Amendments to the International Traffic in Arms Regulations: Various, 34652-34655 [05-11892]
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Federal Register / Vol. 70, No. 114 / Wednesday, June 15, 2005 / Rules and Regulations
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Effective Date
11. These regulations are effective
immediately upon publication in the
Federal Register. In accordance with 5
U.S.C. 553(d)(3), the Commission finds
that good cause exists to make this Final
Rule effective immediately. It concerns
only a matter of internal operations and
will not affect the rights of persons
appearing before the Commission. There
is therefore no reason to make it
effective at a later time.
12. The provisions of 5 U.S.C. 801
regarding Congressional review of Final
Rules do not apply to this Final Rule,
because the rule concerns agency
procedure and practice and will not
substantially affect the rights of nonagency parties.
13. The Commission is issuing this as
a final rule without a period for public
comment. Under 5 U.S.C. 553(b), notice
and comment procedures are
unnecessary where a rulemaking
concerns only agency procedure and
practice, or where the agency finds that
notice and comment is unnecessary.
This rule concerns only matters of
agency procedure and will not
significantly affect regulated entities or
the general public.
List of Subjects in 18 CFR Part 375
Authority delegations (Government
agencies), Seals and insignia, Sunshine
Act.
By the Commission.
Linda Mitry,
Deputy Secretary.
In consideration of the foregoing, the
Commission amends part 375, chapter I,
title 18, Code of Federal Regulations, as
follows.
I
PART 375—THE COMMISSION
1. The authority citation for part 375
continues to read as follows:
I
Authority: 5 U.S.C. 551–557; 15 U.S.C.
717–717w, 3301–3432; 16 U.S.C. 791–825r,
2601–2645; 42 U.S.C. 7101–7352.
2. Section 375.307 is amended by
revising paragraphs (f)(3) and (k)(4) and
by adding paragraph (f)(4) to read as
follows:
I
§ 375.307 Delegations to the Director of
the Office of Markets, Tariffs and Rates.
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(f) * * *
(3) Advise the filing party of any
actions taken under paragraph (f)(1) or
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(f)(2) of this section and designate rate
schedules, rate schedule changes, and
notices of changes in rates, and the
effective date hereof; and
(4) Refer to the Chief Administrative
Law Judge (Chief ALJ), with the Chief
ALJ’s concurrence, uncontested interim
natural gas rate motions that would
result in lower rates, pending
Commission action on settlement
agreements.
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(k) * * *
(4) Refer to the Chief Administrative
Law Judge (Chief ALJ), with the Chief
ALJ’s concurrence, uncontested interim
electric rate motions that would result
in lower rates, pending Commission
action on settlement agreements.
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I 3. Section 375.311 is revised to read as
follows:
§ 375.311 Delegations to the Director,
Office of External Affairs.
The Commission authorizes the
Director, Office of External Affairs, or
the Director’s designee, to take all
actions required or permitted to be
taken by the Director under Secs.
388.108 through 388.110 of this chapter.
[FR Doc. 05–11553 Filed 6–14–05; 8:45 am]
BILLING CODE 6717–01–P
and Drug Administration, 1350 Piccard
Dr., Rockville, MD 20850, 301–827–
2983.
SUPPLEMENTARY INFORMATION: In the
Federal Register of February 28, 2005
(70 FR 9516), FDA solicited comments
concerning the direct final rule for a 75day period ending May 16, 2005. FDA
stated that the effective date of the
direct final rule would be on July 13,
2005, 60 days after the end of the
comment period, unless any significant
adverse comment was submitted to FDA
during the comment period. FDA
received 16 comments, 3 of which
supported the plain language revisions
and several of which requested further
revisions or substantive changes to the
medical device reporting rule. The
agency did not receive any significant
adverse comment on the plain language
revisions.
Authority: Therefore, under the Federal
Food, Drug, and Cosmetic Act, and under
authority delegated to the Commissioner of
Food and Drugs, notice is given that no
objections were filed in response to the
February 28, 2005, direct final rule.
Accordingly, the amendments issued thereby
are effective July 13, 2005.
Dated: June 9, 2005.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 05–11786 Filed 6–14–05; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
DEPARTMENT OF STATE
21 CFR Part 803
22 CFR Parts 120, 123, 124, 126, and
127
[Docket No. 2004N–0527]
[Public Notice 5108]
Medical Devices; Medical Device
Reporting; Confirmation of Effective
Date
AGENCY:
Food and Drug Administration,
HHS.
