23872 Federal Register / Vol. 76, No. 83 / Friday, April 29, 2011 / Rules and Regulations 

1Under IRPS 95–1, decisions were appealable 30 

days from the date a Committee decision was issued 

and under IRPS 02–1 decisions were appealable 60 

days from the appellant’s receipt of a decision. 

would supersede and replace the 

previous two IRPSs on the Committee. 

The Board also made the following 

minor changes in the interim final IRPS: 

Inclusion of current position titles; 

deletion of the requirement for quarterly 

meetings (meetings will be held on an 

as needed basis); and to make timing of 

appeal of Committee decisions to the 

NCUA Board consistent, inclusions of a 

statement that all decisions appealable 

to the Board are from the date of receipt 

of decision.1

C. Summary of Comments 

NCUA received three comments, two 

from credit union trade associations and 

one from a state credit union 

association. All three commenters 

generally supported the rule, but did 

request additional changes. All three 

commenters requested that appeals to 

the Supervisory Review Committee be 

more transparent. Ideas suggested by the 

commenters included publishing on 

NCUA’s website the names of the 

committee members, the agenda and 

dates of committee meetings, an annual 

report of the committee’s actions, and 

the decisions of the committee. NCUA 

is considering ways to make the appeals 

process more transparent, including 

adding information about the 

Committee and its functions to the 

NCUA website. The Board, however, 

does not believe it is necessary to 

include any actions related to 

transparency in this IRPS. The purpose 

of the IRPS is to inform credit unions of 

their rights of appeal to the Committee. 

One commenter also requested that 

NCUA clarify how credit unions can 

appeal other supervisory and 

examination matters that are outside the 

scope of the Committee’s review. 

Section B of this IRPS lists various 

NCUA regulations addressing 

procedures for other appealable issues. 

In addition, Section B notes that the 

Board serves as the final administrative 

decision maker for major disputes not 

covered by those other regulations or 

this IRPS. Such matters should first be 

pursued through the appropriate 

Regional Office or the Office of 

Corporate Credit Unions. 

Regulatory Procedures 

Regulatory Flexibility Act 

The Regulatory Flexibility Act 

requires NCUA to prepare an analysis to 

describe a significant economic impact 

agency rulemaking may have on a 

substantial number of small credit 

unions. For purposes of this analysis, 

credit unions under $1 million in assets 

are considered small credit unions. 

This final IRPS expands the types of 

determinations that credit unions may 

appeal to the NCUA’s Supervisory 

Review Committee and combines two 

previous IRPS. This final IRPS imposes 

no additional financial, regulatory or 

other burden on credit unions. NCUA 

has determined and certifies that this 

final IRPS will not have a significant 

impact on a substantial number of small 

credit unions. Accordingly, NCUA has 

determined that a Regulatory Flexibility 

Analysis is not required. 

Paperwork Reduction Act 

NCUA has determined that this final 

IRPS does not increase paperwork 

requirements under the Paperwork 

Reduction Act of 1995 and regulations 

of the Office of Management and 

Budget. 

Executive Order 13132 

Executive Order 13132 encourages 

independent regulatory agencies to 

consider the impact of their regulatory 

actions on state and local interests. In 

adherence to fundamental federalism 

principles, NCUA, an independent 

regulatory agency as defined in 44 

U.S.C. 3502(5), voluntarily complies 

with the executive order. This final 

IRPS applies to all credit unions that 

appeal NCUA material supervisory 

determinations before the NCUA 

Supervisory Committee, but does not 

have substantial direct effect on the 

states, on the relationship between the 

national government and the states, or 

on the distribution of power and 

responsibilities among the various 

levels of government. NCUA has 

determined that this final IRPS does not 

constitute a policy that has federalism 

implications for purposes of the 

executive order. 

Assessment of Federal Regulations and 

Policies on Families 

NCUA has determined that this final 

IRPS will not affect family well-being 

within the meaning of Section 654 of 

the Treasury and General Government 

Appropriations Act, 1999, Public Law 

105–277, 112 Stat. 2681 (1998). 

Small Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 (Pub. 

