33698 Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Proposed Rules 

Category X(c), that is ‘‘specially 

designed’’ for the ‘‘production’’ or 

‘‘development’’ of commodities 

controlled by ECCN 1A613 or USML 

Category X. 

b. Plasma pressure compaction (P2C) 

equipment ‘‘specially designed’’ for the 

production of ceramic or composite 

body armor plates controlled by ECCN 

1A613 or USML Category X. 

c. to x. [RESERVED] 

y. Specific test, inspection, and 

‘‘production’’ ‘‘equipment’’ ‘‘specially 

designed’’ for the ‘‘production’’ or 

‘‘development’’ of commodities 

controlled by ECCN 1A613 or USML 

Category X, as follows: 

y.1 to y.98 [RESERVED] 

y.99 Commodities not identified on 

the CCL that (i) have been determined, 

in an applicable commodity jurisdiction 

determination issued by the U.S. 

Department of State, to be subject to the 

EAR and (ii) would otherwise be 

controlled elsewhere in ECCN 1B613. 

13. In Supplement No. 1 to part 774, 

Category 1, add a new Export Control 

Classification Number 1D613 between 

ECCN 1D390 and 1D993 to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1D613 ‘‘Software’’ ‘‘specially 

designed’’ for the ‘‘development,’’ 

‘‘production,’’ operation, installation, 

maintenance, repair, overhaul or 

refurbishing of commodities controlled 

by 1A613 or 1B613, as follows (see list 

of items controlled). 

License Requirements 

Reason for Control: NS, RS, AT 

Control(s) Country chart 

NS applies to entire entry 

except 1D613.y.

NS Column 1. 

RS applies to entire entry 

except 1D613.y.

RS Column 1. 

AT applies to entire entry .. AT Column 1. 

License Exceptions 

CIV: N/A. 

TSR: N/A. 

STA: Paragraph (c)(2) of License 

Exception STA (§ 740.20(c)(2)) of the 

EAR may not be used for any ‘‘software’’ 

in 1D613. 

List of Items Controlled 

Unit: $ value. 

Related Controls: ‘‘Software’’ directly 

related to articles controlled by USML 

Category X is subject to the control of 

USML paragraph X(e) of the ITAR. See 

ECCN 0A919 for foreign made ‘‘military 

commodities’’ that incorporate more 

than 10% U.S.-origin ‘‘600 series’’ 

items. 

Related Definitions: N/A. 

Items: 

a. ‘‘Software’’ (other than ‘‘software’’ 

controlled in paragraph .y of this entry) 

‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation or maintenance of 

commodities controlled by ECCNs 

1A613 (except 1A613.y) or 1B613 

(except 1B613.y). 

b. to x. [RESERVED] 

y. Specific ‘‘software’’ ‘‘specially 

designed’’ for the ‘‘production,’’ 

‘‘development,’’ or operation or 

maintenance of commodities controlled 

by ECCNs 1A613 or 1B613, as follows: 

y.1. Specific ‘‘software’’ ‘‘specially 

designed’’ for the ‘‘production,’’ 

‘‘development,’’ operation or 

maintenance of commodities controlled 

by ECCNs 1A613.y or 1B613.y. 

y.2 through y.98 [RESERVED] 

y.99 ‘‘Software’’ not identified on the 

CCL that (i) has been determined to be 

subject to the EAR in a commodity 

jurisdiction determination issued by the 

U.S. Department of State and (ii) would 

otherwise be controlled elsewhere in 

ECCN 1D613. 

14. In Supplement No. 1 to part 774, 

Category 1, add a new Export Control 

Classification Number 1E613 between 

ECCN 1E355 and 1E994 to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1E613 ‘‘Technology’’ ‘‘required’’ for 

the ‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul or refurbishing of 

commodities controlled by 1A613 or 

1B613 or ‘‘software’’ controlled by 

1D613, as follows (see list of items 

controlled). 

License Requirements 

Reason for Control: NS, RS, AT 

Control(s) Country chart 

NS applies to entire entry 

except 1E613.y.

NS Column 1. 

RS applies to entire entry 

except 1E613.y.

RS Column 1. 

AT applies to entire entry .. AT Column 1. 

License Exceptions 

CIV: N/A. 

TSR: N/A. 

