Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Rules and Regulations 34577 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of airspace necessary to 

ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it amends controlled airspace at Eagle’s 

Nest Airport, Waynesboro, VA. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR Part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for Part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, effective 

September 15, 2010, is amended as 

follows: 

Paragraph 6005 Class E airspace extending 

upward from 700 feet or more above the 

surface of the earth. 

* * * * * 

AEA VA E5 Waynesboro, VA [Amended] 

Eagle’s Nest Airport, VA 

(Lat. 38°04′37′′ N., long. 78°56′39′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.2 mile 

radius of Eagle’s Nest Airport, and within 2 

miles either side of the 052° bearing from the 

airport extending from the 6.2-mile radius to 

15.1 miles northeast of the airport, and 

within 2 miles either side of the 232° bearing 

from the airport extending from the 6.2-mile 

radius to 15.1 miles southwest of the airport. 

Issued in College Park, Georgia, on May 25, 

2011. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2011–14590 Filed 6–13–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 740, 743, and 774 

[Docket No. 110124056–1301–02] 

RIN 0694–AF11 

Wassenaar Arrangement 2010 Plenary 

Agreements Implementation: 

Commerce Control List, Definitions, 

Reports; Correction 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Correcting amendments. 

SUMMARY: This document corrects errors 

in a final rule published by the Bureau 

of Industry and Security (BIS) in the 

Federal Register on Friday, May 20, 

2011 that revised the Export 

Administration Regulations (EAR) by 

amending entries for certain items that 

are controlled for national security 

reasons in Categories 1, 2, 3, 4, 5 Parts 

I & II, 6, 7, 8, and 9; adding and 

amending definitions to the EAR; and 

revising reporting requirements. That 

final rule contained errors concerning 

radial ball bearings, as well as editorial 

mistakes. 

DATES: Effective Date: This rule is 

effective: June 14, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

general questions contact Sharron Cook, 

Office of Exporter Services, Bureau of 

Industry and Security, U.S. Department 

of Commerce at (202) 482–2440 or by 

e-mail: sharron.cook@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 20, 2011, the final rule, 

‘‘Wassenaar Arrangement 2010 Plenary 

Agreements Implementation: Commerce 

Control List, Definitions, Reports’’ was 

published in the Federal Register (76 

FR 29610). The May 20th rule removed 

paragraph 2A001.b, ‘‘Other ball bearings 

and solid roller bearings, having all 

tolerances specified by the manufacturer 

in accordance with ISO 492 Tolerance 

Class 2 (or ANSI/ABMA Std 20 

Tolerance Class ABEC–9 or RBEC–9, or 

other national equivalents), or better.’’ 

However, there is a subset of these ball 

bearings that are listed on the Missile 

Technology Control Regime Annex 

under 3.A.7, which provides: ‘‘Radial 

ball bearings having all tolerances 

specified in accordance with ISO 492 

Tolerance Class 2 (or ANSI/ABMA Std 

20 Tolerance Class ABEC–9 or other 

national equivalents), or better and 

having all the following characteristics: 

a. An inner ring bore diameter between 

12 and 50 mm; b. An outer ring outside 

diameter between 25 and 100 mm; and 

c. A width between 10 and 20 mm.’’ 

Therefore, BIS is adding a new Export 

Control Classification Number (ECCN) 

2A101 to the Commerce Control List 

(CCL) (Supplement No. 1 to part 774) to 

control the export and reexport of these 

ball bearings. ECCN 2A101 is controlled 

for Missile Technology (MT) and Antiterrorism (AT) reasons, more 

specifically MT column 1 and AT 

column 1. A license is required under 

MT Column 1 of the Commerce Country 

Chart (Supplement No. 1 to part 738) for 

export or reexport of ball bearings 

classified under ECCN 2A101 to all 

destinations, except Canada. License 

requirements and license review policy 

for MT controlled items are set forth in 

§ 742.5 of the EAR. License 

requirements and license review policy 

for AT controlled items are set forth in 

§§ 742.8 Iran, 742.9 Syria, 742.10 

Sudan, and 742.19 North Korea. 