L. 104–121) provides generally for 

congressional review of agency rules. A 

reporting requirement is triggered in 

instances where NCUA issues a final 

rule as defined by Section 551 of the 

APA. 5 U.S.C. 551. The Office of 

Management and Budget is currently 

reviewing this IRPS, but NCUA does not 

believe the IRPS is a major rule for 

purposes of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. 

Accordingly, the interim final IRPS 

11–1, which was published at 76 FR 

3674 on January 20, 2011, is adopted as 

a final IRPS without change. 

By the National Credit Union 

Administration Board on April 21, 2011. 

Mary F. Rupp, 

Secretary of the Board. 

[FR Doc. 2011–10103 Filed 4–28–11; 8:45 am] 

BILLING CODE 7535–01–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 732, 738, 770 and 774 

[Docket No. 100709293–1073–01] 

RIN 0694–AE96 

Editorial Corrections to the Export 

Administration Regulations 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) publishes this final rule 

to implement editorial corrections to the 

Export Administration Regulations 

(EAR). In particular, this rule corrects 

the country entry for Syria on the 

Commerce Country Chart to ensure that 

the license requirements are accurately 

represented. In addition, this rule 

corrects other errors in the Commerce 

Control List such as inaccurate 

references, spelling and technical errors, 

and removes superfluous wording to 

ensure accuracy in the EAR. 

DATES: Effective Date: This rule is 

effective: April 29, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Sharron Cook, Office of Exporter 

Services, Bureau of Industry and 

Security, by telephone at (202) 482– 

4890 or by e-mail at 

sharron.cook@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule implements editorial corrections to 

four parts of the Export Administration 

Regulations (EAR), including several 

Export Control Classification Number 

(ECCN) entries. In particular, the Bureau 

of Industry and Security (BIS) publishes 

this rule to correct the country entry for 

Syria on the Commerce Country Chart to 

more clearly identify for exporters the 

licensing requirements that apply to this 

destination. In addition, this final rule 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 83 / Friday, April 29, 2011 / Rules and Regulations 23873 

corrects inaccurate references, spelling 

and technical errors, and removes 

superfluous wording to ensure accuracy 

in the Commerce Control List (CCL). 

The revisions made by this rule are 

described more fully below in Code of 

Federal Regulations part number order. 

Part 732 

On October 3, 2008 (73 FR 57495), 

BIS published an interim final rule 

entitled ‘‘Encryption Simplification,’’ 

which inadvertently removed 

subparagraphs (1), (2), and (3) from 

paragraph (b) of section 732.2. These 

subsections discussed the scope of the 

EAR in relation to publicly available 

technology and software. This rule 

restores those subparagraphs to section 

732.2(b). 

Part 738 

On May 14, 2004 (69 FR 26766), BIS 

added General Order No. 2 to 

Supplement No. 1, Part 736 pursuant to 

Section 5(a)(1) of the Syria 

Accountability and Lebanese 

Sovereignty Restoration Act of 2003, 

which requires a prohibition on the 

export to Syria of all items on the CCL. 

However, the May 14, 2004 rule 

inaccurately represented the license 

requirements for Syria on the Commerce 

Country Chart (Supplement No. 1 to 

part 738). This rule revises those 

controls to ensure accurate licensing 

information is provided to improve 

compliance to the EAR. This rule 

removes the ‘‘X’s’’ under all the reasons 

for control, and adds in their place ‘‘See 

General Order No. 2 in Supplement 

No. 1 to Part 736 of the EAR to 

determine whether a license is required 

to export or reexport to this 

destination.’’ Adding this notation to the 

Commerce Country Chart does not 

substantively change existing controls 

related to Syria; it only serves to more 

accurately cite the applicable regulatory 

controls as set forth in the EAR. 

Part 770 

This rule revises section 770.2 to 

remove inaccurate ECCN references in 

paragraph (a)(1), which provides: 

‘‘Interpretation 1: Anti-friction bearing 

or bearing systems and specially 

designed parts.’’ The references to the 

five ECCNs in section 770.2 were 

inadvertently retained in the regulations 

when BIS removed the ECCNs from the 

Commerce Control List (CCL) in an 

interim rule published on January 15, 

1998 rule (63 FR 2452). This rule 

amends this error by removing the 

references to ECCNs: 2A002, 2A003, 

2A004, 2A005, and 2A006. This 

amendment is being made to ensure 

consistency with the EAR. 

