40602 Federal Register / Vol. 76, No. 132 / Monday, July 11, 2011 / Rules and Regulations 

Campbellsville, KY, Taylor County, VOR/ 

DME–A, Amdt 6 

Springfield, KY, Lebanon-Springfield, RNAV 

(GPS) RWY 11, Orig 

Springfield, KY, Lebanon-Springfield, RNAV 

(GPS) RWY 29, Orig 

Abbeville, LA, Abbeville Chris Crusta 

Memorial, RNAV (GPS) RWY 16, Amdt 1 

Abbeville, LA, Abbeville Chris Crusta 

Memorial, RNAV (GPS) RWY 34, Amdt 1 

Abbeville, LA, Abbeville Chris Crusta 

Memorial, Takeoff Minimums and Obstacle 

DP, Orig 

De Ridder, LA, Beauregard Rgnl, RADAR 1, 

Orig-A, CANCELLED 

Beverly, MA, Beverly Muni, RNAV (GPS) 

RWY 16, Amdt 1 

Oakland, MD, Garrett County, RNAV (GPS) 

RWY 9, Amdt 1 

Oakland, MD, Garrett County, RNAV (GPS) 

RWY 27, Amdt 1 

Owosso, MI, Owosso Community, RNAV 

(GPS) RWY 11, Amdt 1A 

Owosso, MI, Owosso Community, RNAV 

(GPS) RWY 29, Amdt 1A 

Owosso, MI, Owosso Community, VOR/DME 

RWY 29, Amdt 1A 

Sault Ste Marie, MI, Sault Ste Marie Muni/ 

Sanderson Field, RNAV (GPS) RWY 14, 

Orig 

Sault Ste Marie, MI, Sault Ste Marie Muni/ 

Sanderson Field, RNAV (GPS) RWY 32, 

Orig 

Sault Ste Marie, MI, Sault Ste Marie Muni/ 

Sanderson Field, Takeoff Minimums and 

Obstacle DP, Orig 

Sault Ste Marie, MI, Sault Ste Marie Muni/ 

Sanderson Field, VOR RWY 32, Amdt 3 

Hibbing, MN, Range Rgnl, RNAV (GPS) RWY 

13, Amdt 1 

Hibbing, MN, Range Rgnl, RNAV (GPS) RWY 

31, Amdt 1 

Maple Lake, MN, Maple Lake Muni, GPS 

RWY 28, Orig, CANCELLED 

Maple Lake, MN, Maple Lake Muni, RNAV 

(GPS) RWY 28, Orig 

Orr, MN, Orr Rgnl, GPS RWY 13, Orig, 

CANCELLED 

Orr, MN, Orr Rgnl, RNAV (GPS) RWY 13, 

Orig 

Ortonville, MN, Ortonville Muni-Martinson 

Field, GPS RWY 34, Orig, CANCELLED 

Ortonville, MN, Ortonville Muni-Martinson 

Field, RNAV (GPS) RWY 34, Orig 

Sauk Centre, MN, Sauk Centre Muni, GPS 

RWY 32, Orig, CANCELLED 

Sauk Centre, MN, Sauk Centre Muni, RNAV 

(GPS) RWY 32, Orig 

Sauk Centre, MN, Sauk Centre Muni, Takeoff 

Minimums and Obstacle DP, Orig 

Neosho, MO, Neosho Hugh Robinson, 

Takeoff Minimums and Obstacle DP, Amdt 

1 

Shelby, MT, Shelby, RNAV (GPS) RWY 23, 

Amdt 1 

Plymouth, NC, Plymouth Muni, GPS RWY 3, 

Orig, CANCELLED 

Plymouth, NC, Plymouth Muni, GPS RWY 

21, Orig, CANCELLED 

Plymouth, NC, Plymouth Muni, RNAV (GPS) 

RWY 3, Orig 

Plymouth, NC, Plymouth Muni, RNAV (GPS) 