STA: Paragraph (c)(2) of License 

Exception STA (§ 740.20(c)(2)) of the 

EAR may not be used for any 

‘‘technology’’ in 1E613. 

List of Items Controlled 

Unit: $ value. 

Related Controls: Technical data 

directly related to articles controlled by 

USML Category X is subject to the 

control of USML paragraph X(e) of the 

ITAR. See ECCN 0A919 for foreign 

made ‘‘military commodities’’ that 

incorporate more than 10% U.S.-origin 

‘‘600 series’’ items. 

Related Definitions: N/A 

Items: 

a. ‘‘Technology’’ (other than 

‘‘technology’’ controlled by paragraph .y 

of this entry) ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishing of 

commodities or ‘‘software’’ controlled 

by ECCNs 1A613 (except 1A613.y), 

1B613 (except 1B613.y), or 1D613 

(except 1D613.y). 

b. through x. [RESERVED] 

y. Specific ‘‘technology’’ ‘‘required’’ 

for the ‘‘production,’’ ‘‘development,’’ 

operation, installation, maintenance, 

repair, or overhaul of commodities or 

software controlled by ECCNs 1A613, 

1B613, or 1D613, as follows: 

y.1. Specific ‘‘technology’’ ‘‘required’’ 

for the ‘‘production,’’ ‘‘development,’’ 

operation, installation, maintenance, 

repair or overhaul of commodities or 

software controlled by ECCNs 1A613.y, 

1B613.y, or 1D613.y. 

y.2. through y.98 [RESERVED] 

y.99. ‘‘Technology’’ that would 

otherwise be controlled elsewhere in 

this entry but that (i) has been 

determined to be subject to the EAR in 

a commodity jurisdiction determination 

issued by the U.S. Department of State 

and (ii) is not otherwise identified 

elsewhere on the CCL. 

Dated: May 30, 2012. 

Kevin J. Wolf, 

Assistant Secretary of Commerce for Export 

Administration. 

[FR Doc. 2012–13745 Filed 6–6–12; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF STATE 

22 CFR Part 121 

[Public Notice 7915] 

RIN 1400–AD16 

Amendment to the International Traffic 

in Arms Regulations: Revision of U.S. 

Munitions List Category X 

AGENCY: Department of State. 

ACTION: Proposed rule. 

SUMMARY: As part of the President’s 

Export Control Reform effort, the 

Department of State proposes to amend 

the International Traffic in Arms 

Regulations (ITAR) to revise Category X 


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(personal protective equipment and 

shelters) of the U.S. Munitions List 

(USML) to describe more precisely the 

materials warranting control on the 

USML. 

DATES: The Department of State will 

accept comments on this proposed rule 

until July 23, 2012. 

ADDRESSES: Interested parties may 

submit comments within 45 days of the 

date of publication by one of the 

following methods: 

• Email: 

DDTCResponseTeam@state.gov with the 

subject line, ‘‘ITAR Amendment— 

Category X.’’ 

• Internet: At www.regulations.gov, 

search for this notice by using this rule’s 

RIN (1400–AD16). 

Comments received after that date 

will be considered if feasible, but 

consideration cannot be assured. Those 

submitting comments should not 

include any personally identifying 

information they do not desire to be 

made public or information for which a 

claim of confidentiality is asserted 

because those comments and/or 

transmittal emails will be made 

available for public inspection and 

copying after the close of the comment 

period via the Directorate of Defense 

Trade Controls Web site at 

www.pmddtc.state.gov. Parties who 

wish to comment anonymously may do 

so by submitting their comments via 

www.regulations.gov, leaving the fields 

that would identify the commenter 

blank and including no identifying 

information in the comment itself. 

Comments submitted via 

www.regulations.gov are immediately 

available for public inspection. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Candace M. J. Goforth, Director, Office 

of Defense Trade Controls Policy, 

Department of State, telephone (202) 

663–2792; email 

DDTCResponseTeam@state.gov. ATTN: 

Regulatory Change, USML Category X. 