Part 774 

This rule revises a number of entries 

with errors on the CCL to provide a 

complete and more accurate description 

of controls in certain ECCNs. A 

description of the specific amendments 

to the CCL is provided below. As 

described below, the amendments apply 

to ECCNs 0B002, 1B233, 1C006, 1E201, 

1E355, 2B005, 6A995, 6D993, 7D001, 

9D001, and 9D002. 

Category 0—Nuclear Materials, 

Facilities, and Equipment [And 

Miscellaneous Items] 

ECCN 0B002 is amended to 

redesignate paragraphs that were not 

correctly designated in an interim rule 

published on January 15, 1998 (63 FR 

2452, 2462–3). To revise the error, this 

rule redesignates paragraphs f.1, f.2, g, 

g.1, g.2, g.3, and g.4, as paragraphs e.1, 

e.2, f, f.1, f.2, f.3, and f.4, respectively. 

Category 1—Systems, Equipment, and 

Components 

ECCN 1B233 is amended to move a 

paragraph that was misplaced below the 

License Requirements section in a final 

rule published on August 29, 2002 (67 

FR 55594, 55602). This rule moves the 

paragraph, ‘‘Facilities and plants 

described in 1B233.a are subject to the 

export licensing authority of the Nuclear 

Regulatory Commission (see 10 CFR 

part 110)’’ from directly below the 

License Requirement section and 

relocates it to paragraph 2 in Related 

Controls in the List of Items Controlled 

section. This correction will ensure 

accuracy and consistency within the 

EAR. 

ECCN 1C006 is amended to remove a 

paragraph inadvertently left after the 

technical note was removed in an 

interim rule published on January 15, 

1998 (63 FR 2452, 2471). This rule 

removes paragraph ‘‘e’’ under the Items 

paragraph of the Lists of Items 

Controlled. 

ECCN 1E201 is amended to correct an 

inaccurate reference in the heading 

published in an interim rule on January 

15, 1998 (63 FR 2452, 2483). This rule 

corrects an inaccurate reference in the 

heading by revising the reference 

‘‘1C002.a.2.c or .d’’ to read ‘‘1C002.b.3 

and b.4.’’ 

ECCN 1E355 is amended to remove 

superfluous wording published in an 

interim rule on May 18, 1999 (64 FR 

27138, 27150). Specifically, this rule 

removes a redundant reference to the 

acronym ‘‘CWC,’’ which stands for the 

Chemical Weapons Convention, at the 

end of paragraph ‘‘b.’’ under the Items 

paragraph of the Lists of Items 

Controlled. 

Category 2—Materials Processing 

ECCN 2B005 is amended to correct a 

reference error made in a final rule 

published on April 18, 2008 (73 FR 

21035, 21039). This rule corrects the 

misprint in ‘‘(3)’’ of the Related Controls 

paragraph of ‘‘2B104’’ to read ‘‘2B105’’ to 

make the reference accurate and 

consistent with the EAR. 

Category 6—Sensors and Lasers 

ECCN 6A995 is amended to correct an 

inadvertent error made in a final rule 

published on November 5, 2007 (72 FR 

62524, 62547). This rule corrects the 

spelling of the word ‘‘or’’ after the word 

‘‘than’’ and before the word ‘‘equal’’ in 

the Note directly following paragraph 

6A995.e.2.b. This change will ensure 

consistency and accuracy in the EAR. 

ECCN 6D993 is amended to correct a 

technical error made in an interim rule 

published on January 15, 1998 (63 FR 

2452, 2535). This rule corrects the Unit 

paragraph in the Lists of Items 

Controlled to correctly coincide with 

the nature of the controlled software by 

removing the text ‘‘Equipment in 

number; parts and accessories in’’ so 

that the only remaining text is ‘‘$ value.’’ 

Category 7—Navigation and Avionics 

ECCN 7D001 is amended to correct a 

grammatical error made in a final rule 

published on November 5, 2007 (72 FR 

62524, 62549). This rule adds a comma 

between the words ‘‘systems’’ and 

‘‘inertial’’ in the RS paragraph of the 

License Requirements section to ensure 

grammatical accuracy in the EAR. 