RWY 21, Orig 

Battle Mountain, NV, Battle Mountain, VOR– 

A, Amdt 5 

Las Vegas, NV, Henderson Executive, RNAV 

(GPS)-B, Amdt 1A 

Shirley, NY, Brookhaven, RNAV (GPS) RWY 

6, Amdt 2 

Cincinnati, OH, Cincinnati-Blue Ash, Takeoff 

Minimums and Obstacle DP, Amdt 1 

Stigler, OK, Stigler Rgnl, GPS RWY 17, OrigA, CANCELLED 

Stigler, OK, Stigler Rgnl, GPS RWY 35, OrigA, CANCELLED 

Stigler, OK, Stigler Rgnl, RNAV (GPS) RWY 

17, Orig 

Stigler, OK, Stigler Rgnl, RNAV (GPS) RWY 

35, Orig 

Lancaster, PA, Lancaster, RNAV (GPS) RWY 

13, Orig 

Lancaster, PA, Lancaster, RNAV (GPS) RWY 

26, Amdt 2 

Lancaster, PA, Lancaster, RNAV (GPS) RWY 

31, Amdt 1 

Aguadilla, PR, Rafael Hernandez, VOR/DME 

or TACAN RWY 8, Amdt 3 

College Station, TX, Easterwood Field, RNAV 

(GPS) RWY 10, Amdt 1 

College Station, TX, Easterwood Field, RNAV 

(GPS) RWY 16, Amdt 1 

College Station, TX, Easterwood Field, RNAV 

(GPS) RWY 28, Amdt 1 

College Station, TX, Easterwood Field, RNAV 

(GPS) RWY 34, Amdt 1 

Crosbyton, TX, Crosbyton Muni, GPS RWY 

35, Orig-B, CANCELLED 

Crosbyton, TX, Crosbyton Muni, RNAV (GPS) 

RWY 17, Orig 

Crosbyton, TX, Crosbyton Muni, RNAV (GPS) 

RWY 35, Orig 

Houston, TX, David Wayne Hooks Memorial, 

LOC RWY 17R, Amdt 2 

Lockhart, TX, Lockhart Muni, GPS RWY 18, 

Orig, CANCELLED 

Lockhart, TX, Lockhart Muni, GPS RWY 36, 

Orig-C, CANCELLED 

Lockhart, TX, Lockhart Muni, RNAV (GPS) 

RWY 18, Orig 

Lockhart, TX, Lockhart Muni, RNAV (GPS) 

RWY 36, Orig 

Lockhart, TX, Lockhart Muni, Takeoff 

Minimums and Obstacle DP, Orig 

Midland, TX, Midland Airpark, RNAV (GPS) 

RWY 25, Orig 

Delta, UT, Delta Muni, RNAV (GPS) RWY 17, 

Amdt 1 

Delta, UT, Delta Muni, RNAV (GPS) RWY 35, 

Amdt 1 

Roanoke, VA, Roanoke Rgnl/Woodrum Field, 

ILS OR LOC RWY 34, Amdt 13 

Roanoke, VA, Roanoke Rgnl/Woodrum Field, 

LDA RWY 6, Amdt 10 

Roanoke, VA, Roanoke Rgnl/Woodrum Field, 

RNAV (GPS) RWY 6, Amdt 1 

Roanoke, VA, Roanoke Rgnl/Woodrum Field, 

RNAV (GPS) RWY 24, Amdt 1 

Roanoke, VA, Roanoke Rgnl/Woodrum Field, 

RNAV (GPS) RWY 34, Amdt 1 

Roanoke, VA, Roanoke Rgnl/Woodrum Field, 

Takeoff Minimums and Obstacle DP, Amdt 

9 

Roanoke, VA, Roanoke Rgnl/Woodrum Field, 

VOR/DME–A, Amdt 7 

Roanoke, VA, Roanoke Rgnl/Woodrum Field, 

VOR/NDB RWY 34, Amdt 1 

Arlington, WA, Arlington Muni, LOC RWY 

34, Amdt 5 

Arlington, WA, Arlington Muni, NDB RWY 

34, Amdt 4 

Arlington, WA, Arlington Muni, RNAV (GPS) 

RWY 34, Orig 

Arlington, WA, Arlington Muni, Takeoff 

Minimums & Obstacle DP, Amdt 3 

Bellingham, WA, Bellingham Intl, ILS OR 

LOC RWY 16, Amdt 5B 

La Crosse, WI, La Crosse Muni, RNAV (GPS) 

