Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Rules and Regulations 10357 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 730 and 744 

[Docket No. 120124063–0261–01] 

RIN 0694–AF55 

Updated Statements of Legal Authority 

To Reflect Continuation of Emergency 

Declared in Executive Orders 12947 

and 13224 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule updates the Code of 

Federal Regulations (CFR) legal 

authority citations for the Export 

Administration Regulations (EAR) to 

replace citations to the President’s 

Notice of January 13, 2011, 

Continuation of the National Emergency 

with Respect to Terrorists Who Threaten 

to Disrupt the Middle East Peace 

Process, with citations to the President’s 

Notice of January 12, 2012, and add 

citations to the President’s Notice of 

September 21, 2011, Continuation of the 

National Emergency With Respect to 

Persons Who Commit, Threaten to 

Commit, or Support Terrorism. These 

notices are the most recent such annual 

Presidential notices on those subjects. 

BIS is making these changes to keep the 

CFR’s legal authority citations for the 

EAR current. 

DATES: Effective Date: February 22, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

William Arvin, Regulatory Policy 

Division, Bureau of Industry and 

Security, telephone: (202) 482–2440. 

SUPPLEMENTARY INFORMATION: 

Addition of Citation to the Notice of 

January 19, 2012 

In Executive Order 12947 of January 

13, 1995 (60 FR 5079, 3 CFR, 1995 

Comp., p. 356), the President declared a 

national emergency with respect to the 

unusual and extraordinary threat to the 

national security, foreign policy and 

economy of the United States posed by 

grave acts of violence committed by 

terrorists who threaten to disrupt the 

Middle East process. On August 20, 

1998, by Executive Order 13099 (63 FR 

45167, 3 CFR, 1998 Comp., p. 208), the 

President modified the Annex to 

Executive Order 12947 to identify four 

additional persons who threaten to 

disrupt the Middle East peace process. 

On February 16, 2005, by Executive 

Order 13372, the President clarified the 

steps taken in Executive Order 12947. 

The national emergency declared in 

Executive Order 12947 has been 

continued in effect through successive 

annual presidential notices. 

The authority for Parts 730 and 744 of 

the EAR (15 CFR parts 730 and 744) 

rests in part on Executive Order 12947, 

as amended and clarified, and on the 

successive annual notices continuing 

the emergency declared in that 

Executive Order. This rule revises the 

authority citation paragraphs in those 

parts of the CFR to add a citation to the 

notice of January 19, 2012, which is the 

most recent such annual Presidential 

notice, and to remove the citation to the 

notice of January 13, 2011 on the same 

topic. 

Addition of Citation to the Notice of 

September 21, 2011 

On September 23, 2001, by Executive 

Order 13224, the President declared a 

national emergency with respect to 

persons who commit, threaten to 

commit, or support terrorism, pursuant 

to the International Emergency 

Economic Powers Act (50 U.S.C. 1701 et 

seq.). The President took this action to 

deal with the unusual and extraordinary 

threat to the national security, foreign 

policy, and economy of the United 

States constituted by the grave acts of 

terrorism and threats of terrorism 

committed by foreign terrorists, 

including the terrorist attacks on 

September 11, 2001. 

The authority for Parts 730 and 744 of 

the EAR (15 CFR parts 730 and 744) 

rests in part on Executive Order 13224 

and on the successive annual notices 

continuing the emergency declared in 

that Executive Order. This rule revises 

the authority citation paragraphs in 

those parts of the CFR to cite the notice 

of September 21, 2011, which is the 

most recent such annual Presidential 

notice. 

BIS is making the two revisions 

described in this rule so that Title 15 of 

the Code of Federal Regulations will cite 

the current authorities for the parts 

mentioned above. This rule is purely 

procedural and makes no changes other 

than to revise CFR authority citations 

paragraphs. It does not change the text 

of any section of the EAR, nor does it 

alter any right, obligation or prohibition 

that applies to any person under the 

EAR. 

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). This rule does not impose any 

regulatory burden on the public and is 

consistent with the goals of Executive 

Order 13563. This rule has been 

determined not to be a significant rule 

for purposes of Executive Order 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 the Paperwork 

Reduction Act of 1995 (PRA), 44 U.S.C. 

3501 et seq., unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This rule does 

not involve any collection of 

information. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. The Department finds that there is 

good cause under 5 U.S.C. 553(b)(3)(B) 

to waive the provisions of the 

Administrative Procedure Act requiring 

prior notice and the opportunity for 

public comment because they are 

unnecessary. This rule only updates 

legal authority citations and is 

nondiscretionary. This rule does not 

alter any right, obligation or prohibition 

that applies to any person under the 

EAR. Because these revisions are not 

substantive changes, 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. 

Because neither the Administrative 

Procedure Act nor any other law 

requires that notice of proposed 

rulemaking and an opportunity for 

public comment be given for this rule, 

the analytical requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) are not applicable. 

List of Subjects 

15 CFR Part 730 

Administrative practice and 

procedure, Advisory committees, 

Exports, Reporting and recordkeeping 

requirements, Strategic and critical 

materials. 

15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

Accordingly, the EAR (15 CFR parts 

730–774) is amended as follows: 

PART 730—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 730 is revised to read as follows: 


wreier-aviles on DSK5TPTVN1PROD with RULES
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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