Category 9—Aerospace and Propulsion 

ECCN 9D001 is amended to correct a 

technical error made in an interim rule 

published on March 25, 1996 (61 FR 

12713, 13032). This rule revises the 

description of the software to which the 

NS control applies in the License 

Requirements section by adding the 

phrase ‘‘and technology controlled by’’ 

to ensure accuracy in the application of 

these controls. This additional language 

ensures that 9E003 technology is not 

improperly referred to as equipment. 

ECCN 9D002 is amended to correct a 

technical error made in a final rule 

published on March 5, 2003 (68 FR 

10586, 10608). This rule revises the 

description of the software to which the 

NS control applies in the License 

Requirements section to ensure 

accuracy in the application of these 

controls. This additional wording 

ensures that 9E003 technology is not 

improperly referred to as equipment. 


srobinson on DSKHWCL6B1PROD with RULES
23874 Federal Register / Vol. 76, No. 83 / Friday, April 29, 2011 / Rules and Regulations 

Rulemaking Requirements 

1. This final rule has been determined 

to be not significant for purposes of E.O. 

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 Paperwork 

Reduction Act, unless that collection of 

information displays a currently valid 

Office of Management and Budget 

Control Number. This rule does not 

affect any paperwork collection. This 

rule does not contain policies with 

Federalism implications as that term is 

defined under E.O. 13132. 

3. The Department finds that there is 

good cause under 5 U.S.C. 553(b)(B) to 

waive the provisions of the 

Administrative Procedure Act requiring 

prior notice and the opportunity for 

public comment because it is 

unnecessary. The revisions made by this 

rule are administrative in nature and do 

not affect the rights and obligations of 

the public. Because these revisions are 

not substantive changes to the EAR, 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. Notice of proposed 

rulemaking and opportunity for public 

comment are not required for this rule 

under the Administrative Procedure Act 

or by any other law, and the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

not applicable. 

List of Subjects 

15 CFR Part 732 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 738 

Exports. 

15 CFR Part 770 

Exports. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

Accordingly, Parts 732, 738, 770 and 

774 of the Export Administration 

Regulations (15 CFR Parts 730 through 

774) are amended as follows: 

PART 732—[AMENDED] 

■ 1. The authority citation for part 732 

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 12, 2010, 75 FR 50681 (August 16, 

2010). 

■ 2. Section 732.2 is amended by adding 

paragraphs (b)(1), (2) and (3) to read as 

follows: 

§ 732.2 Steps regarding scope of the EAR. 

* * * * * 

(b) * * * 

(1) If your technology or software is 

publicly available, and therefore outside 

the scope of the EAR, you may proceed 

with the export or reexport if you are 

not a U.S. person subject to General 

Prohibition Seven. If you are a U.S. 

person, go to Step 15 at § 732.3(j) of this 

part. If you are a U.S. person and 

General Prohibition Seven concerning 

proliferation activity of U.S. persons 

does not apply, then you may proceed 

with the export or reexport of your 

publicly available technology or 

software. Note that all U.S. persons are 

subject to the provisions of General 

Prohibition Seven. 

(2) If your technology or software is 

not publicly available and you are 

exporting from the United States, skip to 

the Step 7 in § 732.3(b) of this part 

concerning the general prohibitions. 

(3) If you are exporting items from a 

foreign country, you should then 

proceed to Step 3 in paragraph (c) of 

this section and the other steps 

concerning the scope of the EAR. 

* * * * * 

PART 738—[AMENDED] 

■ 3. The authority citation for part 738 

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; 15 U.S.C. 1824a; 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 12, 2010, 75 

FR 50681 (August 16, 2010). 

■ 4. Supplement No. 1 to Part 738 is 

amended by revising the entry for Syria 

to read as follows: 

SUPPLEMENT NO. 1 TO PART 738—COMMERCE COUNTRY CHART

[Reason for control] 

Countries 

Chemical & biological 

weapons 

Nuclear non-proliferation National 

security 

Missile 

tech 

Regional 

stability 

Firearms 

convention 

Crime 

control 

Antiterrorism 

CB 

1 

CB 

2 

CB 

3 

NP 

1 

NP 

2 

NS 

1 

NS 

2 

MT 

1 

RS 

1 

RS 

2 

FC 

1 

CC 

1 

CC 

2 

CC 

3 

AT 

1 

AT 

2 

*******

Syria ......................................... See General Order No. 2 in Supplement No. 1 to Part 736 of the EAR to determine whether a license is required in order to export or reexport to this 

destination. 

