41046 Federal Register / Vol. 76, No. 134 / Wednesday, July 13, 2011 / Rules and Regulations 

conditions, the Model G250 airplane 

must comply with the fuel-vent and 

exhaust-emission requirements of 14 

CFR part 34 and the noise-certification 

requirements of 14 CFR part 36; and the 

FAA must issue a finding of regulatory 

adequacy under § 611 of Public Law 92– 

574, the ‘‘Noise Control Act of 1972.’’ 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type-certification basis under 

§ 21.17(a)(2). 

Novel or Unusual Design Features 

The Model G250 airplane will 

incorporate the following novel or 

unusual design features: 

The Model G250 airplane is equipped 

with an electronic flight control system 

that provides control through the pilot 

inputs to the flight computer. This novel 

design feature is not covered in the 

current roll-maneuver airworthiness 

regulations of § 25.349(a). The current 

regulations do not address any 

nonlinearities or other effects upon roll 

control that may be caused by electronic 

flight controls. Therefore, special 

conditions are necessary to establish 

appropriate design standards for the 

GALP Model G250 airplane type design. 

Discussion 

The GALP Model G250 airplane is 

equipped with an electronic spoilercontrol system and a mechanical 

aileron-control system that provide roll 

control of the aircraft through pilot 

inputs. An electronic control unit 

operates the roll spoilers to assist the 

ailerons in roll control of the aircraft. 

Current part 25 airworthiness 

regulations account for control laws for 

which lateral control-surface deflection 

is proportional to control-stick 

deflection. They do not address any 

nonlinearities or other effects on rollcontrol-surface actuation that may be 

caused by electronic flight controls. 

Since this type of system may affect 

flight loads, and therefore the structural 

capability of the airplane, specific 

regulations are needed to address these 

effects. 

These special conditions differ from 

current requirements in that they 

require roll maneuvers to result from 

defined movements of the cockpit roll 

control, as opposed to defined aileron 

deflections. These special conditions 

require an additional load condition at 

design maneuvering speed VA, in which 

the cockpit roll control is returned to 

neutral following the initial roll input. 

These special conditions are limited 

to the roll axis only. Special conditions 

are no longer needed for the yaw axis 

because § 25.351 was revised at 

Amendment 25–91 to take into account 

the effects of an electronic flight control 

system for this control axis. 

Applicability 

As discussed above, these special 

conditions are applicable to the GALP 

Model G250 airplane. Should GALP 

apply at a later date for a change to the 

type certificate to include another 

model incorporating the same novel or 

unusual design feature, the special 

conditions would apply to that model as 

well. 

Conclusion 

This action affects only certain novel 

or unusual design features on the GALP 

Model G250 airplane. It is not a rule of 

general applicability and it affects only 

the applicant who applied to the FAA 

for approval of these features on the 

airplane. 

The FAA has determined that prior 

public notice and comment are 

unnecessary and impracticable, and 

good cause exists for adopting these 

special conditions upon issuance. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 

The Special Conditions 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the following special 

conditions are issued as part of the typecertification basis for GALP Model G250 

airplane. 

The following conditions, speeds, and 

cockpit roll-control motions (except as 

the motions may be limited by pilot 

effort) must be considered in 

combination with an airplane load 

factor of zero, and of two-thirds of the 

positive maneuvering factor used in the 

design. In determining the resulting 

control-surface deflections, the torsional 

flexibility of the wing must be 

considered in accordance with 

§ 25.301(b): 

In lieu of compliance with § 25.349(a): 

1. Conditions corresponding to steady 

rolling velocities must be investigated. 

In addition, conditions corresponding to 

maximum angular acceleration must be 

investigated for airplanes with engines 

or other weight concentrations outboard 

of the fuselage. For the angularacceleration conditions, zero rolling 

velocity may be assumed in the absence 

of a rational time-history investigation 

of the maneuver. 

2. At VA, sudden movement of the 

cockpit roll control up to the limit is 

assumed. The position of the cockpit 

roll control must be maintained until a 

steady roll rate is achieved and then 

must be returned suddenly to the 

neutral position. 

3. At design cruising speed VC, the 

cockpit roll control must be moved 

suddenly and maintained so as to 

achieve a roll rate not less than that 

obtained in Special Condition 2, above. 