SUPPLEMENTARY INFORMATION: The 

Directorate of Defense Trade Controls 

(DDTC), U.S. Department of State, 

administers the International Traffic in 

Arms Regulations (ITAR) (22 CFR parts 

120–130). The items subject to the 

jurisdiction of the ITAR, i.e., ‘‘defense 

articles,’’ are identified on the ITAR’s 

U.S. Munitions List (USML) (22 CFR 

121.1). With few exceptions, items not 

subject to the export control jurisdiction 

of the ITAR are subject to the 

jurisdiction of the Export 

Administration Regulations (‘‘EAR,’’ 15 

CFR parts 730–774, which includes the 

Commerce Control List (CCL) in 

Supplement No. 1 to Part 774), 

administered by the Bureau of Industry 

and Security (BIS), U.S. Department of 

Commerce. Both the ITAR and the EAR 

impose license requirements on exports 

and reexports. Items not subject to the 

ITAR or to the exclusive licensing 

jurisdiction of any other set of 

regulations are subject to the EAR. 

Export Control Reform Update 

The Departments of State and 

Commerce described in their respective 

Advanced Notices of Proposed 

Rulemaking (ANPRM) in December 

2010 the Administration’s plan to make 

the USML and the CCL positive, tiered, 

and aligned so that eventually they can 

be combined into a single control list 

(see ‘‘Commerce Control List: Revising 

Descriptions of Items and Foreign 

Availability,’’ 75 FR 76664 (December 9, 

2010) and ‘‘Revisions to the United 

States Munitions List,’’ 75 FR 76935 

(December 10, 2010)). The notices also 

called for the establishment of a ‘‘bright 

line’’ between the USML and the CCL to 

reduce government and industry 

uncertainty regarding export 

jurisdiction by clarifying whether 

particular items are subject to the 

jurisdiction of the ITAR or the EAR. 

While these remain the 

Administration’s ultimate Export 

Control Reform objectives, their 

concurrent implementation would be 

problematic in the near term. In order to 

more quickly reach the national security 

objectives of greater interoperability 

with U.S. allies, enhancing the defense 

industrial base, and permitting the U.S. 

Government to focus its resources on 

controlling and monitoring the export 

and reexport of more significant items to 

destinations, end-uses, and end-users of 

greater concern than NATO allies and 

other multi-regime partners, the 

Administration has decided, as an 

interim step, to propose and implement 

revisions to both the USML and the CCL 

that are more positive, but not yet 

tiered. 

Specifically, based in part on a review 

of the comments received in response to 

the December 2010 notices, the 

Administration has determined that 

fundamentally altering the structure of 

the USML by tiering and aligning it on 

a category-by-category basis would 

significantly disrupt the export control 

compliance systems and procedures of 

exporters and reexporters. For example, 

until the entire USML was revised and 

became final, some USML categories 

would follow the legacy numbering and 

control structures while the newly 

revised categories would follow a 

completely different numbering 

structure. In order to allow for the 

national security benefits to flow from 

re-aligning the jurisdictional status of 

defense articles that no longer warrant 

control on the USML on a category-bycategory basis while minimizing the 

impact on exporters’ internal control 

and jurisdictional and classification 

marking systems, the Administration 

plans to proceed with building positive 

lists now and afterward return to 

structural changes. 

Revision of Category X 

This proposed rule revises USML 

Category X, covering personal protective 

equipment and shelters, to advance the 

national security objectives set forth 

above and to more accurately describe 

the articles within the category, in order 

to establish a ‘‘bright line’’ between the 

USML and the CCL for the control of 

these articles. 

Body armor enumerated in paragraph 

(a)(1) would be that which meets or 

exceeds NIJ Standard-0101.06 Type IV. 

Type III body armor would be 

controlled on the CCL in proposed 

ECCN 1A613. 

Anti-gravity suits, pressure suits, and 

atmosphere diving suits, currently 

controlled in paragraphs (a)(3), (a)(4), 

and (a)(5), respectively, would become 

subject to the EAR. 

Paragraph (a)(7) would control certain 

protective goggles, spectacles, and 

visors with an optical density of 3 or 

greater. 

Permanent and transportable shelters, 

currently controlled in paragraph (b), as 

well as equipment for the production of 

articles covered in this category (current 

paragraph (c)), would be controlled on 

the CCL in ECCNs 1A613 and 1B613, 

respectively. 

