4228 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Rules and Regulations 

Subject 

(d) Air Transport Association of America 

(ATA) Code 55: Stabilizers. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Cracks were reported on the rear horizontal 

stabilizer bracket of two L 23 SUPER– 

BLANIK sailplanes. 

This condition, if not corrected, could 

result in no longer retaining the horizontal 

stabilizer in place and consequent loss of 

control of the aeroplane. 

For the reasons described above, this AD 

requires immediate inspection of the bracket 

located at the top of the fin (drawing No. A 

730 420 N) and its replacement depending on 

findings. As a result of the on-going 

investigation further mandatory terminating 

action and/or repetitive inspection is likely 

to follow. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Before further flight after the effective 

date of this AD, inspect the rear horizontal 

stabilizer bracket critical areas (hinge 

welding areas) for cracks following LET 

Aircraft Industries Mandatory Bulletin No.: 

L23/053a, dated December 14, 2010. 

(2) If during the inspection required in 

paragraph (f)(1) of this AD a crack is found, 

before further flight, replace the bracket 

following LET Aircraft Industries Information 

Bulletin No.: L23/054b, dated December 20, 

2010. 

(3) Within 10 days after the replacement 

required in paragraph (f)(2) of this AD, do the 

following actions: 

(i) Send the damaged bracket to the address 

listed in paragraph (i)(2) of this AD. 

(ii) Send a report to the address listed in 

paragraph (i)(2) of this AD containing the 

following information: Registration mark, 

serial number, total hours time-in-service, 

and number of take-offs (if available) since 

the sailplane has been in operation. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

Attn: Jim Rutherford, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4165; fax: (816) 329– 

4090. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, a federal 

agency may not conduct or sponsor, and a 

person is not required to respond to, nor 

shall a person be subject to a penalty for 

failure to comply with a collection of 

information subject to the requirements of 

the Paperwork Reduction Act unless that 

collection of information displays a current 

valid OMB Control Number. The OMB 

Control Number for this information 

collection is 2120–0056. Public reporting for 

this collection of information is estimated to 

be approximately 5 minutes per response, 

including the time for reviewing instructions, 

completing and reviewing the collection of 

information. All responses to this collection 

of information are mandatory. Comments 

concerning the accuracy of this burden and 

suggestions for reducing the burden should 

be directed to the FAA at: 800 Independence 

Ave. SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 

Related Information 

(h) Refer to European Aviation Safety 

Agency (EASA) AD No.: 2010–0274–E, dated 

December 22, 2010; LET Aircraft Industries 

Mandatory Bulletin No.: L23/053a, dated 

December 14, 2010; and LET Aircraft 

Industries Information Bulletin No.: L23/ 

054b, dated December 20, 2010; for related 

information. 

Material Incorporated by Reference 

(i) You must use LET Aircraft Industries 

Mandatory Bulletin No.: L23/053a, dated 

December 14, 2010; and LET Aircraft 

Industries Information Bulletin No.: L23/ 

054b, dated December 20, 2010, to do the 

actions required by this AD, unless the AD 

specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Aircraft Industries, a.s.-Na 

zahonech 1177, 686 04 Kunovice, Czech 

Republic; telephone: +420 572 817 660; fax: 

+420 572 816 112; e-mail: ots@let.cz; 

Internet: http://www.let.cz/. 

(3) You may review copies of the 

referenced service information at the FAA, 

Small Airplane Directorate, 901 Locust, 

Kansas City, Missouri 64106. For information 

on the availability of this material at the 

FAA, call 816–329–4148. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri, on January 

12, 2011. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2011–1137 Filed 1–24–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 738, 740, 742, and 744 

[Docket No. 101222617–0617–01] 

RIN 0694–AF10 

U.S.-India Bilateral Understanding: 

Revisions to U.S. Export and Reexport 

Controls Under 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 implement several components 

of the bilateral understanding between 

the United States and India announced 

by President Obama and India’s Prime 

Minister Singh on November 8, 2010. 

This is the first in a series of rules 

implementing the President’s and Prime 

Minister’s commitment to work together 

to strengthen the global nonproliferation 

and export control framework and 

further transform our bilateral export 

control cooperation to realize the full 

potential of the strategic partnership 

between the two countries. The two 

leaders outlined mutual steps to 

implement an export control reform 

program. On the part of the United 

States, these steps include removing 

India’s defense and space-related 

entities from the Entity List 

(Supplement No. 4 to part 744 of the 

EAR) and realigning U.S. export 

licensing policy toward India by 

removing India from three country 

groups in the EAR and adding it to one 

country group. This rule also makes 

conforming changes to the EAR 

consistent with these steps. These 

reforms reflect India’s nonproliferation 

record and commitment to abide by 

multilateral export control standards. 