RWY 3, Amdt 1 

Madison, WI, Dane County Rgnl-Truax Field, 

ILS OR LOC/DME RWY 18, Amdt 1 

Madison, WI, Dane County Rgnl-Truax Field, 

ILS OR LOC/DME RWY 36, Amdt 1 

Madison, WI, Dane County Rgnl-Truax Field, 

RNAV (GPS) RWY 18, Amdt 2 

Madison, WI, Dane County Rgnl-Truax Field, 

RNAV (GPS) RWY 36, Amdt 2 

Milwaukee, WI, Lawrence J Timmerman, 

RNAV (GPS) RWY 4L, Orig 

Milwaukee, WI, Lawrence J Timmerman, 

RNAV (GPS) RWY 22R, Orig-A 

Beckley, WV, Raleigh County Memorial, ILS 

OR LOC RWY 19, Amdt 6 

Beckley, WV, Raleigh County Memorial, 

RNAV (GPS) RWY 1, Amdt 1 

Beckley, WV, Raleigh County Memorial, 

RNAV (GPS) RWY 10, Amdt 1 

Beckley, WV, Raleigh County Memorial, 

RNAV (GPS) RWY 19, Amdt 1 

Beckley, WV, Raleigh County Memorial, 

RNAV (GPS) RWY 28, Amdt 1 

Ravenswood, WV, Jackson County, GPS RWY 

4, Orig, CANCELLED 

Ravenswood, WV, Jackson County, GPS RWY 

22, Orig, CANCELLED 

Ravenswood, WV, Jackson County, RNAV 

(GPS) RWY 4, Orig 

Ravenswood, WV, Jackson County, RNAV 

(GPS) RWY 22, Orig 

Ravenswood, WV, Jackson County, Takeoff 

Minimums and Obstacle DP, Amdt 2 

[FR Doc. 2011–16784 Filed 7–8–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 730, 748 and 754 

[Docket No. 110224166–1212–01] 

RIN 0694–AF08 

Paperwork Reduction Act: Updated 

List of Approved Information 

Collections and Removal of a 

Redundant Reporting Requirement 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule makes several 

technical amendments to the Export 

Administration Regulations (EAR). This 

rule corrects one omission of a 

publication date in the authority 

citation paragraph of part 730 of the 

Export Administration Regulations. It 

revises the address of the Bureau of 

Industry and Security’s (BIS) Western 

Regional Office at two places in the EAR 

to reflect the recent relocation of that 

office. Additionally, this rule updates 

the table of authorized information 

collection control numbers in 


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Federal Register / Vol. 76, No. 132 / Monday, July 11, 2011 / Rules and Regulations 40603 

Supplement No. 1 to part 730 of the 

EAR to reflect consolidation of several 

authorizations relating to license 

exceptions and exclusions into a single 

authorization with a single control 

number. Finally, this rule removes a 

requirement to report to BIS certain 

exports of oil transported from the 

North Slope of Alaska over Federal 

rights-of-way granted pursuant to 

section 203 of the Trans-Alaska Pipeline 

Authorization Act because BIS can now 

obtain this information from the 

Automated Export System (AES). 

DATES: This rule is effective July 11, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

William Arvin, Regulatory Policy 

Division, Office of Exporter Services, 

e-mail william.arvin@bis.doc.gov, 

telephone (202) 482–2440. 

SUPPLEMENTARY INFORMATION: 

Background 

Through this rule, BIS is undertaking 

the following actions: 

Adding Omitted Date to an Authority 

Citation 

In a previous rule that, inter alia, 

updated the authority citation paragraph 

for part 730 of the EAR (76 FR 21631, 

April 18, 2011), BIS inadvertently 

omitted the publication date of the most 

recent Presidential notice listed in that 

paragraph. This rule corrects the 

omission by adding the date ‘‘January 

18, 2011’’ to the end of the authority 

citation paragraph for part 730 of the 

EAR. 

Updating Address and Telephone 

Number 

Recently, BIS’s Western Regional 

Office moved to a new location. This 

rule revises § 730.8(c) of the EAR to 

include the address and telephone 

number of the new location. 