Direct final rule; confirmation of
effective date.
SUMMARY: The Food and Drug
Administration (FDA) is confirming the
effective date of July 13, 2005, for the
direct final rule that appeared in the
Federal Register of February 28, 2005
(70 FR 9516). The direct final rule
revised the medical device reporting
regulations into plain language in order
to make the regulations easier to
understand. This document confirms
the effective date of the direct final rule.
DATES: Effective date confirmed: July 13,
2005.
FOR FURTHER INFORMATION CONTACT:
Howard Press, Center for Devices and
Radiological Health (HFZ–531), Food
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Amendments to the International
Traffic in Arms Regulations: Various
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Department of State.
Final rule.
AGENCY:
ACTION:
ACTION:
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Z–RIN 1400–ZA15
SUMMARY: The Department of State is
amending and/or clarifying the content
of a number of provisions of the
International Traffic in Arms
Regulations (ITAR). The affected parts
of the ITAR are: Part 120—Purpose and
Definitions; Part 123—Licenses for the
Export of Defense Articles; Part 124—
Agreements, Off-Shore Procurement and
Other Defense Services; Part 126—
General Policies and Provisions; and
Part 127—Violations and Penalties. See
SUPPLEMENTARY INFORMATION for a
description of the changes and
clarifications for each respective part.
DATES: Effective June 15, 2005.
ADDRESSES: Interested parties are
invited to submit written comments to
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Federal Register / Vol. 70, No. 114 / Wednesday, June 15, 2005 / Rules and Regulations
the Department of State, Directorate of
Defense Trade Controls, Office of
Defense Trade Controls Policy, ATTN:
Regulatory Change, 12th Floor, SA–1,
Washington, DC 20522–0112. E-mail
comments may be sent to
DDTCResponseTeam@state.gov with an
appropriate subject line. Persons with
access to the Internet may also view this
notice by going to the regulations.gov
Web site at: https://www.regulations.gov.
Comments will be accepted at any time.
FOR FURTHER INFORMATION CONTACT: Mr.
Stephen Tomchik, Office of Defense
Trade Controls Policy, Department of
State, Telephone (202) 663–2799 or FAX
(202) 261–8199. ATTN: Regulatory
Change, USML Parts 120.1, 123.15,
124.11, 126.5 and 127.12.
SUPPLEMENTARY INFORMATION: 22 CFR
120.1 describes inter alia the
responsibilities of the several offices
comprising the Directorate of Defense
Trade Controls (DDTC). The textual
changes to Sec. 120.1 reflect the transfer
of responsibility for the commodity
jurisdiction procedure from the Office of
Defense Trade Controls Licensing to the
Office of Defense Trade Controls Policy.
22 CFR 123.15 describes inter alia the
monetary thresholds for export of major
defense equipment, and the export of
defense articles and services sold under
contract that may take place only after
DDTC notifies an exporter through the
issuance of a license or other approval
that Congress has not enacted a joint
resolution prohibiting the export.
Similarly, 22 CFR 124.11 describes the
monetary thresholds for any technical
assistance agreement or manufacturing
license agreement providing for the
manufacture abroad of significant
military equipment on the United States
Munitions List (USML), for the export of
major defense equipment, and the
export of defense articles and services
sold under contract that shall be
certified to Congress. Pursuant to Public
Law 107–228, the Foreign Relations
Authorization Act, Fiscal Year 2003, the
threshold amounts for Congressional
notice were adjusted in the following
manner: (1) The threshold levels for
member countries of the North Atlantic
Treaty Organization (NATO), Australia,
Japan and New Zealand are established
at $25 million for the export of major
defense equipment sold under a
contract and $100 million for the export
of defense articles and services sold
under contract; and (2) a threshold level
of $1 million is established for proposed
exports to all countries involving
firearms controlled under Category I of
the USML.
22 CFR 126.5 describes inter alia the
modalities by which exporters, without
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a license issued by DDTC, may carry out
permanent and temporary exports of
defense articles to Canada, and
temporary imports from Canada. The
textual additions to 22 CFR 126.5 are
designed to clarify for exporters the
range of defense articles, related
technical data, and defense services that
will continue to require a license issued
by the DDTC for export to or temporary
import from Canada.