Paragraph (d), which controls parts 

and components, is limited in scope to 

include only ceramic or composite body 

armor plates, laser protective lenses for 

the articles enumerated in (a)(7), and 

classified hardware. As with the 

revision of other categories, the USML 

will not control all generic, non-specific 

parts, components, accessories, and 

attachments that are in any way 

specifically designed or modified for a 

defense article, regardless of their 

significance to maintaining a military 

advantage for the United States. These 

items would become subject to the new 

600 series controls in Category 1 of the 

CCL, to be published separately by the 

Department of Commerce. 

Finally, paragraph (f), which currently 

provides interpretations of Category X, 

is removed and placed in reserve. 

Definition for Specially Designed 

Although one of the goals of the 

export control reform initiative is to 

describe USML controls without using 

design intent criteria, a few of the 


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33700 Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Proposed Rules 

controls in the proposed revision 

nonetheless use the term ‘‘specially 

designed.’’ It is, therefore, necessary for 

the Department to define the term. Two 

proposed definitions have been 

published to date. 

The Department first provided a draft 

definition for ‘‘specially designed’’ in 

the December 2010 ANPRM (75 FR 

76935) and noted the term would be 

used minimally in the USML, and then 

only to remain consistent with the 

Wassenaar Arrangement or other 

multilateral regime obligation or when 

no other reasonable option exists to 

describe the control without using the 

term. The draft definition provided at 

that time is as follows: ‘‘For the 

purposes of this Subchapter, the term 

‘specially designed’ means that the enditem, equipment, accessory, attachment, 

system, component, or part (see ITAR 

§ 121.8) has properties that (i) 

distinguish it for certain predetermined 

purposes, (ii) are directly related to the 

functioning of a defense article, and (iii) 

are used exclusively or predominantly 

in or with a defense article identified on 

the USML.’’ 

The Department of Commerce 

subsequently published on July 15, 

2011, for public comment, the 

Administration’s proposed definition of 

‘‘specially designed’’ that would be 

common to the CCL and the USML. The 

public provided more than 40 

comments on that proposed definition 

on or before the September 13 deadline 

for comments. The Departments of 

State, Commerce, and Defense are now 

reviewing those comments and related 

issues, and the Departments of State and 

Commerce plan to publish for public 

comment another proposed rule on a 

definition of ‘‘specially designed’’ that 

would be common to the USML and the 

CCL. In the interim, and for the purpose 

of evaluation of this proposed rule, 

reviewers should use the definition 

provided in the December ANPRM. 

Request for Comments 

As the U.S. Government works 

through the proposed revisions to the 

USML, some solutions have been 

adopted that were determined to be the 

best of available options. With the 

thought that multiple perspectives 

would be beneficial to the USML 

revision process, the Department 

welcomes the assistance of users of the 

lists and requests input on the 

following: 

(1) A key goal of this rulemaking is to 

ensure the USML and the CCL together 

control all the items that meet 

Wassenaar Arrangement commitments 

embodied in Munitions List Category 13 

(WA–ML13). To that end, the public is 

asked to identify any potential lack of 

coverage brought about by the proposed 

rules for Category X contained in this 

notice and the new Category 1 ECCNs 

published separately by the Department 

of Commerce when reviewed together. 

(2) The key goal of this rulemaking is 

to establish a ‘‘bright line’’ between the 

USML and the CCL for the control of 

these materials. The public is asked to 

provide specific examples of materials 

and miscellaneous articles whose 

jurisdiction would be in doubt based on 

this revision. 

Regulatory Analysis and Notices 

Administrative Procedure Act 

The Department of State is of the 

opinion that controlling the import and 

export of defense articles and services is 

a foreign affairs function of the United 

States Government and that rules 

implementing this function are exempt 

from § 553 (Rulemaking) and § 554 

(Adjudications) of the Administrative 

Procedure Act (APA). Although the 

Department is of the opinion that this 

rule is exempt from the rulemaking 

provisions of the APA, the Department 

is publishing this rule with a 45-day 

provision for public comment and 

without prejudice to its determination 

that controlling the import and export of 

defense services is a foreign affairs 

function. As noted above, and also 

without prejudice to the Department 

position that this rulemaking is not 

subject to the APA, the Department 

previously published a related Advance 

Notice of Proposed Rulemaking (RIN 

1400–AC78), and accepted comments 

for 60 days. 