Consolidation of Information 

Collections 

Supplement No. 1 to part 730 of the 

EAR contains a table that lists approved 

information collections that are related 

to the EAR. In 2010, the Office of 

Management and Budget approved BIS’s 

requests to consolidate approved 

information collections that relate 

license exceptions or other exemptions 

from EAR requirements into a single 

approved collection with OMB control 

number 0694–0137, entitled ‘‘License 

Exemptions and Exclusions.’’ 

Accordingly, this rule removes the 

entries for OMB control numbers 0694– 

0023, 0694–0025, 0694–0027, 0694– 

0029, 0694–0033, 0694–0086, 0694– 

0101, 0694–0104, 0694–0106, 0694– 

0123 and 0694–0133 from the table and 

adds an entry for control number 0694– 

0137. 

Removal of Redundant Reporting 

Requirement 

In 1996, the Department of Commerce 

created License Exception TAPS to 

authorize the export of crude oil from 

the North Slope of Alaska and 

transported over Federal rights-of-way 

granted pursuant to section 203 of the 

Trans-Alaska Pipeline Authorization 

Act (61 FR 27255, May 31, 1996). This 

license exception required exporters to 

submit to the Bureau of Export 

Administration (the predecessor of BIS) 

a copy of the same Shippers Export 

Declaration that the exporter was 

required to submit to U.S. Customs for 

transmittal to the Bureau of the Census. 

Subsequently, U.S. Customs and the 

Bureau of the Census developed AES, 

and required all exporters to use it to 

electronically submit export related 

information that had previously been 

submitted via paper declaration. In 

2010, the Bureau of the Census gave BIS 

authorization to access AES data 

specific to individual transactions. This 

authorization gave BIS access, via the 

AES system, to export data connected 

with License Exception TAPS. Due to 

this new access, BIS concluded that the 

separate reporting requirement created 

by the TAPS License Exception was 

redundant. Accordingly, this rule 

removes that reporting requirement 

from § 754.2 of 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 reduces regulatory 

burdens on the public and accomplishes 

the goals of Executive Order 13563. 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 is 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 

affects a collection of information 

approved by OMB under control 

number 0607–0137: License Exemptions 

and Exclusions. BIS estimates that this 

rule will reduce the burden associated 

with that collection by 10 hours 

annually. Send comments regarding this 

burden estimate or any other aspect of 

this collection of information, including 

suggestions for reducing the burden, to 

Jasmeet Seehra, Office of Management 

and Budget (OMB), by e-mail to 

jseehra@omb.eop.gov, or by fax to (202) 

395–7285; and to the Regulatory Policy 

Division, Bureau of Industry and 

Security, Department of Commerce, 

Room 2099B, 14th Street and 

Pennsylvania Ave., NW., Washington, 

DC 20230 or by e-mail to 

publiccomments@bis.doc.gov. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under E.O. 13132. 

4. BIS 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 

(1) updates a statement of legal 

authority to state completely the 

authority conferred by a Presidential 

decision; (2) updates an address and 

telephone number to accurately reflect 

current information about BIS’s Western 

Regional Office; (3) updates a table of 

approved information collections to 

reflect decisions already made by the 

Office of Management and Budget; and 

(4) removes a requirement that certain 

exporters submit directly to BIS 

information that those same exporters 

are also required to submit to the 

government via the AES and that is now 

available to BIS via that same system. 

This rule makes no changes to the rights 

of any person under the EAR, nor does 

it impose any additional burdens or 

requirements on the public. The only 

change that this rule makes to any 

person’s obligations under the EAR is to 

relieve some exporters of the 

requirement to report to BIS information 

that they have reported to another 

government agency and to which BIS 

now has ready access. 

In addition, the 30-day delay in 

effectiveness required by 5 U.S.C. 553(d) 

is unnecessary and contrary to the 

public interest here, where BIS is 

updating an authority citation, an 

address and telephone number and the 

approved collections table because these 

are technical changes that do not alter 

any right, duty, obligation or prohibition 

that applies to any person under the 

EAR. The 30-day delay is inapplicable 

to the removal of the redundant 

reporting requirement that this rule 

provides because such removal grants 

an exemption from a requirement. 