The list of items excluded from the
provisions of Section 126.5 are outlined
in paragraph (b). That list is amended in
the following ways:
(1) The text of 126.5(b)(6) amended to
reflect a change in the title of Category
I of the USML.
(2) The text of 126.5(b)(10) is
amended to clarify that all types of
aircraft covered by Category VIII(a) of
the USML require an export license.
(3) The text of 126.5(b)(13) is
amended to reflect the fact that nuclear
radiation measuring devices
manufactured to military specifications
are now controlled in Category XVI vice
Category XIV of the USML.
(4) The text of 126.5(b)(18) is
amended to reflect a change in the title
of Category XVI of the USML.
(5) A new entry is made to the text of
126.5(b) to clarify that the exclusion
from the exemption also embraces manportable air defense systems, and their
parts and components, and technical
data for such systems that are controlled
in Category IV of the USML. Other
Category IV items already are captured
by the provisions 126.5(b)(2) which
covers all Missile Technology Control
Regime (MTCR) Annex Items.
22 CFR 127.12 describes inter alia
procedures concerning voluntary
disclosures by persons, firms, or
organizations of violations of the Arms
Export Control Act (AECA). The textual
changes made to this section deal with
the address to which such voluntary
disclosures should be sent.
Regulatory Analysis and Notices: This
amendment involves a foreign affairs
function of the United States and,
therefore, is not subject to the
procedures required by 5 U.S.C. 553 and
554. It is exempt from review under
Executive Order 12866; but has been
reviewed internally by the Department
of State to ensure consistency with the
purposes thereof. This rule does not
require analysis under the Regulatory
Flexibility Act or the Unfunded
Mandates Reform Act. This amendment
has been found not to be a major rule
within the meaning of the Small
Business Regulatory Enforcement
Fairness Act of 1996. It will not have
substantial direct effects on the States,
the relationship between the national
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34653
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, it is
determined that this rule does not have
sufficient federalism implications to
warrant application of the consultation
provisions of Executive Orders 12372
and 13132. This rule does not impose
any new reporting or recordkeeping
requirements subject to the Paperwork
Reduction Act, 44 U.S.C. chapter 35.
List of Subjects
22 CFR Part 120
Arms and munitions, Classified
information, Exports.
22 CFR Part 123
Arms and munitions, Exports.
22 CFR Part 124
Arms and munitions, Exports,
Technical assistance.
22 CFR Part 126
Arms and munitions, Exports.
22 CFR Part 127
Arms and munitions, Crime, Exports,
Penalties, Seizures and forfeitures.
I Accordingly, for the reasons set forth
above, title 22, chapter I, subchapter M,
parts 120, 123, 124, 126, and 127 are
amended as follows:
PART 120—PURPOSE AND
DEFINITIONS
1. The authority citation for part 120 is
revised to read as follows:
I
Authority: Secs. 2, 38, and 71, Pub.L. 90–
629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
2797); 22 U.S.C. 2794; E.O. 11958, 42 FR
4311; 3 CFR, 1977 Comp, p. 79; 22 U.S.C.
2651a; Pub. L. 105–261, 112 Stat. 1920.
2. Section 120.1 is amended by
revising paragraphs (b)(2)(i)(B) and (D) to
read as follows:
I
§ 120.1
General authorities and eligibility.
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(b) * * *
(2) * * *
(i) * * *
(B) The Office of Defense Trade
Controls Licensing and the Director,
Office of Defense Trade Controls
Licensing, respectively, insofar as such
references relate to licensing or other
authorization of defense trade,
including references under parts 120,
123, 124, 125, 126, 129 and 130 of this
subchapter;
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(D) The Office of Defense Trade
Controls Policy and the Director, Office
of Defense Trade Controls Policy,
respectively, insofar as such references
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Federal Register / Vol. 70, No. 114 / Wednesday, June 15, 2005 / Rules and Regulations
relate to the general policies of defense
trade, including references under this
part 120 and part 126 of this subchapter,
and the commodity jurisdiction
procedure under this part 120.
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PART 123—LICENSES FOR THE
EXPORT OF DEFENSE ARTICLES
3. The authority citation for part 123 is
revised to read as follows:
I
Authority: Secs. 2, 38, and 71, Pub. L. 90–
629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
2797); 22 U.S.C. 2753; E.O. 11958, 42 FR
4311; 3 CFR, 1977 Comp. p. 79; 22 U.S.C.