4. At design diving speed VD, the 

cockpit roll control must be moved 

suddenly and maintained so as to 

achieve a roll rate not less than one 

third of that obtained in Special 

Condition 2, above. 

Issued in Renton, Washington, on July 1, 

2011. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–17534 Filed 7–12–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 738 and 740 

[Docket No. 110525299–1322–01] 

RIN 0694–AF27 

Addition of the New State of the 

Republic of South Sudan to the Export 

Administration Regulations 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: In this final rule, the Bureau 

of Industry and Security (BIS) amends 

the Export Administration Regulations 

(EAR) to add controls on exports and 

reexports of U.S.-origin dual-use items 

to a new nation, the Republic of South 

Sudan. In January 2011, a referendum 

was held in the region of Southern 

Sudan to determine whether that region 

would remain part of Sudan or become 

a separate, independent nation. On 

February 7, 2011, the referendum 

commission announced that the region 

of Southern Sudan had voted to become 

a separate nation, effective July 9, 2011. 

On February 7, 2011, recognizing this 

historic milestone in the 

implementation of the Comprehensive 

Peace Agreement (CPA), President 

Obama announced the intention of the 

United States to formally recognize the 

Republic of South Sudan as a sovereign 

state in July, 2011. 

BIS is therefore amending the EAR to 

reflect the July 9, 2011 formal 

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Federal Register / Vol. 76, No. 134 / Wednesday, July 13, 2011 / Rules and Regulations 41047 

recognition by adding the new nation, 

the Republic of South Sudan, to the 

Commerce Country Chart and including 

it in Country Group B, which will 

render the destination eligible for 

certain export and reexport License 

Exceptions. The controls that continue 

to apply to ‘‘Sudan’’ under the EAR will 

not apply to the Republic of South 

Sudan. 

DATES: This rule is effective July 9, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Susan Kramer, Foreign Policy Controls 

Division, Office of Nonproliferation and 

Treaty Compliance, Bureau of Industry 

and Security, Telephone: (202) 482– 

3241, or E-mail: 

Susan.Kramer@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Transition to the New and Independent 

State of the Republic of South Sudan 

The Republic of the Sudan (‘‘Sudan’’), 

referred to as ‘‘Sudan’’ in the EAR, was 

designated by the Secretary of State as 

a state sponsor of terrorism under U.S. 

law on August 12, 1993 (58 FR 52523, 

Oct. 8, 1993). On November 3, 1997, the 

President issued Executive Order (E.O.) 

13067 (Blocking Sudanese Government 

Property and Prohibiting Transactions 

with Sudan), imposing comprehensive 

economic sanctions against Sudan 

because of the policies and actions of 

the Government of Sudan, including its 

continued support for international 

terrorism. 

Consistent with the state sponsor of 

terrorism designation, the Department of 

Commerce imposed anti-terrorism 

controls on Sudan under the authority 

of Section 6 of the Export 

Administration Act of 1979, as amended 

(EAA). Specifically, Section 742.10 of 

the EAR restricts the export or reexport 

to Sudan of most items subject to the 

EAR that are listed on the Commerce 

Control List (CCL). 

On January 9, 2005, the Government 

of the Republic of the Sudan and the 

Sudan People’s Liberation Movement 

signed the Comprehensive Peace 

Agreement (CPA) ending the 22-year 

civil war, and in October, 2006, 

pursuant to E.O. 13412 the regional 

government of Southern Sudan was 

excluded from the definition of the 

‘‘Government of Sudan’’ set forth in E.O. 

13067, consistent with Sec. 8(e) of the 

Darfur Peace and Accountability Act of 

2006. 

Pursuant to the constitution 

developed under the CPA, in January 

2011, a referendum was held in the 

region of Southern Sudan to determine 

whether that region would remain part 

of Sudan or become a separate, 

independent nation. On February 7, 

2011, the referendum commission 

announced that the region of Southern 

Sudan had voted to become a separate 

nation, effective July 9, 2011. 

Recognizing this historic milestone in 

the implementation of the CPA, on 

February 7, 2011, President Obama 

announced the intention of the United 

States to formally recognize the 

Republic of South Sudan as a sovereign 

state. BIS is therefore amending the EAR 

to reflect this formal recognition as of 

July 9, 2011, by adding the new nation 

of the Republic of South Sudan to the 

Commerce Country Chart and including 

the new nation as part of Country Group 

B, which will render the destination 

eligible for certain export and reexport 

License Exceptions. The controls that 

continue to apply to ‘‘Sudan’’ under the 

EAR will not apply to the Republic of 

South Sudan. Through this amendment, 

BIS imposes appropriate export control 

requirements for U.S.-origin dual-use 

exports and reexports to the new nation. 