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40604 Federal Register / Vol. 76, No. 132 / Monday, July 11, 2011 / Rules and Regulations 

Moreover, any delay in the effective 

date of the contact information for BIS’s 

office may cause public confusion and/ 

or errors by the public; thus delaying 

the effective date of this regulation is 

contrary to the public interest. 

No other law requires that notice of 

proposed rulemaking and an 

opportunity for public comment be 

given for this rule; therefore, 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 748 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 754 

Agricultural commodities, Exports, 

Forests and forest products, Horses, 

Petroleum, Reporting and recordkeeping 

requirements. 

Accordingly, the Export 

Administration Regulations (15 CFR 

parts 730–774) are amended as follows: 

PART 730—[AMENDED] 

■ 1. The authority citation for part 730 

is revised 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. 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, 2010, 75 FR 50681 

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

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

Notice of January 13, 2011, 76 FR 3009 

(January 18, 2011). 

■ 2. Section 730.8 is amended by 

revising the last sentence in paragraph 

(c) to read as follows: 

§ 730.8 How to proceed and where to get 

help. 

* * * * * 

(c) * * * General information 

including assistance in understanding 

the EAR, information on how to obtain 

forms, electronic services, publications, 

and information on training programs 

offered by BIS, is available from the 

Office of Export Services at the 

following locations: Outreach and 

Educational Services Division, U.S. 

Department of Commerce, 14th and 

Pennsylvania Avenue, NW., Room 

H1099D, Washington, DC 20230, Tel: 

(202) 482–4811, Fax: (202) 482–2927, 

and Bureau of Industry and Security, 

Western Regional Office, U.S. 

Department of Commerce, 2302 Martin 

St., Suite 330, Irvine, CA 92612, Tel: 

(949) 660–0144, Fax: (949) 660–9347, 

and Bureau of Industry and Security, 

Western Regional Office, Northern 

California Branch, U.S. Department of 

Commerce, 160 W. Santa Clara Street, 

Suite 725, San Jose, CA 95113, Tel: 

(408) 998–8806, Fax: (408) 998–8677. 

■ 3. The table in Supplement No. 1 to 

part 730 is amended by: 

■ a. Removing the entries for collection 

numbers 0694–0023, 0694–0025, 0694– 

0027, 0694–0029, 0694–0033, 0694– 

0086, 0694–0101, 0694–0104, 0694– 

0106, 0694–0123 and 0694–0133; and 

b. Adding immediately following the 

entry for collection number 0694–0134 

and immediately preceding the entry for 

collection number 0607–0152, a new 

entry for collection number 0694–0137 

to read as follows: 

Supplement No. 1 to Part 730— 

Information Collection Requirements 

Under the Paperwork Reduction Act: 

OMB Control Numbers 

Collection No. Title Reference in the EAR 

*******

0694–0137 ........ License Exemptions and Exclusions ....... § 734.4, Supplement No. 2 to part 734, §§ 740.3(d), 740.4(c), 740.9(a)(2)(viii)(B), 

740.9(c), 740.13(e), 740.12(b)(7), 740.17, 740.18, Supp. No. 2 to Part 740, 

§§ 742.15, 743.1, 743.3, 754.2, 754.4, 762.2(b) and Supplement No. 1 to part 

774 

* * * * * * * 

* * * * * 

PART 748—[AMENDED] 

■ 4. The authority citation for part 748 

continues to read as follows: 

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

U.S.C. 1701 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). 

■ 5. Section 748.2 is amended by 

revising paragraph (a) to read as follows: 

§ 748.2 Obtaining forms; mailing 

addresses. 