2651a; 22 U.S.C. 2776; Pub. L. 105–261, 112
Stat. 1920; Sec 1205(a), Pub. L. 107–228.
4. Section 123.15 is revised to read as
follows:
I
§ 123.15 Congressional certification
pursuant to Section 36(c) of the Arms
Export Control Act.
(a) The Arms Export Control Act
requires that a certification be provided
to the Congress prior to the granting of
any license or other approval for
transactions, in the amounts described
below, involving exports of any defense
articles and defense services and for
exports of major defense equipment, as
defined in §120.8 of this subchapter.
Approvals may not be granted when the
Congress has enacted a joint resolution
prohibiting the export. Certification is
required for any transaction involving:
(1) A license for the export of major
defense equipment sold under a
contract in the amount of $14,000,000 or
more, or for defense articles and defense
services sold under a contract in the
amount of $50,000,000 or more to any
country that is not a member country of
the North Atlantic Treaty Organization
(NATO), or Australia, Japan or New
Zealand that does not authorize a new
sales territory; or
(2) A license for export to a country
that is a member country of the North
Atlantic Treaty Organization (NATO), or
Australia, Japan or New Zealand of
major defense equipment sold under a
contract in the amount of $25,000,000 or
more, or for defense articles and defense
services sold under a contract in the
amount of $100,000,000 or more and
provided the transfer does not include
any other countries; or
(3) A license for export of a firearm
controlled under Category I of the
United States Munitions List, of this
subchapter, in an amount of $1,000,000
or more.
(b) Unless an emergency exists which
requires the proposed export in the
national security interests of the United
States, approval may not be granted for
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any transaction until at least 15 calendar
days have elapsed after receipt by the
Congress of the certification required by
22 U.S.C. 2776(c)(1) involving the North
Atlantic Treaty Organization, any
member country of the Organization, or
Australia, Japan or New Zealand or at
least 30 calendar days have elapsed for
any other country; in the case of a
license for an export of a commercial
communications satellite for launch
from, and by nationals of, the Russian
Federation, Ukraine, or Kazakhstan,
until at least 15 calendar days after the
Congress receives such certification.
(c) Persons who intend to export
defense articles and defense services
pursuant to any exemption in this
subchapter under the circumstances
described in this section must provide
written notification to the Directorate of
Defense Trade Controls and include a
signed contract and a DSP–83 signed by
the applicant, the foreign consignee and
the end-user.
PART 124—AGREEMENTS, OFFSHORE PROCUREMENT AND OTHER
DEFENSE SERVICES
5. The authority citation for part 124 is
revised to read as follows:
I
by the Congress of the certification
required by 22 U.S.C. 2776(d)(1)
involving the North Atlantic Treaty
Organization, any member country of
that Organization, or Australia, Japan or
New Zealand or at least 30 calendar
days have elapsed for any other country.
Approvals may not be granted when the
Congress has enacted a joint resolution
prohibiting the export.
(c) Persons who intend to export
defense articles and defense services
pursuant to any exemption in this
subchapter under the circumstances
described in this section and section
123.15 must provide written notification
to the Directorate of Defense Trade
Controls and include a signed contract
and a DSP–83 signed by the applicant,
the foreign consignee and the end-user.
PART 126—GENERAL POLICIES AND
PROVISIONS
7. The authority citation for part 126 is
revised to read as follows:
I
Authority: Secs. 2, 38, 40, 42, and 71,
Pub.L. 90–629, 90 Stat. 744 (22 U.S.C. 2752,
2778, 2780, 2791, and 2797); E.O. 11958, 42
FR 4311; 3 CFR, 1977 Comp. p. 79; 22 U.S.C.
2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR
28205, 3 CFR, 1994 Comp. p. 899.
8. Section 126.5 is amended by
revising paragraphs (b) introductory text,
(6), (10), (13), and (18), (c)(1), and note
2, and by adding paragraph (b)(21) to
read as follows:
Authority: Sec. 2, 38, and 71, Pub. L. 90–
629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
2797); E.O. 11958, 42 FR 4311; 3 CFR 1977
Comp. p. 79; 22 U.S.C. 2651a; 22 U.S.C. 2776;
Pub. L. 105–261.
I
6. Section 124.11 is revised to read as
follows:
§ 126.5
I
§ 124.11 Congressional certification
pursuant to Section 36(d) of the Arms
Export Control Act.