DATES: This rule is effective January 25, 

2011. Although there is no formal 

comment period, public comments on 

this regulation are welcome on a 

continuing basis. 

ADDRESSES: You may submit comments, 

identified by RIN 0694–AF10, by any of 

the following methods: 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Rules and Regulations 4229 

E-mail: publiccomments@bis.doc.gov 

Include ‘‘RIN 0694–AF10’’ in the subject 

line of the message. 

Fax: (202) 482–3355. Please alert the 

Regulatory Policy Division, by calling 

(202) 482–2440, if you are faxing 

comments. 

Mail or Hand Delivery/Courier: Sheila 

Quarterman, U.S. Department of 

Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

14th Street & Pennsylvania Avenue, 

NW., Room 2705, Washington, DC 

20230, Attn: RIN 0694–AF10. 

Send comments regarding the 

collection of information associated 

with this rule, including suggestions for 

reducing the burden, to Jasmeet Seehra, 

Office of Management and Budget 

(OMB), by e-mail to 

Jasmeet_K._Seehra@omb.eop.gov or by 

fax to (202) 395–7285. Comments on 

this collection of information should be 

submitted separately from comments on 

the final rule (i.e., RIN 0694–AF10)—- 

all comments on the latter should be 

submitted by one of the three methods 

outlined above. 

FOR FURTHER INFORMATION CONTACT: For 

questions regarding foreign policy and 

nonproliferation controls contact Alex 

Lopes, Director, Office of 

Nonproliferation and Treaty 

Compliance, Export Administration, 

Bureau of Industry and Security, Phone: 

(202) 482–3825, E-mail: 

ALopes@bis.doc.gov. 

For questions regarding the Entity List 

contact Karen Nies-Vogel, Chair, EndUser Review Committee, Office of the 

Assistant Secretary, Export 

Administration, Bureau of Industry and 

Security, U.S. Department of Commerce, 

Phone: (202) 482–5991, Fax: (202) 482– 

3911, E-mail: ERC@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

U.S.-India Bilateral Understanding: 

Revisions to U.S. Export and Reexport 

Controls Under the Export 

Administration Regulations 

On November 8, 2010, President 

Obama and Prime Minister Singh of 

India issued a Joint Statement 

announcing that they had resolved to 

expand and strengthen the India-U.S. 

global strategic partnership. (U.S.-India 

Joint Statement, November 8, 2010). The 

Joint Statement covers a range of issues, 

activities, and programs that reflect the 

vision of the President and of India’s 

Prime Minister. In the Joint Statement, 

the leaders reaffirmed that the U.S.- 

India strategic partnership is 

indispensable for global stability and 

prosperity and reaffirmed existing 

assurances regarding procurement and 

use by India of items subject to the 

Export Administration Regulations 

(EAR). In the Joint Statement, 

recognizing that India and the United 

States should play a leadership role in 

promoting global nonproliferation 

objectives and their desire to expand 

high technology cooperation and trade, 

the two leaders committed to work 

together to strengthen the global export 

control framework and further transform 

bilateral export control regulations and 

policies, and decided to take mutual 

steps to expand U.S.-India cooperation 

in civil space, defense and other hightechnology sectors. These steps include 

removal of Indian defense and spacerelated entities from the Entity List, and 

realignment of India in U.S. export 

control regulations. Additionally, the 

Joint Statement announced that the 

United States ‘‘intends to support 

India’s full membership in the four 

multilateral export control regimes 

(Nuclear Suppliers Group, Missile 

Technology Control Regime, Australia 

Group, and Wassenaar Arrangement) in 

a phased manner, and to consult with 

regime members to encourage the 

evolution of regime membership 

criteria,’’ while maintaining these 

regimes’ core principles, ‘‘as the 

Government of India takes steps towards 

the full adoption of the regimes’ export 

control requirements to reflect its 

prospective membership, with both 

processes moving forward together.’’ 

In this rule, BIS begins 

implementation of those reforms by 

revising certain export and reexport 

controls for India, including the removal 

of nine Indian entities from the Entity 

List. In addition, BIS amends the EAR 

to remove India from Country Groups 

D:2, D:3, and D:4 and to add India to 

Country Group A:2. In this rule, BIS also 

makes conforming changes in the EAR 

as part of these initial steps to 

implement the export control reform 

program outlined in the November 8, 

2010 U.S.-India bilateral understanding. 

These changes are in the national 

interest of the United States. 