Amendments to the EAR To Add the 

Republic of South Sudan 

This rule adds the Republic of South 

Sudan to the Commerce Country Chart 

in Supplement No. 1 to Part 738 of the 

EAR and adds appropriate ‘‘X’’ symbols 

denoting license requirements 

implementing these controls for the new 

country. It also adds the new country to 

Country Group B in Supplement No. 1 

to Part 740 of the EAR. Country Group 

B includes a wide range of countries 

raising relatively few national security 

concerns. Countries in Country Group B 

are eligible for several License 

Exceptions not available for exports or 

reexports to countries in Country 

Groups D or E. The EAR will now list 

two countries with ‘‘Sudan’’ in their 

names: the Republic of the Sudan, 

referred to as ‘‘Sudan’’ in the EAR, the 

capital city of which is Khartoum, and 

the Republic of South Sudan, the capital 

of which is expected to be Juba. With 

the publication of this rule, BIS will 

require a license for the export or 

reexport to the Republic of South Sudan 

of items controlled unilaterally for 

regional stability and crime control 

reasons, and items controlled by the 

multilateral export control regimes 

(Australia Group, Wassenaar 

Arrangement, Chemical/Biological 

Weapons Conventions, Nuclear 

Suppliers Group, Missile Technology 

Control Regime). Other reasons for 

control under the EAR also may apply. 

This rule does not change the existing 

license requirements or licensing policy 

for exports and reexports of items to any 

other country under the EAR. 

Since August 21, 2001, the Export 

Administration Act of 1979, as 

amended, has been in lapse and the 

President, through Executive Order 

13222 of August 17, 2001 (3 CFR, 2001 

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

recently by the Notice of August 16, 

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

has continued the EAR in effect under 

the International Emergency Economic 

Powers Act. BIS continues to carry out 

the provisions of the Act, as appropriate 

and to the extent permitted by law, 

pursuant to Executive Order 13222. 

Rulemaking Requirements 

1. Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has been designated a ‘‘significant 

regulatory action’’ although not 

economically significant, under section 

3(f) of Executive Order 12866. 

Accordingly, the rule has been reviewed 

by the Office of Management and 

Budget. 

2. Notwithstanding any other 

provisions of law, no person is required 

to respond to nor be subject to a penalty 

for failure to comply with a collection 

of information, subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This rule 

involves a collection of information 

subject to the PRA. This collection has 

been approved by the Office of 

Management and Budget under control 

number 0694–0088, ‘‘Multi-Purpose 

Application,’’ which carries a burden 

hour estimate of 58 minutes to prepare 

and submit form BIS–748. Total burden 

hours associated with the PRA and 

OMB control number 0694–0088 are not 

expected to increase as a result of this 

rule. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. Pursuant to 5 U.S.C. 553(a)(1), the 

provisions of the Administrative 

Procedure Act requiring notice of 

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41048 Federal Register / Vol. 76, No. 134 / Wednesday, July 13, 2011 / Rules and Regulations 

1See Dodd-Frank Wall Street Reform and 

Consumer Protection Act, Public Law 111–203, 124 

Stat. 1376 (2010). The text of the Dodd-Frank Act 

may be accessed at http://www.cftc.gov./ 

LawRegulation/OTCDERIVATIVES/index.htm. 

2Pursuant to section 701 of the Dodd-Frank Act, 

Title VII may be cited as the ‘‘Wall Street 

Transparency and Accountability Act of 2010.’’ 

3 7 U.S.C. 1 et seq. 

4 75 FR 65586, Oct. 26, 2010. 

5Those comments are available on the 

Commission’s Web site at: http:// 

comments.cftc.gov/PublicComments/ 

CommentList.aspx?id=868. 

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)). This 

final rule implements the United States 

new policy to recognize the new and 

independent state of the Republic of 

South Sudan as announced by the 

President. 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. Therefore, 

this regulation is issued in final form. In 

addition, the Department finds good 

cause under 5 U.S.C. 553(d)(3) to waive 

the 30-day delay in effectiveness for the 

reasons provided above. Accordingly, 

this regulation is made effective 

immediately upon publication. 