(a) The Arms Export Control Act
requires that a certification be provided
to the Congress prior to the granting of
any approval of a manufacturing license
agreement or technical assistance
agreement as defined in Sections 120.21
and 120.22 respectively for the
manufacturing abroad of any item of
significant military equipment (see
§ 120.7 of this subchapter) that is
entered into with any country regardless
of dollar value. Additionally, any
manufacturing license agreement or
technical assistance agreement
providing for the export of major
defense equipment, as defined in §120.8
of this subchapter shall also require a
certification when meeting the
requirements of § 123.15 of this
subchapter.
(b) Unless an emergency exists which
requires the immediate approval of the
agreement in the national security
interests of the United States, approval
may not be granted until at least 15
calendar days have elapsed after receipt
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Canadian exemptions.
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(b) Permanent and temporary export
of defense articles. Except as provided
below, District Director of Customs and
postmasters shall permit, when for enduse in Canada by Canadian Federal or
Provincial governmental authorities
acting in an official capacity or by a
Canadian-registered person or for return
to the United States, the permanent and
temporary export to Canada without a
license of defense articles and related
technical data identified in 22 CFR
121.1. The above exemption is subject to
the following limitations: Defense
articles and related technical data, and
defense services identified in
paragraphs (b)(1) through (b)(21) of this
section and exports that transit third
countries. Such limitations also are
subject to meeting the requirements of
this subchapter, (to include 22 CFR
120.1(c) and (d), parts 122 and 123
(except insofar as exemption from
licensing requirements is herein
authorized) and Section 126.1, and the
requirement to obtain non-transfer and
use assurances for all significant
military equipment. For purposes of this
section, ‘‘Canadian-registered person’’ is
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any Canadian national (including
Canadian business entities organized
under the laws of Canada), dual citizen
of Canada and a third country (subject
to section 126.1), and permanent
resident registered in Canada in
accordance with the Canadian Defense
Production Act, and such other
Canadian Crown Corporations identified
by the Department of State in a list of
such persons publicly available through
the Internet Web site of the Directorate
of Defense Trade Controls and by other
means. The defense articles, related
technical data, and defense services
identified in 22 CFR 121.1 continuing to
require a license are:
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(6) Firearms, close assault weapons
and combat shotguns listed in Category
I.
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(10) All Category VIII(a) items, and
developmental aircraft, engines and
components identified in Category
VIII(f).
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(13) Nuclear radiation measuring
devices manufactured to military
specifications listed in Category XVI(c).
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(18) Nuclear weapons, design and
testing equipment listed in Category
XVI.
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(21) Man-portable air defense systems,
and their parts and components, and
technical data for such systems covered
by Category IV.
(c) Defense service exemption. A
defense service is exempt from the
licensing requirements of part 124 of
this subchapter, when the following
criteria can be met.
(1) The item, technical data, defense
service and transaction is not identified
in paragraphs (b)(1) through (21) of this
section; and
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Notes to Sec. 126.5
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2. Additional exemptions exist in
other sections of this subchapter that are
applicable to Canada, for example Secs.
123.9, 125.4 and 124.2, which allows for
the performance of defense services
related to training in basic operations
and maintenance, without a license, for
defense articles lawfully exported,
including those identified in paragraphs
(b)(1) through (21) of this section.
PART 127—VIOLATIONS AND
PENALTIES
9. The authority citation for part 127 is
amended to read as follows:
I
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Authority: Secs. 2, 38, and 42, Pub. L. 90–
629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
2791); E.O. 11958, 42 FR 4311; 3 CFR, 1977
Com. p. 79; 22 U.S.C. 401; 22 U.S.C. 2651a;
22 U.S.C. 2779a; 22 U.S.C. 2780.
10. Section 127.12 is amended by
revising paragraph (g) as follows:
I
§ 127.12
Voluntary disclosures.
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(g) Voluntary disclosures should be
sent to the Office of Defense Trade
Controls Compliance, Directorate of
Defense Trade Controls. Exporters
should consult the Directorate of
Defense Trade Controls Web site at
https://www.pmdtc.org for the
appropriate street address.
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Dated: May 10, 2005.
John R. Bolton,
Under Secretary, Arms Control and
International Security, Department of State.
[FR Doc. 05–11892 Filed 6–14–05; 8:45 am]
BILLING CODE 4710–25–P
PENSION BENEFIT GUARANTY
CORPORATION
29 CFR Parts 4022 and 4044
Benefits Payable in Terminated SingleEmployer Plans; Allocation of Assets
in Single-Employer Plans; Interest
Assumptions for Valuing and Paying
Benefits
Pension Benefit Guaranty
Corporation.