Specific Amendments to the EAR 

Implementing U.S.-India Bilateral 

Understanding 

Part 744 

In this rule, BIS amends the EAR to 

remove the following entities from 

Supplement No. 4 to part 744 of the 

EAR, i.e., the Entity List: 

• Bharat Dynamics Limited (BDL). 

• All subordinates of India’s Defense 

Research and Development 

Organization (DRDO) identified on the 

Entity List immediately prior to the 

effective date of this rule, namely: 

—Armament Research and Development 

Establishment (ARDE); 

—Defense Research and Development 

Lab (DRDL); 

—Missile Research and Development 

Complex; and 

—Solid State Physics Laboratory. 

• All Indian Space Research 

Organization (ISRO) subordinate entities 

identified on the Entity List 

immediately prior to the effective date 

of this rule, namely: 

—Liquid Propulsion Systems Center; 

—Solid Propellant Space Booster Plant 

(SPROB); 

—Sriharikota Space Center (SHAR); and 

—Vikram Sarabhai Space Center 

(VSSC). 

The removal of these nine Indian 

entities from the Entity List eliminates 

the existing license requirements in the 

Entity List, Supplement No. 4 to part 

744, for exports, reexports, and transfers 

(in-country), to these entities. The 

removal of these entities from the Entity 

List does not, however, relieve persons 

of other obligations in part 744 of the 

EAR or under other applicable parts of 

the EAR. For example, neither the 

removal of a person from the Entity List 

nor the removal of Entity List-based 

license requirements relieves persons of 

their obligation to adhere to General 

Prohibition 5 in section 736.2(b)(5) of 

the EAR, which provides that ‘‘you may 

not, without a license, knowingly export 

or reexport any item subject to the EAR 

to an end-user or end-use that is 

prohibited by part 744 of the EAR.’’ 

Persons must also refrain from 

undertaking transfers (in-country) to an 

end-user or end-use that is prohibited 

by any provision of part 744. 

Additionally, such removals do not 

relieve persons of their obligation to 

apply for export, reexport, or transfer 

(in-country) licenses required by other 

provisions of the EAR. BIS strongly 

urges persons to review and abide by 

Supplement No. 3 to part 732 of the 

EAR, ‘‘BIS’s ‘Know Your Customer’ 

Guidance and Red Flags,’’ when 

involved in transactions that are subject 

to the EAR. 

Parts 738 and 740 

In this rule, BIS also removes India 

from Country Groups D:2, D:3, and D:4 

to Supplement No. 1 to part 740 of the 

EAR. These Country Groups list 

countries with certain restrictions on 

end-uses for nuclear nonproliferation 

(D:2), chemical & biological (D:3), and 

missile technology (D:4) reasons under 

the EAR. This rule also adds India to 

Country Group A:2 to Supplement No. 

1 to part 740 of the EAR, makes License 

Exception (BAG) (section 740.14(d) of 

the EAR) available for exports and 


srobinson on DSKHWCL6B1PROD with RULES
4230 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Rules and Regulations 

reexports of unaccompanied baggage to 

India, and makes India an eligible 

destination for reexports under License 

Exception Additional Permissive 

Reexports (APR) (section 740.16(a) of 

the EAR). 

Country Group D:2: India’s removal 

from Country Group D:2 will not change 

licensing policy toward India for items 

controlled for nuclear nonproliferation 

(NP column 1(NP1), Supplement No. 1 

to part 738 (Commerce Country Chart) 

of the EAR) reasons; a license will still 

be required for the export of NP1 items 

to all destinations in India. U.S.-origin 

items controlled unilaterally for nuclear 

nonproliferation reasons (NP2) do not 

require a license for most destinations 

in India. Prior to publication of this 

rule, paragraph (a)(2) of section 742.3 of 

the EAR expressly exempted India from 

the license requirement for Country 

Group D:2 countries. India’s removal 

from Country Group D:2 through this 

rule, however, makes this express 

exemption unnecessary, and it is 

therefore being removed. The removal of 

India from Country Group D:2 also 

eliminates a license requirement for 

India under section 744.6 of the EAR for 

certain U.S. person activities that 

involve any D:2 country. India, 

however, remains subject to the ‘‘catchall’’ controls in section 744.2 of the EAR 

(Restrictions on Certain Nuclear Enduses). Under section 744.2, a person 

may not export, reexport, or transfer (incountry) an item subject to the EAR to 

India without a license if, at the time of 

export, reexport, or transfer (in-country), 

the person knows that the item will be 

used, directly or indirectly, in activities 

described in paragraphs (a)(1), (a)(2), 

and (a)(3) of section 744.2, i.e., certain 

nuclear explosive activities, 

unsafeguarded nuclear activities, or 

certain safeguarded and unsafeguarded 

nuclear activities. 