To harmonize with the addition of 

ECCN 2A101, this rule adds 2A101 to 

the list of ECCNs in § 740.2(a)(5)(ii) that 

are MT controlled, but may be exported 

or reexported under §§ 740.9(a)(2)(ii) 

(License Exception TMP) or 740.10 

(License Exception RPL) as one-for-one 

replacements for equipment previously 

legally exported or reexported. 

To harmonize with the text of the WA 

list, this rule removes the word ‘‘the’’ in 

the phrase ‘‘For the ‘multiple channel 

ADCs’ ’’ that appears in Technical Note 

4 following paragraph 3A001.a.5.a.5. 

To harmonize with the text of the WA 

list, this rule removes the word 

‘‘converter’’ from the phrase ‘‘ADC 

converter units’’ in Technical Note 9 

following paragraph 3A001.a.5.a.5. 

To harmonize with the text of the WA 

list, this rule removes the Technical 

Note in the Items paragraph of ECCN 

3E001. 

This rule removes the Notes to 

paragraph (c)(1)(vi) in Section 743.1, 

because these notes relate to paragraphs 

6A002.a.3 and 6A006.d, which were 

removed from Wassenaar reporting 

requirements in the May 20th rule. 

This rule also removes paragraphs 

6A005.a.1 and 6A006.g and .h from the 

limited restrictions under the TSR 

paragraph of the License Exception 

section of ECCNs 6E001 and 6E002. 

Paragraph 6A005.a.1 is removed 

because it is not listed on the Wassenaar 

Arrangement Sensitive or Very Sensitive 

Lists. Paragraph 6A006.g and .h are no 

longer in existence, as these paragraphs 

were removed from the CCL on July 15, 

2005 (70 FR 41094, 41099). 

This rule also removes paragraph 

6A008.l.3 from Supplement No. 1 to 

part 740.11 ‘‘Additional Restrictions on 

Use of License Exception GOV.’’ The 


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34578 Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Rules and Regulations 

May 20th rule removed and reserved 

paragraph 6A008.l.3. The Wassenaar 

Arrangement (WA) inadvertently left 

this paragraph on the Sensitive and 

Very Sensitive Lists, but in the Spring 

of 2011 the WA agreed to correct this 

error. In addition, this rule removes 

6A008.l.3 from the limited restrictions 

under the TSR paragraph of the License 

Exception section of ECCNs 6D001, 

6E001 and 6E002. 

This rule also replaces the double 

quotes with single quotes around the 

term ‘‘Active noise reduction or 

cancellation systems’’ in paragraph 

8A002.o.3.b and the Technical Note of 

that paragraph. Single quotes are used to 

indicate the term is defined in the ECCN 

entry and double quotes are used when 

the term is defined in Section 772.1. 

Export Administration Act 

Since August 21, 2001, the Export 

Administration Act of 1979, as 

amended, has been in lapse. However, 

the President has continued the EAR in 

effect under the International 

Emergency Economic Powers Act (50 

U.S.C. 1701 et seq.) through Executive 

Order 13222 of August 17, 2001 (3 CFR 

2001 Comp. 783 (2002)), which has been 

extended by successive Presidential 

Notices, the most recent being that of 

August 12, 2010, 75 FR 50681 (August 

16, 2010). 

Saving Clause 

Shipments of items removed from 

license exception eligibility or eligibility 

for export without a license as a result 

of this regulatory action that were on 

dock for loading, on lighter, laden 

aboard an exporting carrier, or en route 

aboard a carrier to a port of export, on 

June 14, 2011, pursuant to actual orders 

for export to a foreign destination, may 

proceed to that destination under the 

previous license exception eligibility or 

without a license so long as they have 

been exported from the United States 

before August 15, 2011. Any such items 

not actually exported before midnight, 

on August 15, 2011, require a license in 

accordance with this regulation. 