Regulatory Flexibility Act 

Since the Department is of the 

opinion that this rule is exempt from the 

rulemaking provisions of 5 U.S.C. 553, 

it does not require analysis under the 

Regulatory Flexibility Act. 

Unfunded Mandates Reform Act of 1995 

This proposed amendment does not 

involve a mandate that will result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This proposed amendment has been 

found not to be a major rule within the 

meaning of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. 

Executive Orders 12372 and 13132 

This proposed amendment will not 

have substantial direct effects 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. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this proposed 

amendment does not have sufficient 

federalism implications to require 

consultations or warrant the preparation 

of a federalism summary impact 

statement. The regulations 

implementing Executive Order 12372 

regarding intergovernmental 

consultation on Federal programs and 

activities do not apply to this proposed 

amendment. 

Executive Order 12866 

The Department is of the opinion that 

controlling the import and export of 

defense articles and services is a foreign 

affairs function of the United States 

Government and that rules governing 

the conduct of this function are exempt 

from the requirements of Executive 

Order 12866. However, the Department 

has reviewed the proposed rule to 

ensure its consistency with the 

regulatory philosophy and principles set 

forth in the Executive Order. 

Executive Order 13563 

The Department of State has 

considered this rule in light of 

Executive Order 13563, dated January 

18, 2011, and affirms that this regulation 

is consistent with the guidance therein. 

Executive Order 12988 

The Department of State has reviewed 

the proposed amendment in light of 

sections 3(a) and 3(b)(2) of Executive 

Order 12988 to eliminate ambiguity, 

minimize litigation, establish clear legal 

standards, and reduce burden. 

Executive Order 13175 

The Department of State has 

determined that this rulemaking will 

not have tribal implications, will not 

impose substantial direct compliance 

costs on Indian tribal governments, and 

will not preempt tribal law. 

Accordingly, Executive Order 13175 

does not apply to this rulemaking. 

Paperwork Reduction Act 

This proposed amendment does not 

impose any new reporting or 

recordkeeping requirements subject to 

the Paperwork Reduction Act, 44 U.S.C. 

Chapter 35. 


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Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Proposed Rules 33701 

List of Subjects in 22 CFR Part 121 

Arms and munitions, Exports. 

Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, part 121 is proposed to be amended 

as follows: 

PART 121—THE UNITED STATES 

MUNITIONS LIST 

1. The authority citation for part 121 

continues to read as follows: 

Authority: Secs. 2, 38, and 71, Pub. L. 90– 

629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977 

Comp. p. 79; 22 U.S.C. 2651a; Pub. L. 105– 

261, 112 Stat. 1920. 

2. Section 121.1 is amended by 

revising U.S. Munitions List Category X 

to read as follows: 

§ 121.1 General. The United States 

Munitions List. 

* * * * * 

Category X—Personal Protective 

Equipment and Shelters 

(a) Personal protective equipment, as 

follows: 

(1) Body armor providing a protection 

level equal to or greater than NIJ Type 

IV. 

Note 1 to (a)(1): See National Institute of 

Justice Classification, NIJ Standard-0101.06. 

Note 2 to (a)(1): For body armor providing 

a level of protection of Type I, Type II, Type 

IIA, Type IIIA, or Type III, see ECCNs 1A005 

and 1A613. 

(2) Personal protective clothing, 

equipment, or face paints ‘‘specially 

designed’’ to protect against or reduce 

detection by radar, IR, or other sensors 

at wavelengths greater than 900 

nanometers. 

Note to (a)(2): See Category XIII(j) for 

controls on related materials. 

(3) [Reserved] 

(4) [Reserved] 

(5) Integrated helmets, not specified 

in Category VIII (h)(15) or Category XII, 

incorporating optical sights or slewing 

devices, which include the ability to 

aim, launch, track, or manage 

munitions. 

(6) Helmets and helmet shells 

providing a protection level equal to or 

greater than NIJ Type IV. 

(7) Goggles, spectacles, or visors, 

employing other than common 

broadband absorptive dyes and UV 

inhibitors as a means of protection (e.g., 

narrow band filters/dyes or broadband 

limiters/coatings with high visible 

transparency), with optical density 

greater than 3 that protect against: 

(i) Visible (in-band) wavelengths; 

(ii) Thermal flashes associated with 

nuclear detonations; or 

(iii) Near infrared or ultraviolet (outof-band) wavelengths. 

