10358 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Rules and Regulations 

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. 2151 note; 

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. 11912, 41 FR 15825, 3 CFR, 

1976 Comp., p. 114; E.O. 12002, 42 FR 35623, 

3 CFR, 1977 Comp., p. 133; E.O. 12058, 43 

FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 

12214, 45 FR 29783, 3 CFR, 1980 Comp., p. 

256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 

Comp., p. 608; E.O. 12854, 58 FR 36587, 3 

CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR 

28205, 3 CFR, 1994 Comp., p. 899; E.O. 

12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 

950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 

Comp., p. 356; E.O. 12981, 60 FR 62981, 3 

CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR 

54079, 3 CFR, 1996 Comp., p. 219; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 

Comp., p. 208; E.O. 13222, 66 FR 44025, 3 

CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 

49079, 3 CFR, 2001 Comp., p. 786; E.O. 

13338, 69 FR 26751, 3 CFR, 2004 Comp., p 

168; Notice of August 12, 2011, 76 FR 50661 

(August 16, 2011); Notice of September 21, 

2011, 76 FR 59001 (September, 22, 2011); 

Notice of November 9, 2011, 76 FR 70319 

(November 10, 2011); Notice of January 19, 

2012, 77 FR 3067 (January 20, 2012). 

PART 744—[AMENDED] 

■ 2. The authority citation for 15 CFR 

part 744 is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 

42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 

U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 

1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 

3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 

FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 

12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 

356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 

Comp., p. 228; E.O. 13099, 63 FR 45167, 3 

CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 

44025, 3 CFR, 2001 Comp., p. 783; E.O. 

13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 

786; Notice of August 12, 2011, 76 FR 50661 

(August 16, 2011); Notice of September 21, 

2011, 76 FR 59001 (September, 22, 2011); 

Notice of November 9, 2011, 76 FR 70319 

(November 10, 2011); Notice of January 19, 

2012, 77 FR 3067 (January 20, 2012). 

Dated: February 14, 2012. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2012–4062 Filed 2–21–12; 8:45 am] 

BILLING CODE 3510–33–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Chapter II 

Acceptance of ASTM F963–11 as a 

Mandatory Consumer Product Safety 

Standard 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Acceptance of standard. 

SUMMARY: The Consumer Product Safety 

Commission (‘‘CPSC,’’ Commission,’’ or 

‘‘we’’) is announcing that we have 

accepted the revised ASTM F963–11 

standard titled, Standard Consumer 

Safety Specifications for Toy Safety. 

Pursuant to section 106 of the Consumer 

Product Safety Improvement Act of 

2008, ASTM F963–11 will become a 

mandatory consumer product safety 

standard effective June 12, 2012. 

DATES: ASTM F963–11 will become 

effective on June 12, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Midgett, Ph.D., Office of 

Hazard Identification and Reduction, 

U.S. Consumer Product Safety 

Commission, 4330 East West Highway, 

Suite 600, Bethesda, MD 20814; 

telephone (301) 504–7692; email 

jmidgett@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

On February 10, 2009, section 106(a) 

of the Consumer Product Safety 

Improvement Act of 2008, (CPSIA), 

Public Law 110–314, made the 

provisions of ASTM F963–07, Standard 

Consumer Safety Specifications for Toy 

Safety (except for section 4.2 and Annex 

4 or any provision that restates or 

incorporates an existing mandatory 

standard or ban promulgated by the 

Commission or by statute) mandatory 

consumer product safety standards 

under section 9 of the Consumer 

Product Safety Act (CPSA). On May 13, 

2009, the Commission accepted ASTM 

International (formerly the American 

Society for Testing and Materials) 

(ASTM) proposed revisions to the 

standard, by accepting ASTM F963–08 

(except for the removal of section 4.27 

of ASTM F963–07, which covers toy 

chests). The requirements of ASTM 

F963–08 became effective on August 16, 

2009, except for section 4.27 (toy chests) 

of ASTM F963–07, which was already 

in effect. 

On December 15, 2011, ASTM 

officially proposed revisions to the 

existing standard for Commission 

consideration, by submitting ASTM 

F963–11, Standard Consumer Safety 

Specifications for Toy Safety. ASTM 

proposes replacing ASTM F963–08 with 

the revised ASTM F963–11 version. 

Section 106(g) of the CPSIA provides 

that, upon ASTM notifying the 

Commission of proposed revisions to 

ASTM F963, the Commission must 

incorporate the revisions into the 

consumer product safety rule, unless 

within 90 days of receiving the notice, 

the Commission notifies ASTM that it 

has determined that the proposed 

revisions do not improve the safety of 

the consumer product(s) covered by the 

standard. If the Commission so notifies 

ASTM regarding a proposed revision of 

the standard, the existing standard 

remains in effect, regardless of the 

proposed revision. If the Commission 

does not object to the proposed 

revisions, the revised standard becomes 

effective 180 days after the date that 

ASTM notifies the Commission of the 

revision. 

The Commission has determined that 

the proposed revisions in ASTM F963– 

11 improve the safety of the consumer 

products covered by the standard. 

Therefore, although the CPSIA does not 

require us to issue a notice in the 

Federal Register announcing our 

decision, we are, through this notice, 

announcing that the CPSC accepts the 

revisions as mandatory consumer 

product safety standards. ASTM F963– 

11 will become effective as a mandatory 

consumer product safety standard on 

June 12, 2012. However, because ASTM 

F963–11 does not reincorporate section 

4.27 (toy chests) of ASTM F963–07, that 

provision from ASTM F963–07 

regarding toy chests remains in effect. 

Dated: February 15, 2012. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2012–3990 Filed 2–21–12; 8:45 am] 

BILLING CODE 6355–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 275 

[Release No. IA–3372; File No. S7–17–11] 

RIN 3235–AK71 

Investment Adviser Performance 

Compensation 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: The Securities and Exchange 

Commission (‘‘Commission’’ or ‘‘SEC’’) 

is adopting amendments to the rule 

under the Investment Advisers Act of 

1940 that permits investment advisers to 

charge performance based compensation 

to ‘‘qualified clients.’’ The amendments 


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