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 determined to be not 

significant 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 (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 two collections of information 

subject to the PRA. One collection has 

been approved by OMB under control 

number 0694–0088, ‘‘Multi Purpose 

Application,’’ and carries a burden hour 

estimate of 58 minutes for a manual or 

electronic submission. The other 

collection has been approved by OMB 

under control number 0694–0106, 

‘‘Reporting and Recordkeeping 

Requirements under the Wassenaar 

Arrangement,’’ and carries a burden 

hour estimate of 21 minutes for a 

manual or electronic submission. Send 

comments regarding these burden 

estimates or any other aspect of these 

collections of information, including 

suggestions for reducing the burden, to 

OMB Desk Officer, New Executive 

Office Building, Washington, DC 20503; 

and to Jasmeet Seehra, OMB Desk 

Officer, by e-mail at 

Jasmeet_K._Seehra@omb.eop.gov or by 

fax to (202) 395–7285; and to the Office 

of Administration, Bureau of Industry 

and Security, Department of Commerce, 

14th and Pennsylvania Avenue, NW., 

Room 6622, Washington, DC 20230. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. The provisions of the 

Administrative Procedure Act (5 U.S.C. 

553) requiring notice of proposed 

rulemaking, the opportunity for public 

participation, and a delay in effective 

date, are inapplicable because this 

regulation involves a military and 

foreign affairs function of the United 

States (5 U.S.C. 553(a)(1)). Immediate 

implementation of these amendments 

fulfills the United States’ international 

obligation to the Wassenaar 

Arrangement on Export Controls for 

Conventional Arms and Dual-Use Goods 

and Technologies. The Wassenaar 

Arrangement (WA) contributes to 

international security and regional 

stability by promoting greater 

responsibility in transfers of 

conventional arms and dual use goods 

and technologies, thus preventing 

destabilizing accumulations of such 

items. The Wassenaar Arrangement 

consists of 40 member countries that act 

on a consensus basis, and the changes 

set forth in this rule implement 

agreements reached at the December 

2010 plenary session of the WA. Since 

the United States is a significant 

exporter of the items in this rule, 

implementation of this provision is 

necessary for the WA to achieve its 

purpose. Any delay in implementation 

will create a disruption in the 

movement of affected items globally 

because of disharmony between export 

control measures implemented by WA 

members, resulting in tension between 

member countries. Export controls work 

best when all countries implement the 

same export controls in a timely 

manner. If this rulemaking was delayed 

to allow for notice and comment, it 

would prevent the United States from 

fulfilling its commitment to the WA in 

a timely manner and would injure the 

credibility of the United States in this 

and other multilateral regimes. 

Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

given for this rule under the 

Administrative Procedure Act 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. Although there is no formal 

comment period, public comments on 

this regulation are welcome on a 

continuing basis. Comments should be 

submitted to Sharron Cook, Office of 

Exporter Services, Bureau of Industry 

and Security, Department of Commerce, 

14th and Pennsylvania Ave., NW., 

Room 2099, Washington, DC 20230. 

List of Subjects 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 743 

Administrative practice and 

procedure, Reporting and recordkeeping 

requirements. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

Accordingly, Parts 740, 743 and 774 

of the Export Administration 

Regulations (15 CFR parts 730–774) are 

amended as follows: 

PART 740—[AMENDED] 

■ 1. The authority citation for Part 740 

continues to read as follows: 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Rules and Regulations 34579 

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). 

§ 740.2 [Amended] 

■ 2. Section 740.2 is amended by 

removing the phrase ‘‘ECCN 2A001’’ 

and adding in its place ‘‘ECCNs 2A001 

or 2A101’’ in paragraph (a)(5)(ii). 

§ 740.11 [Amended] 

■ 3. In § 740.11, Supplement No. 1 to 

§ 740.11 is amended by: 

■ a. Removing ‘‘6A008.l.3,’’ from the 

following paragraphs: 

1. (a)(1) introductory text; 

2. (a)(1)(vii)(D) and (E); 

3. (b)(1) introductory text; and 

4. (b)(1)(vii)(D) and (E); and 

■ b. Removing ‘‘6A008.l.3 or’’ from 

paragraphs (a)(1)(vi)(C) and (b)(1)(vi)(C). 

PART 743—[AMENDED] 

■ 4. The authority citation for Part 743 

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). 

§ 743.1 [Amended] 

■ 5. Section 743.1 is amended by 

removing the notes to paragraph 

(c)(1)(vi). 

PART 774—[AMENDED] 

■ 6. 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. 

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). 