List of Subjects 

15 CFR Part 738 

Exports. 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

Accordingly, parts 738 and 740 of the 

EAR (15 CFR parts 730–774) are 

amended as follows: 

PART 738—[AMENDED] 

■ 1. The authority citation for 15 CFR 

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). 

Supplement No. 1 to Part 738— 

[Amended] 

■ 2. Supplement No. 1 to part 738— 

Commerce Country Chart—is amended 

■ a. By adding in alphabetical order the 

‘‘Country’’ ‘‘South Sudan, Republic of’’; 

and 

■ b. By adding for ‘‘South Sudan, 

Republic of’’ an ‘‘X’’ in columns ‘‘CB1’’, 

‘‘CB2’’, ‘‘NP1’’, ‘‘NS1’’, ‘‘NS2’’, ‘‘MT1’’, 

‘‘RS1’’, ‘‘RS2’’, ‘‘CC1’’ and ‘‘CC3’’. 

PART 740—[AMENDED] 

■ 3. 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 12, 2010, 75 

FR 50681 (August 16, 2010). 

■ 4. Supplement No. 1 to Part 740— 

Country Groups—is amended by adding 

in alphabetical order ‘‘South Sudan, 

Republic of’’ to ‘‘Country Group B’’. 

Dated: July 6, 2011. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2011–17607 Filed 7–8–11; 4:15 pm] 

BILLING CODE 3510–33–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 1 

RIN 3038–AD23 

Agricultural Commodity Definition 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’ or 

‘‘CFTC’’) is charged with proposing 

rules to implement new statutory 

provisions enacted by Title VII of the 

Dodd-Frank Wall Street Reform and 

Consumer Protection Act (‘‘Dodd-Frank 

Act’’). The Dodd-Frank Act, which 

amends the Commodity Exchange Act 

(‘‘CEA’’ or ‘‘Act’’), includes provisions 

applicable to ‘‘a swap in an agricultural 

commodity (as defined by the [CFTC]).’’ 

Neither Congress nor the CFTC has 

previously defined that term for 

purposes of the CEA or CFTC 

regulations. On October 26, 2010, the 

Commission requested comment on a 

proposed definition. After reviewing the 

comments submitted in response to the 

proposed definition, the Commission 

has determined to issue these final rules 

in essentially the same form as 

originally proposed, subject to a minor 

revision to the commodity-based index 

provision. 

DATES: Effective Date—September 12, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Donald Heitman, Senior Special 

Counsel, (202) 418–5041, 

dheitman@cftc.gov, or Ryne Miller, 

Attorney Advisor, (202) 418–5921, 

rmiller@cftc.gov, Division of Market 

Oversight, Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. 

SUPPLEMENTARY INFORMATION: 

Part I—Background 

On July 21, 2010, President Obama 

signed the Dodd-Frank Wall Street 

Reform and Consumer Protection Act.1

Title VII of the Dodd-Frank Act 2

amended the CEA 3 to establish a 

comprehensive new regulatory 

framework for swaps and security-based 

swaps. The legislation was enacted to 

reduce risk, increase transparency, and 

promote market integrity within the 

financial system by, among other things: 

(1) Providing for the registration and 

comprehensive regulation of swap 

dealers and major swap participants; (2) 

imposing clearing and trade execution 

requirements on standardized derivative 

products; (3) creating robust 

recordkeeping and real-time reporting 

regimes; and (4) enhancing the 

Commission’s rulemaking and 

enforcement authorities with respect to, 

among others, all registered entities and 

intermediaries subject to the 

Commission’s oversight. 

The Dodd-Frank Act includes 

provisions applicable to ‘‘a swap in an 

agricultural commodity (as defined by 

the [CFTC]).’’ Neither Congress nor the 

CFTC has previously defined 

‘‘agricultural commodity’’ for purposes 

of the CEA or CFTC regulations. On 

October 26, 2010, the Commission 

issued a notice of proposed rulemaking 

requesting comment on a proposed 

definition of agricultural commodity 

(the ‘‘NPRM’’).4 After reviewing the 

comments submitted in response to the 

proposed definition,5 the Commission 

has determined to issue this final 

definition in essentially the same form 

as originally proposed, subject to a 

minor revision to the commodity-based 

index provision, for purposes of the 

CEA and Commission regulations. 

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