*******

PART 770—[AMENDED] 

■ 5. The authority citation for part 770 

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 

12, 2010, 75 FR 50681 (August 16, 2010). 

■ 6. Section 770.2 is amended by 

revising paragraph (a)(1) to read as 

follows: 

§ 770.2 Item interpretations. 

(a) * * * 

(1) Anti-friction bearings or bearing 

systems shipped as spares or 

replacements are classified under 

Export Control Classification Number 

(ECCN) 2A001 (ball, roller, or needleroller bearings and parts). This applies 

to separate shipments of anti-friction 

bearings or bearing systems and antifriction bearings or bearing systems 

shipped with machinery or equipment 

for which they are intended to be used 

as spares or replacement parts. 

* * * * * 

PART 774—[AMENDED] 

■ 7. 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. 


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Federal Register / Vol. 76, No. 83 / Friday, April 29, 2011 / Rules and Regulations 23875 

1354; 15 U.S.C. 1824a; 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 12, 2010, 75 

FR 50681 (August 16, 2010). 

Supplement No. 1 to Part 774— 

[Amended] 

■ 8. In Category 0—Nuclear Materials, 

Facilities, and Equipment [And 

Miscellaneous Items], ECCN 0B002 is 

amended by: 

■ a. Redesignating paragraphs f.1 and f.2 

as paragraphs e.1 and e.2, respectively; 

and 

■ b. Redesignating paragraphs g, g.1, g.2, 

g.3, and g.4 as paragraphs f, f.1, f.2, f.3, 

and f.4, respectively. 

■ 9. In Category 1—Systems, 

Equipment, and Components ECCN 

1B233 is amended by: 

■ a. Revising the License Requirements 

section; and 

■ b. Revising the Related Controls 

paragraph of the List of Items Controlled 

section, to read as follows: 

Supplement No. 1 to Part 774— 

Commerce Control List 

* * * * * 

1B233 Lithium isotope separation facilities 

or plants, and equipment therefor, as 

follows (see List of Items Controlled). 

License Requirements 

Reason for Control: NP, AT 

Control(s) Country chart 

NP applies to 

1B233.b.

NP Column 1 

AT applies to 

1B233.b.

AT Column 1 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: (1) See ECCN 1E001 

(‘‘development’’ and ‘‘production’’) and 

ECCN 1E201 (‘‘use’’) for technology for 

items described in this entry. (2) Facilities 

and plants described in 1B233.a are subject 

to the export licensing authority of the 

Nuclear Regulatory Commission (see 10 

CFR part 110). 

* * * * * 

■ 10. In Category 1—Systems, 

Equipment, and Components, ECCN 

1C006 is amended by removing the last 

paragraph designated as ‘‘e’’ in the Items 

paragraph of the Lists of Items 

Controlled. 

■ 11. In Category 1—Systems, 

Equipment, and Components, ECCN 

1E201 is amended by revising the 

heading, to read as follows: 

1E201 ‘‘Technology’’ according to the 

General Technology Note for the ‘‘use’’ of 

items controlled by 1A002, 1A007, 

1A202, 1A225 to 1A227, 1B201, 1B225 

to 1B232, 1B233.b, 1C002.b.3 and b.4, 

1C010.a, 1C010.b, 1C010.e.1, 1C202, 

1C210, 1C216, 1C225 to 1C240 or 1D201. 

* * * * * 

■ 12. In Category 1—Systems, 

Equipment, and Components, ECCN 

1E355 is amended by removing the 

acronym ‘‘CWC’’ from the end of 

paragraph b in the Items paragraph of 

the List of Items Controlled section. 

■ 13. In Category 2—Materials 

Processing, ECCN 2B005, List of Items 

Controlled section is amended by 

removing ‘‘2B104’’ and adding in its 

place ‘‘2B105’’ in paragraph (3) of the 

Related Controls paragraph. 