ACTION: Final rule.
AGENCY:
SUMMARY: The Pension Benefit Guaranty
Corporation’s regulations on Benefits
Payable in Terminated Single-Employer
Plans and Allocation of Assets in
Single-Employer Plans prescribe interest
assumptions for valuing and paying
benefits under terminating singleemployer plans. This final rule amends
the regulations to adopt interest
assumptions for plans with valuation
dates in July 2005. Interest assumptions
are also published on the PBGC’s Web
site (https://www.pbgc.gov).
DATES: Effective July 1, 2005.
FOR FURTHER INFORMATION CONTACT:
Catherine B. Klion, Attorney, Legislative
and Regulatory Department, Pension
Benefit Guaranty Corporation, 1200 K
Street, NW., Washington, DC 20005,
202–326–4024. (TTY/TDD users may
call the Federal relay service toll-free at
1–800–877–8339 and ask to be
connected to 202–326–4024.)
SUPPLEMENTARY INFORMATION: The
PBGC’s regulations prescribe actuarial
assumptions—including interest
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assumptions—for valuing and paying
plan benefits of terminating singleemployer plans covered by title IV of
the Employee Retirement Income
Security Act of 1974. The interest
assumptions are intended to reflect
current conditions in the financial and
annuity markets.
Three sets of interest assumptions are
prescribed: (1) A set for the valuation of
benefits for allocation purposes under
section 4044 (found in Appendix B to
part 4044), (2) a set for the PBGC to use
to determine whether a benefit is
payable as a lump sum and to determine
lump-sum amounts to be paid by the
PBGC (found in Appendix B to part
4022), and (3) a set for private-sector
pension practitioners to refer to if they
wish to use lump-sum interest rates
determined using the PBGC’s historical
methodology (found in Appendix C to
part 4022).
Accordingly, this amendment (1) adds
to Appendix B to part 4044 the interest
assumptions for valuing benefits for
allocation purposes in plans with
valuation dates during July 2005, (2)
adds to Appendix B to part 4022 the
interest assumptions for the PBGC to
use for its own lump-sum payments in
plans with valuation dates during July
2005, and (3) adds to Appendix C to
part 4022 the interest assumptions for
private-sector pension practitioners to
refer to if they wish to use lump-sum
interest rates determined using the
PBGC’s historical methodology for
valuation dates during July 2005.
For valuation of benefits for allocation
purposes, the interest assumptions that
the PBGC will use (set forth in
Appendix B to part 4044) will be 3.60
percent for the first 20 years following
the valuation date and 4.75 percent
thereafter. These interest assumptions
represent a decrease (from those in
effect for June 2005) of 0.10 percent for
the first 20 years following the valuation
date and are otherwise unchanged.
The interest assumptions that the
PBGC will use for its own lump-sum
payments (set forth in Appendix B to
part 4022) will be 2.50 percent for the
period during which a benefit is in pay
status and 4.00 percent during any years
preceding the benefit’s placement in pay
status. These interest assumptions are
unchanged from those in effect for June
2005.
For private-sector payments, the
interest assumptions (set forth in
Appendix C to part 4022) will be the
same as those used by the PBGC for
determining and paying lump sums (set
forth in Appendix B to part 4022).
The PBGC has determined that notice
and public comment on this amendment
are impracticable and contrary to the
E:\FR\FM\15JNR1.SGM
15JNR1
]]>Agencies
[Federal Register Volume 70, Number 114 (Wednesday, June 15, 2005)]
[Rules and Regulations]
[Pages 34652-34655]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11892]
=======================================================================
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DEPARTMENT OF STATE
22 CFR Parts 120, 123, 124, 126, and 127
[Public Notice 5108]
Z-RIN 1400-ZA15
Amendments to the International Traffic in Arms Regulations:
Various
AGENCY: Department of State.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of State is amending and/or clarifying the
content of a number of provisions of the International Traffic in Arms
Regulations (ITAR). The affected parts of the ITAR are: Part 120--
Purpose and Definitions; Part 123--Licenses for the Export of Defense
Articles; Part 124--Agreements, Off-Shore Procurement and Other Defense
Services; Part 126--General Policies and Provisions; and Part 127--
Violations and Penalties. See SUPPLEMENTARY INFORMATION for a
description of the changes and clarifications for each respective part.