■ 7. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 2— 

Materials Processing is amended by 

adding ECCN 2A101, to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

2A101 Radial Ball Bearings Having all 

Tolerances Specified in Accordance With 

ISO 492 Tolerance Class 2 (or ANSI/ABMA 

Std 20 Tolerance Class ABEC-9 or Other 

National Equivalents), or Better and Having 

all the Following Characteristics (see List of 

Items Controlled). 

License Requirements 

Reason for Control: MT, AT0 

Control(s) Country chart 

MT applies to entire entry MT Column 1. 

AT applies to entire entry .. AT Column 1. 

License Exceptions 

LVS: N/A 

GBS: N/A 

CIV: N/A 

List of Items Controlled 

Unit: $ value 

Related Controls: See ECCN 2A001. 

Related Definitions: N/A 

Items: 

a. An inner ring bore diameter between 12 

and 50 mm; 

b. An outer ring outside diameter between 

25 and 100 mm; and 

c. A width between 10 and 20 mm. 

* * * * * 

Supplement No. 1 to Part 774 

[Amended] 

■ 8. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3 

Electronics, ECCN 3A001, List of Items 

Controlled section the Items paragraph 

is amended by: 

■ a. Removing the phrase ‘‘For the 

‘multiple channel ADCs’’’ from 

paragraph 4 of the Technical Notes 

following paragraph a.5.a.5 and adding 

in its place ‘‘For ‘multiple channel 

ADCs’ ’’; and 

■ b. Removing the phrase ‘‘multiple 

ADC converter units’’ from paragraph 9 

of the Technical Notes following 

paragraph a.5.a.5 and adding in its place 

‘‘multiple ADC units’’. 

Supplement No. 1 to Part 774 

[Amended] 

■ 9. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3 

Electronics, ECCN 3E001, List of Items 

Controlled section the Items paragraph 

is amended by removing the Technical 

Note. 

Supplement No. 1 to Part 774 

[Amended] 

■ 10. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 6— 

Sensors and ‘‘Lasers’’, ECCN 6D001 is 

amended by removing the phrase 

‘‘6A008.d, h, k, or 1.3, ’’ and adding in 

its place ‘‘6A008.d, h, or k, ’’ in 

paragraph 3 of the TSR paragraph in the 

License Exceptions section. 

Supplement No. 1 to Part 774 

[Amended] 

■ 11. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 6— 

Sensors and ‘‘Lasers’’, ECCN 6E001 is 

amended by: 

■ a. Removing 6A005.a.1, 6A006.g, 

6A006.h, and 6A008.l.3 from paragraph 

(4)(a) of the TSR paragraph in the 

License Exceptions section; and 

■ b. Removing the phrase ‘‘6A008.l.3 

or’’ from paragraph (4)(c) of the TSR 

paragraph in the License Exceptions 

section. 

Supplement No. 1 to Part 774 

[Amended] 

■ 12. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 6— 

Sensors and ‘‘Lasers’’, ECCN 6E002 is 

amended by removing 6A005.a.1, 

6A006.g, 6A006.h, and 6A008.l.3 from 

paragraph (3)(a) of the TSR paragraph in 

the License Exceptions section. 

Supplement No. 1 to Part 774 

[Amended] 

■ 13. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

8—Marine, ECCN 8A002 is amended by 

removing the double quotes around the 

term ‘‘Active noise reduction or 

cancellation systems’’ in paragraph o.3.b 

and the Technical Note of that 

paragraph and adding in its place single 

quotes. 

Dated: June 8, 2011. 

Bernard Kritzer, 

Director, Office of Exporter Services. 

[FR Doc. 2011–14667 Filed 6–13–11; 8:45 am] 

BILLING CODE 3510–33–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 240 

[Release No. 34–64628; File No. S7–10–11] 

RIN 3235–AK98 

Beneficial Ownership Reporting 

Requirements and Security-Based 

Swaps 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule; confirmation. 

SUMMARY: We are readopting without 

change the relevant portions of Rules 

13d–3 and 16a–1. Readoption of these 

provisions will preserve the application 

of our existing beneficial ownership 

rules to persons who purchase or sell 

security-based swaps after the effective 


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