker. 

* * * * * 

Dated: July 20, 2011. 

Ellen O. Tauscher, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2011–19115 Filed 7–27–11; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 15 

Office of the Secretary 

43 CFR Parts 4, 30 

[Docket ID BIA–2009–0001] 

RIN 1076–AF07 

Indian Trust Management Reform— 

Implementation of Statutory Changes 

AGENCY: Bureau of Indian Affairs, Office 

of the Secretary, Interior. 

ACTION: Final rule; confirmation. 

SUMMARY: The Office of the Secretary of 

the Department of the Interior and 

Bureau of Indian Affairs (collectively, 

the Department) are confirming the 

interim final rule published and 

effective on February 10, 2011, to 

implement the latest statutory changes 

to the Indian Land Consolidation Act, as 

amended by the 2004 American Indian 

Probate Reform Act and later 

amendments (ILCA/AIPRA). The 

February 10, 2011, publication stated 

that the Department would review 

comments on the interim final rule and 

either confirm the rule or initiate a 

proposed rulemaking. The Department 

did not receive any adverse comments, 

and therefore confirms the rule without 

change. 

DATES: The February 10, 2011, effective 

date of the interim final rule is 

confirmed. 

FOR FURTHER INFORMATION CONTACT: 

Michele Singer, Office of Regulatory 

Affairs & Collaborative Action, U.S. 

Department of the Interior, 1001 Indian 

School Road, NW., Suite 312, 

Albuquerque, NM 87104, phone: (505) 

563–3805; fax: (505) 563–3811; e-mail: 

Michele.Singer@bia.gov. 

SUPPLEMENTARY INFORMATION: On 

February 10, 2011, the Department 

published an interim final rule (76 FR 

7500), under Docket No. BIA–2009–001, 

to implement the latest statutory 

changes to ILCA/AIPRA. The rule’s 

changes primarily affect the probate of 

permanent improvements owned by a 

decedent that are attached to trust or 

restricted property owned by the 

decedent. These changes also affect the 

purchase of small fractional interests at 

probate by restricting who may 

purchase without consent and what 

interests may be purchased without 

consent. 

The Department stated in the interim 

final rule that it would address 

comments received and, by a future 

publication in the Federal Register, 

confirm the interim final rule, with or 

without change, or initiate a proposed 

rulemaking. 

The Department received one 

comment that expressly indicated it was 

not a substantive criticism of the rule, 

but requested a definition for the term 

‘‘probate.’’ The regulations being 

amended by the interim final rule, 25 

CFR part 15 and 43 CFR part 30, already 

contain a definition of ‘‘probate.’’ See 25 

CFR 15.2, 43 CFR 4.201, 30.101. 

Consequently, the Department did not 

make any change to the interim final 

rule as a result of this comment. The 

comment also included a suggestion 

regarding estate planning that is outside 

the scope of the interim final rule. 

For these reasons, the Department is 

confirming the interim final rule 

without change. 

List of Subjects 

25 CFR Part 15 

Estates, Indians—law. 

43 CFR Part 4 

Administrative practice and 

procedure, Claims, Indians, Lawyers. 

43 CFR Part 30 

Administrative practice and 

procedure, Claims, Estates, Indians, 

Lawyers. 


rmajette on DSK89S0YB1PROD with RULES
Federal Register / Vol. 76, No. 145 / Thursday, July 28, 2011 / Rules and Regulations 45199 

Dated: June 27, 2011. 

Donald E. Laverdure, 

Principal Deputy Assistant Secretary. 

Dated: July 12, 2011. 

Rhea S. Suh, 

Assistant Secretary—Policy, Management 

and Budget. 

[FR Doc. 2011–19060 Filed 7–27–11; 8:45 am] 

BILLING CODE 4310–6W–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0571; FRL–9444–7] 

Interim Final Determination To Defer 

Sanctions, San Joaquin Valley Unified 

Air Pollution Control District, CA 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final rule. 

SUMMARY: EPA is making an interim 

final determination to defer imposition 

of sanctions based on a proposed 

determination, published elsewhere in 

this Federal Register, that the State of 

California has submitted a rule that 

satisfies the requirements of Clean Air 

Act (CAA) Section 185 fee program. 