DATES: Effective June 15, 2005.
ADDRESSES: Interested parties are invited to submit written comments to
[[Page 34653]]
the Department of State, Directorate of Defense Trade Controls, Office
of Defense Trade Controls Policy, ATTN: Regulatory Change, 12th Floor,
SA-1, Washington, DC 20522-0112. E-mail comments may be sent to
DDTCResponseTeam@state.gov with an appropriate subject line. Persons
with access to the Internet may also view this notice by going to the
regulations.gov Web site at: https://www.regulations.gov. Comments will
be accepted at any time.
FOR FURTHER INFORMATION CONTACT: Mr. Stephen Tomchik, Office of Defense
Trade Controls Policy, Department of State, Telephone (202) 663-2799 or
FAX (202) 261-8199. ATTN: Regulatory Change, USML Parts 120.1, 123.15,
124.11, 126.5 and 127.12.
SUPPLEMENTARY INFORMATION: 22 CFR 120.1 describes inter alia the
responsibilities of the several offices comprising the Directorate of
Defense Trade Controls (DDTC). The textual changes to Sec. 120.1
reflect the transfer of responsibility for the commodity jurisdiction
procedure from the Office of Defense Trade Controls Licensing to the
Office of Defense Trade Controls Policy.
22 CFR 123.15 describes inter alia the monetary thresholds for
export of major defense equipment, and the export of defense articles
and services sold under contract that may take place only after DDTC
notifies an exporter through the issuance of a license or other
approval that Congress has not enacted a joint resolution prohibiting
the export. Similarly, 22 CFR 124.11 describes the monetary thresholds
for any technical assistance agreement or manufacturing license
agreement providing for the manufacture abroad of significant military
equipment on the United States Munitions List (USML), for the export of
major defense equipment, and the export of defense articles and
services sold under contract that shall be certified to Congress.
Pursuant to Public Law 107-228, the Foreign Relations Authorization
Act, Fiscal Year 2003, the threshold amounts for Congressional notice
were adjusted in the following manner: (1) The threshold levels for
member countries of the North Atlantic Treaty Organization (NATO),
Australia, Japan and New Zealand are established at $25 million for the
export of major defense equipment sold under a contract and $100
million for the export of defense articles and services sold under
contract; and (2) a threshold level of $1 million is established for
proposed exports to all countries involving firearms controlled under
Category I of the USML.
22 CFR 126.5 describes inter alia the modalities by which
exporters, without a license issued by DDTC, may carry out permanent
and temporary exports of defense articles to Canada, and temporary
imports from Canada. The textual additions to 22 CFR 126.5 are designed
to clarify for exporters the range of defense articles, related
technical data, and defense services that will continue to require a
license issued by the DDTC for export to or temporary import from
Canada.
The list of items excluded from the provisions of Section 126.5 are
outlined in paragraph (b). That list is amended in the following ways:
(1) The text of 126.5(b)(6) amended to reflect a change in the
title of Category I of the USML.
(2) The text of 126.5(b)(10) is amended to clarify that all types
of aircraft covered by Category VIII(a) of the USML require an export
license.
(3) The text of 126.5(b)(13) is amended to reflect the fact that
nuclear radiation measuring devices manufactured to military
specifications are now controlled in Category XVI vice Category XIV of
the USML.
(4) The text of 126.5(b)(18) is amended to reflect a change in the
title of Category XVI of the USML.
(5) A new entry is made to the text of 126.5(b) to clarify that the
exclusion from the exemption also embraces man-portable air defense
systems, and their parts and components, and technical data for such
systems that are controlled in Category IV of the USML. Other Category
IV items already are captured by the provisions 126.5(b)(2) which
covers all Missile Technology Control Regime (MTCR) Annex Items.
22 CFR 127.12 describes inter alia procedures concerning voluntary
disclosures by persons, firms, or organizations of violations of the
Arms Export Control Act (AECA). The textual changes made to this
section deal with the address to which such voluntary disclosures
should be sent.