■ 14. In Category 6—Sensors and Lasers, 

ECCN 6A995 is amended by revising the 

Note: 6A995.e.2.b to read as follows: 

6A995 ‘‘Lasers’’ (see List of Items 

Controlled). 

* * * * * 

Lists of Items Controlled 

* * * * * 

Items: * * * 

* * * * * 

e. * * * 

e.2 * * * 

e.2.b * * * 

Note: 6A995.e.2.b does not control 

multiple transverse mode, industrial ‘‘lasers’’ 

with output power less than or equal to 2kW 

with a total mass greater than 1,200kg. For 

the purpose of this note, total mass includes 

all components required to operate the 

‘‘laser,’’ e.g., ‘‘laser,’’ power supply, heat 

exchanger, but excludes external optics for 

beam conditioning and/or delivery. 

* * * * * 

■ 15. In Category 6—Sensors and Lasers, 

ECCN 6D993, the License requirements 

section is amended by removing the text 

‘‘Equipment in number; parts and 

accessories in’’ from the Unit paragraph. 

■ 16. In Category 7—Navigation and 

Avionics, ECCN 7D001 is amended by 

revising the RS control paragraph in the 

License Requirement section, to read as 

follows: 

7D001 ‘‘Software’’ specially designed or 

modified for the ‘‘development’’ or 

‘‘production’’ of equipment controlled by 

7A (except 7A994) or 7B (except 7B994). 

License Requirements 

Reason for Control: * * * 

Control(s) Country chart 

*****

RS applies to ‘‘software’’ for inertial 

navigation systems, 

inertial equipment, 

and specially designed components 

therefor, for ‘‘civil 

aircraft.’’.

RS Column 1 

*****

■ 17. In Category 9—Aerospace and 

Propulsion, ECCN 9D001 is amended by 

revising the NS control paragraph in the 

License Requirement section, to read as 

follows: 

9D001 ‘‘Software’’ specially designed or 

modified for the ‘‘development’’ of 

equipment or ‘‘technology,’’ controlled 

by 9A (except 9A018, 9A990 or 9A991), 

9B (except 9B990 or 9B991) or 9E003. 

License Requirements 

Reason for Control: * * * 

Control(s) Country chart 

NS applies to ‘‘software’’ for equipment controlled by 

9A001 to 9A003, 

9A012, 9B001 to 

9B010, and technology controlled 

by 9E003.

NS Column 1 

*****

■ 18. In Category 9—Aerospace and 

Propulsion, ECCN 9D002 is amended by 

revising the NS control paragraph in the 

License Requirement section, to read as 

follows: 

9D002 ‘‘Software’’ specially designed or 

modified for the ‘‘production’’ of 

equipment controlled by 9A (except 

9A018, 9A990, or 9A991) or 9B (except 

9B990 or 9B991). 

License Requirements 

Reason for Control: * * * 

Control(s) Country chart 

NS applies to ‘‘software’’ for equipment controlled by 

9A001 to 9A003, 

9A012, 9B001 to 

9B010, and technology controlled 

by 9E003.

NS Column 1 

*****


srobinson on DSKHWCL6B1PROD with RULES
23876 Federal Register / Vol. 76, No. 83 / Friday, April 29, 2011 / Rules and Regulations 

Dated: April 11, 2011. 

Kevin J. Wolf, 

Assistant Secretary. 

[FR Doc. 2011–9924 Filed 4–28–11; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

37 CFR Part 1 

[Docket No.: PTO–P–2010–0092] 

RIN 0651–AC52 

Changes To Implement the Prioritized 

Examination Track (Track I) of the 

Enhanced Examination Timing Control 

Procedures 

AGENCY: United States Patent and 

Trademark Office, Commerce. 

ACTION: Final rule; delay of effective and 

applicability dates. 

SUMMARY: On April 4, 2011, the United 

States Patent and Trademark Office 

(Office) published a final rule that 

revises the rules of practice in patent 

cases to implement a procedure under 

which applicants may request 

prioritized examination at the time of 

filing of an application upon payment of 

appropriate fees and compliance with 

certain requirements (Track I final rule). 

