Updated Statements of Legal Authority To Reflect Continuation of Emergency Declared in Executive Orders 12947 and 13224, 10357-10358 [2012-4062]
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Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Rules and Regulations
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
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
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:
wreier-aviles on DSK5TPTVN1PROD with RULES
SUMMARY:
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
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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
PO 00000
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10357
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:
■
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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:
■
wreier-aviles on DSK5TPTVN1PROD with RULES
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]
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CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Chapter II
Acceptance of ASTM F963–11 as a
Mandatory Consumer Product Safety
Standard
Consumer Product Safety
Commission.
ACTION: Acceptance of standard.
AGENCY:
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.
SUMMARY:
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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
Securities and Exchange
Commission.
ACTION: Final rule.
AGENCY:
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
SUMMARY:
E:\FR\FM\22FER1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Rules and Regulations]
[Pages 10357-10358]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4062]
[[Page 10357]]
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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]
0
1. The authority citation for 15 CFR part 730 is revised to read as
follows:
[[Page 10358]]
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]
0
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