(a) You may obtain the forms required 

by the EAR from any U.S. Department 

of Commerce District Office; or in 

person or by telephone or facsimile from 

the following BIS offices: 

(1) Outreach and Educational Services 

Division, U.S. Department of Commerce, 

14th Street and Pennsylvania Ave., 

NW., Room H1099D, Washington, DC 

20230, Tel: (202) 482–4811, Fax: (202) 

482–2927, or 

(2) Western Regional Office, Northern 

California Branch, U.S. Department of 

Commerce, 2302 Martin St., Suite 330, 

Irvine, CA 92612, Tel: (949) 660–0144, 

Fax: (949) 660–9347, or 

(3) Bureau of Industry and Security, 

160 W. Santa Clara Street, Suite 725, 

San Jose, CA 95113, Tel: (408) 998–8805 

or (408) 998–8806, Fax: (408) 998–8677. 

* * * * * 

PART 754—[AMENDED] 

■ 6. The authority citation for part 754 

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); 30 U.S.C. 185(s), 185(u); 42 U.S.C. 

6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; E.O. 

11912, 41 FR 15825, 3 CFR, 1976 Comp., p. 


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Federal Register / Vol. 76, No. 132 / Monday, July 11, 2011 / Rules and Regulations 40605 

1 15 U.S.C. 77a et seq. 

2 15 U.S.C. 78a et seq. 

3 15 U.S.C. 77aaa et seq. 

4The Dodd-Frank Wall Street Reform and 

Consumer Protection Act, Public Law 111–203, 124 

Stat. 1376 (2010). 

5See, e.g., Public Law 111–203, Preamble. 6From their beginnings in the early 1980s, the 

notional value of these markets has grown to almost 

$600 trillion globally. See Monetary and Econ. 

Dep’t, Bank for Int’l Settlements, Triennial and 

Semiannual Surveys—Positions in Global Over-theCounter (OTC) Derivatives Markets at End-June 

2010 (Nov. 2010), available at http://www.bis.org/ 

publ/otc_hy1011.pdf. 

7See 156 Cong. Rec. S5878 (daily ed. July 15, 

2010) (statement of Sen. Dodd). 8Section 712(d) of the Dodd-Frank Act provides 

that the Commission and the CFTC, in consultation 

with the Board of Governors of the Federal Reserve 

System, shall further define the terms ‘‘swap,’’ 

‘‘security-based swap,’’ ‘‘swap dealer,’’ ‘‘securitybased swap dealer,’’ ‘‘major security-based swap 

participant,’’ ‘‘eligible contract participant,’’ and 

‘‘security-based swap agreement.’’ These terms are 

defined in sections 721 and 761 of the Dodd-Frank 

Act and the Commission and the CFTC have 

proposed to further define these terms in proposed 

joint rulemaking. See Further Definition of ‘‘Swap 

Dealer,’’ ‘‘Security-Based Swap Dealer,’’ ‘‘Major 

Swap Participant,’’ ‘‘Major Security-Based Swap 

Participant’’ and ‘‘Eligible Contract Participant’’, 

Release No. 34–63452 (Dec. 7, 2010), 75 FR 80174 

(Dec. 21, 2010)(‘‘SBS Participant Definition 

Proposing Release’’); and Further Definition of 

‘‘Swap,’’ ‘‘Security-Based Swap,’’ and ‘‘SecurityBased Swap Agreement’’; Mixed Swaps; SecurityBased Swap Agreement Recordkeeping, Release No. 

33–9204 (Apr. 29, 2011), 76 FR 29818 (May 23, 

2011), corrected in Release No. 33–9204A (June 1, 

2011), 76 FR 32880 (June 7, 2011)(‘‘SBS Product 

Definition Proposing Release’’). 

9See generally subtitle B of Title VII. 

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

Comp., p. 783; Notice of August 12, 2010, 75 

FR 50681 (August 16, 2010). 

§ 754.2—[Amended] 

■ 7. Section 754.2 is amended by 

removing paragraph (j)(2) and 

redesignating paragraph (j)(3) as 

paragraph (j)(2) . 

Dated July 1, 2011. 

Matthew S. Borman, 

Acting Assistant Secretary for Export 

Administration. 

[FR Doc. 2011–17356 Filed 7–8–11; 8:45 am] 

BILLING CODE 3510–33–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Parts 230, 240 and 260 

[Release Nos. 33–9231; 34–64794; 39–2475; 

File No. S7–26–11] 

RIN 3235–AL17 

Exemptions for Security-Based Swaps 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Interim final rules; request for 

comments. 