Country Group D:3: The removal of 

India from Country Group D:3 means 

that paragraph (a)(3) of section 742.2 

(Proliferation of Chemical and 

Biological Weapons) of the EAR will not 

impose a license requirement for 

exports or reexports to India of medical 

products, identified in Export Control 

Classification Number (ECCN) 1C991.d,. 

Removal of India from Country Group 

D:3 also means that end users in India 

are eligible to receive certain items 

controlled for chemical and biological 

weapons reasons under special 

comprehensive licenses (SCLs) 

described in part 752 of the EAR. Items 

controlled for chemical and biological 

weapons reasons are ineligible for 

export or reexport under a SCL to D:3 

destinations. 

Furthermore, consistent with the 

removal of India from Country Group 

D:3, this rule removes licensing 

requirements for certain items 

controlled for chemical and biological 

weapons proliferation reasons for export 

or reexport to India, by removing the 

‘‘X’’ in ‘‘CB Column 3’’ for ‘‘India’’ in 

Supplement No. 1 to part 738 

(Commerce Country Chart) of the EAR. 

Country Group D:4: Removal of India 

from Country Group D:4 eliminates the 

requirement for export, reexport, and 

transfers (in-country) licenses for India 

under paragraphs (a)(1) and (a)(3) of 

section 744.3 (Restrictions on Certain 

Rocket Systems and Unmanned Air 

Vehicles End-Uses). Pursuant to section 

744.3(a)(2), a license will still be 

required for any item if, at the time of 

the export, reexport, or transfer (incountry), the person knows that the item 

will be used in India in the design, 

development, production, or use of 

rocket systems or unmanned air 

vehicles, regardless of range 

capabilities, for the delivery of 

chemical, biological, or nuclear 

weapons. The removal of India from 

Country Group D:4 also eliminates a 

license requirement for India under 

section 744.6 of the EAR for certain U.S. 

person activities that involve a D:4 

country. 

Removal of India from Country 

Groups D:2, D:3, and D:4 and the 

Availability of License Exceptions: 

Removal of India from Country Groups 

D:2, D:3, and D:4 expands the License 

Exceptions available for exports and 

reexports to India. This rule makes 

available exports and reexports to India 

of unaccompanied baggage under 

License Exception Baggage (BAG) 

section 740.14(d) of the EAR. Such 

removal also makes India an eligible 

destination for reexports under License 

Exception Additional Permissive 

Reexports (APR) set forth in section 

740.16(a) of the EAR. 

Country Group A:2: This rule also 

adds India to Country Group A:2, 

grouping India, as an adherent to the 

Missile Technology Control Regime 

(MTCR), with countries that are 

members of that regime. Under section 

742.5 of the EAR, a license is still 

required for export and reexport of 

items controlled for missile technology 

(MT) reasons to all destinations except 

Canada. 

Conforming Amendments 

As noted in the discussion of Country 

Group D:2 above, this rule removes a 

now unnecessary reference to India 

from section 742.3(a)(2) of the EAR. 

This rule also makes a conforming 

change in section 742.5(d) (Missile 

Technology Control Regime) of the EAR 

regarding India acknowledging that 

India is being included in Country 

Group A:2 as an MTCR adherent. 

Since August 21, 2001, the Export 

Administration Act of 1979, as amended 

(Act) 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 12, 

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 

Rulemaking Requirements 

1. This rule has been determined to be 

significant for purposes of Executive 

Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to or 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 regulation 

involves collections previously 

approved by the OMB under control 

numbers 0694–0088, ‘‘Multi-Purpose 

Application,’’ which carries a burden 

hour estimate of 58 minutes to prepare 

and submit form BIS–748. 

Miscellaneous and recordkeeping 

activities account for 12 minutes per 

submission. Total burden hours 

associated with the Paperwork 

Reduction Act and Office and 

Management and Budget 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 in Executive Order 

13132. 

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

provisions of the Administrative 

Procedure Act requiring notice of 

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. 53(a)(1)). This final 

rule implements aspects of the 

understanding between the United 

States and India reflected in the 

November 8, 2010 U.S.-India Joint 

Statement and is not discretionary. No 

other law requires that a notice of 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Rules and Regulations 4231 

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. Accordingly, 

no Regulatory Flexibility analysis is 

required and none has been prepared. 