The prioritized examination procedure 

is the first track (Track I) of a 3-Track 

examination process designed to 

provide applicants with greater control 

over when their nonprovisional utility 

and plant applications are examined 

and to promote greater efficiency in the 

patent examination process. The Track 

I final rule states that the effective date 

is May 4, 2011, and that a request for 

prioritized examination may be 

submitted with any original utility or 

plant application filed on or after May 

4, 2011. The Office is hereby notifying 

the public that the Track I final rule 

effective date and applicability date 

have been delayed until further notice. 

DATES: Effective Date: The effective date 

for the amendments to 37 CFR 1.17 and 

1.102 published at 76 FR 18399, April 

4, 2011 (the Track I final rule) is delayed 

until further notice. The Office will 

publish a document in the Federal 

Register announcing the new effective 

date. 

Applicability date: No request for 

prioritized examination will be accepted 

until further notice. 

FOR FURTHER INFORMATION CONTACT: 

Eugenia A. Jones, Kathleen Kahler 

Fonda, or Michael T. Cygan, Office of 

Patent Legal Administration, Office of 

the Associate Commissioner for Patent 

Examination Policy, by telephone at 

(571) 272–7727, (571) 272–7754 or (571) 

272–7700, or by mail addressed to: Mail 

Stop Comments Patents, Commissioner 

for Patents, P.O. Box 1450, Alexandria, 

VA 22313–1450, marked to the attention 

of Eugenia A. Jones. 

SUPPLEMENTARY INFORMATION: On April 

4, 2011, the Office published a final rule 

that revises the rules of practice in 

patent cases to implement a procedure 

under which applicants may request 

prioritized examination at the time of 

filing of an application upon payment of 

appropriate fees and compliance with 

certain requirements (Track I final rule). 

See Changes to Implement the 

Prioritized Examination Track (Track I) 

of the Enhanced Examination Timing 

Control Procedures, 76 FR 18399 (Apr. 

4, 2011). The Office set an aggregate goal 

for the prioritized examination 

procedure of providing a final 

disposition within twelve months of 

prioritized status being granted. See 

Changes to Implement the Prioritized 

Examination Track (Track I) of the 

Enhanced Examination Timing Control 

Procedures, 76 FR at 18401. The Office, 

however, has found it necessary to 

revise its patent examiner hiring plan 

due to funding limitations. The revised 

hiring plan does not permit the Office 

to hire new examiners. With the current 

level of resources, the Office will not be 

able to meet the twelve-month 

pendency goal in prioritized 

examination applications without 

impacting the non-prioritized 

examination applications at this time. 

Therefore, the Office is delaying the 

effective date and applicability date of 

the Track I final rule until further 

notice. When the funding limitations are 

resolved, the Office will issue a 

subsequent notice identifying a revised 

effective date and applicability date on 

which the final rule shall apply. 

Dated: April 25, 2011. 

David J. Kappos, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 2011–10376 Filed 4–28–11; 8:45 am] 

BILLING CODE 3510–16–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 49 

[EPA–HQ–OAR–2010–0293; FRL–9300–2] 

RIN–2060–AQ56 

Clarifications to Indian Tribes’ Clean 

Air Act Regulatory Requirements; 

Direct Final Amendments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is taking direct final 

action to amend certain Clean Air Act 

regulations pertaining to Indian tribes. 

This action changes the title of the 

regulations titled, ‘‘Tribal Clean Air Act 

Authority’’ to the more accurate ‘‘Indian 

Country: Air Quality Planning and 

Management.’’ The action also 

reorganizes existing sections for better 

placement within the regulations. 

DATES: The direct final rule is effective 

on July 28, 2011 without further notice, 

unless EPA receives relevant adverse 

comments by May 31, 2011. If EPA 

receives relevant adverse comments, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the amendments in this rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2010–0293, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–9744. 

• Mail: Indian Country: Air Quality 

Planning and Management Docket, 

Environmental Protection Agency, 

Mailcode: 6102T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

Please include a total of two copies. 

• Hand Delivery: EPA Docket Center, 

Public Reading Room, EPA West, Room 

3334, 1301 Constitution Ave., NW., 

Washington, DC 20460. 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–HQ–OAR–2010– 

0293. The 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 


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