SUMMARY: We are adopting interim final 

rules providing exemptions under the 

Securities Act of 1933, the Securities 

Exchange Act of 1934, and the Trust 

Indenture Act of 1939 for those securitybased swaps that under current law are 

security-based swap agreements and 

will be defined as ‘‘securities’’ under the 

Securities Act and the Exchange Act as 

of July 16, 2011 due solely to the 

provisions of Title VII of the DoddFrank Wall Street Reform and Consumer 

Protection Act. The interim final rules 

will exempt offers and sales of these 

security-based swaps from all 

provisions of the Securities Act, other 

than the Section 17(a) anti-fraud 

provisions, as well as exempt these 

security-based swaps from Exchange 

Act registration requirements and from 

the provisions of the Trust Indenture 

Act, provided certain conditions are 

met. The interim final rules will remain 

in effect until the compliance date for 

final rules that we may adopt further 

defining the terms ‘‘security-based 

swap’’ and ‘‘eligible contract 

participant.’’ 

DATES: Effective Date: The interim final 

rules are effective July 11, 2011 

Comments should be received on or 

before August 15, 2011. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/interim-final-temp.shtml); 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number S7–26–11 on the subject line; 

or 

• Use the Federal Rulemaking Portal 

(http://www.regulations.gov). Follow the 

instructions for submitting comments. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number S7–26–11. This file number 

should be included on the subject line 

if e-mail is used. To help us process and 

review your comments more efficiently, 

please use only one method. We will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/ 

rules/interim-final-temp.shtml). 

Comments also are available for public 

inspection and copying in the 

Commission’s Public Reference Room, 

100 F Street, NE., Washington, DC 

20549, on official business days 

between the hours of 10 a.m. and 3 p.m. 

All comments received will be posted 

without change; we do not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Schoeffler, Special Counsel, 

Office of Capital Market Trends, 

Division of Corporation Finance, at 

(202) 551–3860, U.S. Securities and 

Exchange Commission, 100 F Street, 

NE., Washington, DC 20549–3628. 

SUPPLEMENTARY INFORMATION: We are 

adopting interim final Rule 240 under 

the Securities Act of 1933 (‘‘Securities 

Act’’),1 interim final Rule 12a–11 and 

Rule 12h–1(i) under the Securities 

Exchange Act of 1934 (‘‘Exchange 

Act’’),2 and interim final Rule 4d–12 

under the Trust Indenture Act of 1939 

(‘‘Trust Indenture Act’’).3

I. Background 

On July 21, 2010, President Barack 

Obama signed the Dodd-Frank Wall 

Street Reform and Consumer Protection 

Act (‘‘Dodd-Frank Act’’) into law.4 The 

Dodd-Frank Act was enacted, among 

other reasons, to promote the financial 

stability of the United States by 

improving accountability and 

transparency in the financial system.5

The recent financial crisis demonstrated 

the need for enhanced regulation of the 

over-the-counter (‘‘OTC’’) derivatives 

markets, which have experienced 

dramatic growth in recent years 6 and 

are capable of affecting significant 

sectors of the U.S. economy.7 Title VII 

of the Dodd-Frank Act (‘‘Title VII’’) 

establishes a regulatory regime 

applicable to the OTC derivatives 

markets by providing the Securities and 

Exchange Commission (‘‘Commission’’ 

or ‘‘we’’) and the Commodity Futures 

Trading Commission (‘‘CFTC’’) with the 

tools to oversee these heretofore largely 

unregulated markets. Title VII provides 

that the CFTC will regulate ‘‘swaps,’’ the 

Commission will regulate ‘‘securitybased swaps,’’ and the CFTC and the 

Commission will jointly regulate 

‘‘mixed swaps.’’ 8

Title VII amends the Securities Act 

and the Exchange Act to substantially 

expand the regulation of the securitybased swap markets, establishing a new 

regulatory framework within which 

such markets can continue to evolve in 

a more transparent, efficient, fair, 

accessible, and competitive manner.9

The Title VII amendments to the 

Exchange Act impose, among other 

requirements, the following: (1) 

Registration and comprehensive 

oversight of security-based swap dealers 


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