Note 1 to (a)(7): See Category XIII(j) for 

controls on related materials. 

Note 2 to (a)(7): See Category XII for sensor 

protection equipment. 

(8) Developmental personal protective 

equipment and shelters and ‘‘specially 

designed’’ parts, components, 

accessories, and attachments therefor, 

developed under a contract with the 

U.S. Department of Defense. 

Note to (a)(8): Developmental personal 

protective equipment and shelters, and 

‘‘specially designed’’ parts, components, 

accessories, and attachments therefor, 

determined to be subject to the EAR via a 

commodity jurisdiction determination (see 

§ 120.4 of this subchapter) are not controlled 

by this paragraph. 

(b) [Reserved] 

(c) [Reserved] 

(d) Parts, components, assemblies, 

and associated equipment for the 

personal protective equipment 

controlled in this category as follows: 

(1) Ceramic or composite plates that 

provide protection equal to or greater 

than NIJ Type IV. 

(2) Lenses for the goggles, spectacles, 

and visors controlled in paragraph (a)(7) 

of this category. 

(3) Any component, part, accessory, 

attachment, equipment, or system that: 

(i) Is classified; 

(ii) Contains classified software; 

(iii) Is manufactured using classified 

production data; or 

(iv) Is being developed using 

classified information. 

‘‘Classified’’ means classified 

pursuant to Executive Order 13526, or 

predecessor order, and a security 

classification guide developed pursuant 

thereto or equivalent, or to the 

corresponding classification rules of 

another government. 

(e) Technical data (as defined in 

§ 120.10 of this subchapter) and defense 

services (as defined in § 120.9 of this 

subchapter) directly related to the 

defense articles enumerated in 

paragraphs (a) through (d) of this 

category. 

(f) [Reserved] 

* * * * * 

Dated: May 31, 2012. 

Rose E. Gottemoeller, 

Acting Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2012–13744 Filed 6–6–12; 8:45 am] 

BILLING CODE 4710–25–P 

NATIONAL MEDIATION BOARD 

29 CFR Parts 1206 

[Docket No. C–7034] 

RIN 3140–ZA01 

Representation Procedures and 

Rulemaking Authority; Correction 

AGENCY: National Mediation Board. 

ACTION: Proposed rule; correction. 

SUMMARY: This document corrects the 

text of a proposed rule published in the 

Federal Register on May 15, 2012. The 

proposed rule changes the National 

Mediation Board’s (NMB or Board) 

existing rules for run-off elections to 

incorporate statutory language added to 

the Railway Labor Act (RLA) by the 

Federal Aviation Administration 

Modernization and Reform Act of 2012. 

DATES: Comment date: The NMB will 

extend the comment period by 

accepting written comments that are 

received on or before August 6, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Mary Johnson, General Counsel, 

National Mediation Board, 202–692– 

5050, infoline@nmb.gov. 

SUPPLEMENTARY INFORMATION: The 

National Mediation Board is correcting 

its proposed rule published in the 

Federal Register on May 15, 2012 at 77 

FR 28536. This document makes a 

correction to clarify that Rule 1206.1 

only applies in elections where 3 or 

more options receive valid votes. 

Correction 

In FR Doc. No. 2012–11770, on page 

28537, in the right column, the text for 

§ 1206.1 is correctly revised to read as 

follows: 

§ 1206.1 Run-off elections. 

(a) In an election among any craft or class 

where three or more options (including the 

option for no representation) receive valid 

votes, if no option receives a majority of the 

legal votes cast, or in the event of a tie vote, 

the Board shall authorize a run-off election. 

(b) In the event a run-off election is 

authorized by the Board, the names of the 

two options which received the highest 

number of votes cast in the first election shall 

be placed on the run-off ballot, and no blank 

line on which voters may write in the name 

of any organization or individual will be 

provided on the run-off ballot. 

(c) Employees who were eligible to vote at 

the conclusion of the first election shall be 

eligible to vote in the run-off election except: 

(1) Those employees whose employment 

relationship has terminated; and 

(2) Those employees who are no longer 

employed in the craft or class. 


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