Notwithstanding these considerations, 

BIS welcomes public comments and 

will review them on a continuing basis. 

List of Subjects 

15 CFR Part 738 

Exports. 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 742 

Exports and Terrorism. 

15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

Accordingly, parts 738, 740, 742 and 

744 of the EAR (15 CFR parts 730–774) 

are amended as follows: 

PART 738 [AMENDED] 

■ 1. The authority citation for 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 is 

amended by removing the ‘‘X’’ in ‘‘CB 

Column 3’’ for ‘‘India’’. 

PART 740—[AMENDED] 

■ 3. The authority citation for 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). 

Supplement No. 1 To Part 740— 

[Amended] 

■ 4. Supplement No. 1 to part 740 is 

amended: 

■ a. By adding ‘‘India’’ to the Country 

Group A table in alphabetical order and 

adding and ‘‘X’’ for ‘‘India’’ in Country 

Group A:2; and 

■ b. By removing the entry ‘‘India’’ from 

the Country Group D table. 

PART 742—[AMENDED] 

■ 5. The authority citation for part 742 

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. 3201 et seq.; 

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

U.S.C. 7210; Sec 1503, Pub. L. 108–11, 117 

Stat. 559; 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. 

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

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Presidential Determination 

2003–23 of May 7, 2003, 68 FR 26459, May 

16, 2003; Notice of August 12, 2010, 75 FR 

50681 (August 16, 2010); Notice of November 

4, 2010, 75 FR 68673 (November 8, 2010). 

§ 742.3—[Amended] 

■ 6. Paragraph (a)(2) of § 742.3 is 

amended by removing the phrase 

‘‘except India’’. 

■ 7. Paragraph (d) of § 742.5 is revised 

to read as follows: 

§ 742.5 Missile technology. 

* * * * * 

(d) Missile Technology Control 

Regime. Missile Technology Control 

Regime (MTCR) members, and India as 

an MTCR adherent, are listed in Country 

Group A:2 (see Supplement No. 1 to 

part 740 of the EAR). Controls on items 

identified in paragraph (a) of this 

section are consistent with the list 

agreed to in the MTCR and included in 

the MTCR Annex. 

PART 744—[AMENDED] 

■ 8. The authority citation for part 744 

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. 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, 2010, 75 FR 50681 

(August 16, 2010); Notice of November 4, 

2010, 75 FR 68673 (November 8, 2010). 

Supplement No. 4 To Part 744— 

[Amended] 

■ 9. The entry for ‘‘India’’ in 

Supplement No. 4 to part 744 is 

amended by removing the following 

entities: 

‘‘Bharat Dynamics Limited’’; 

‘‘The following subordinates of 

Defense Research and Development 

Organization (DRDO): Armament 

Research and Development 

Establishment (ARDE); Defense 

Research and Development Lab (DRDL), 

Hyderabad; Missile Research and 

Development Complex; Solid State 

Physics Laboratory’’; and 

‘‘The following Indian Space Research 

Organization (ISRO) subordinate 

entities: 

Liquid Propulsion Systems Center; 

Solid Propellant Space Booster Plant 

(SPROB); Sriharikota Space Center 

(SHAR); and Vikram Sarabhai Space 

Center (VSSC), Thiruvananthapuram.’’. 

Dated: January 20, 2011. 

Eric L. Hirschhorn, 

Under Secretary for Industry and Security. 

[FR Doc. 2011–1471 Filed 1–24–11; 8:45 am] 

BILLING CODE 3510–33–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Parts 229 and 230 

[Release Nos. 33–9176, 34–63742; File No. 

S7–26–10] 

RIN 3235–AK76 

Issuer Review of Assets in Offerings of 

Asset-Backed Securities 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: We are adopting new 

requirements in order to implement 

Section 945 of the Dodd-Frank Wall 

Street Reform and Consumer Protection 

Act of 2010 (the ‘‘Act’’). We are 

adopting a new rule under the 

Securities Act of 1933 to require any 

issuer registering the offer and sale of an 

asset-backed security (‘‘ABS’’) to 

perform a review of the assets 

underlying the ABS. We also are 

adopting amendments to Item 1111 of 

Regulation AB that would require an 

ABS issuer to disclose the nature of its 

review of the assets and the findings 

and conclusions of the issuer’s review of 

the assets. 

DATES: Effective Date: March 28, 2011. 

Compliance Date: Any registered 

offering of asset-backed securities 


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