DATES: This interim final determination 

is effective on July 28, 2011. However, 

comments will be accepted until August 

29, 2011. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2011–0571, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send email directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. 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. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Lily 

Wong, EPA Region IX, (415) 947–4114, 

wong.lily@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

I. Background 

On January 13, 2010 (75 FR 1716), 

EPA published a final limited approval 

and limited disapproval of revisions to 

the San Joaquin Valley Unified Air 

Pollution Control District (SJVUAPCD) 

portion of the California State 

Implementation Plan (SIP). EPA’s final 

action concerned SJVUAPCD Rule 3170, 

‘‘Federally Mandated Ozone 

Nonattainment Fee,’’ a fee rule which 

applied to major sources of volatile 

organic compounds (VOCs) and oxides 

of nitrogen (NOX) emissions. SJVUAPCD 

submitted Rule 3170 pursuant to section 

185 of the CAA. EPA determined that 

while Rule 3170 strengthened the SIP, it 

did not fully meet the requirements of 

section 185 of the CAA. EPA’s final 

action started a sanctions clock for 

imposition of offset sanctions 18 months 

after February 12, 2010 and highway 

sanctions 6 months after offset 

sanctions, pursuant to section 179 of the 

CAA and our regulations at 40 CFR 

52.31. 

On May 19, 2011, SJVUAPCD 

amended Rule 3170 and on June 14, 

2011, the California Air Resources 

Board (CARB) submitted amended Rule 

3170. In the Proposed Rules section of 

today’s Federal Register, we have 

proposed approval of this submittal. 

Based on today’s proposed approval, we 

are taking this final rulemaking action, 

effective on publication, to defer 

imposition of sanctions that were 

triggered by our January 13, 2010 

limited approval and limited 

disapproval of Rule 3170, based on a 

finding that it is more likely than not 

that the SJVUAPCD has submitted a rule 

that meets the requirements of sections 

172(e) and 185 of the CAA. 

EPA is providing the public with an 

opportunity to comment on this deferral 

of sanctions. If comments are submitted 

that change our assessment described in 

this final determination and the 

proposed approval of Rule 3170, we 

would take final action proposing to 

partially or fully disapprove Rule 3170 

and lifting this deferral of the sanctions. 

If no comments are submitted that 

change our assessment, then with regard 

to the failure to meet the requirements 

of section 185 of the CAA, any imposed 

sanctions would no longer apply and 

any sanction clocks would be 

permanently terminated on the effective 

date of a final approval of Rule 3170. 

II. EPA Action 

We are making an interim final 

determination to defer CAA section 179 

sanctions associated with SJVUAPCD’s 

1-hour Ozone CAA section 185 

obligation based on our concurrent 

proposal to fully approve Rule 3170 as 

meeting sections 172(e) and 185 of the 

CAA. 

Because EPA has preliminarily 

determined that Rule 3170 meets the 

requirements of sections 172(e) and 185 

of the CAA and is fully approvable, 

relief from sanctions should be provided 

as quickly as possible. Therefore, EPA is 

invoking the good cause exception 

under the Administrative Procedure Act 

(APA) in not providing an opportunity 

for comment before this action takes 

effect (5 U.S.C. 553(b)(3)). However, by 

this action EPA is providing the public 

with a chance to comment on EPA’s 

determination after the effective date, 

and EPA will consider any comments 

received in determining whether to 

reverse such action. 

EPA believes that notice-andcomment rulemaking before the 

effective date of this action is 

impracticable and contrary to the public 

interest. EPA has reviewed the State’s 

submittal and, through its proposed 

action, is indicating that it is more likely 

than not that the State has submitted a 

revision to the SIP that meets sections 

172(e) and 185 of the CAA that was the 

basis for the action that started the 

sanctions clocks. Therefore, it is not in 

the public interest to impose sanctions. 

EPA believes that it is necessary to use 

the interim final rulemaking process to 

defer sanctions while EPA completes its 

rulemaking process on the approvability 

of the State’s submittal. Moreover, with 


rmajette on DSK89S0YB1PROD with RULES