Regulatory Analysis and Notices: This amendment involves a foreign
affairs function of the United States and, therefore, is not subject to
the procedures required by 5 U.S.C. 553 and 554. It is exempt from
review under Executive Order 12866; but has been reviewed internally by
the Department of State to ensure consistency with the purposes
thereof. This rule does not require analysis under the Regulatory
Flexibility Act or the Unfunded Mandates Reform Act. This amendment has
been found not to be a major rule within the meaning of the Small
Business Regulatory Enforcement Fairness Act of 1996. It will not have
substantial direct effects on the States, the relationship between the
national Government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, it
is determined that this rule does not have sufficient federalism
implications to warrant application of the consultation provisions of
Executive Orders 12372 and 13132. This rule does not impose any new
reporting or recordkeeping requirements subject to the Paperwork
Reduction Act, 44 U.S.C. chapter 35.
List of Subjects
22 CFR Part 120
Arms and munitions, Classified information, Exports.
22 CFR Part 123
Arms and munitions, Exports.
22 CFR Part 124
Arms and munitions, Exports, Technical assistance.
22 CFR Part 126
Arms and munitions, Exports.
22 CFR Part 127
Arms and munitions, Crime, Exports, Penalties, Seizures and
forfeitures.
0
Accordingly, for the reasons set forth above, title 22, chapter I,
subchapter M, parts 120, 123, 124, 126, and 127 are amended as follows:
PART 120--PURPOSE AND DEFINITIONS
0
1. The authority citation for part 120 is revised to read as follows:
Authority: Secs. 2, 38, and 71, Pub.L. 90-629, 90 Stat. 744 (22
U.S.C. 2752, 2778, 2797); 22 U.S.C. 2794; E.O. 11958, 42 FR 4311; 3
CFR, 1977 Comp, p. 79; 22 U.S.C. 2651a; Pub. L. 105-261, 112 Stat.
1920.
0
2. Section 120.1 is amended by revising paragraphs (b)(2)(i)(B) and (D)
to read as follows:
Sec. 120.1 General authorities and eligibility.
* * * * *
(b) * * *
(2) * * *
(i) * * *
(B) The Office of Defense Trade Controls Licensing and the
Director, Office of Defense Trade Controls Licensing, respectively,
insofar as such references relate to licensing or other authorization
of defense trade, including references under parts 120, 123, 124, 125,
126, 129 and 130 of this subchapter;
* * * * *
(D) The Office of Defense Trade Controls Policy and the Director,
Office of Defense Trade Controls Policy, respectively, insofar as such
references
[[Page 34654]]
relate to the general policies of defense trade, including references
under this part 120 and part 126 of this subchapter, and the commodity
jurisdiction procedure under this part 120.
* * * * *
PART 123--LICENSES FOR THE EXPORT OF DEFENSE ARTICLES
0
3. The authority citation for part 123 is revised to read as follows:
Authority: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22
U.S.C. 2752, 2778, 2797); 22 U.S.C. 2753; E.O. 11958, 42 FR 4311; 3
CFR, 1977 Comp. p. 79; 22 U.S.C. 2651a; 22 U.S.C. 2776; Pub. L. 105-
261, 112 Stat. 1920; Sec 1205(a), Pub. L. 107-228.
0
4. Section 123.15 is revised to read as follows:
Sec. 123.15 Congressional certification pursuant to Section 36(c) of
the Arms Export Control Act.
(a) The Arms Export Control Act requires that a certification be
provided to the Congress prior to the granting of any license or other
approval for transactions, in the amounts described below, involving
exports of any defense articles and defense services and for exports of
major defense equipment, as defined in Sec. 120.8 of this subchapter.
Approvals may not be granted when the Congress has enacted a joint
resolution prohibiting the export. Certification is required for any
transaction involving:
(1) A license for the export of major defense equipment sold under
a contract in the amount of $14,000,000 or more, or for defense
articles and defense services sold under a contract in the amount of
$50,000,000 or more to any country that is not a member country of the
North Atlantic Treaty Organization (NATO), or Australia, Japan or New
Zealand that does not authorize a new sales territory; or
(2) A license for export to a country that is a member country of
the North Atlantic Treaty Organization (NATO), or Australia, Japan or
New Zealand of major defense equipment sold under a contract in the
amount of $25,000,000 or more, or for defense articles and defense
services sold under a contract in the amount of $100,000,000 or more
and provided the transfer does not include any other countries; or
(3) A license for export of a firearm controlled under Category I
of the United States Munitions List, of this subchapter, in an amount
of $1,000,000 or more.
(b) Unless an emergency exists which requires the proposed export
in the national security interests of the United States, approval may
not be granted for any transaction until at least 15 calendar days have
elapsed after receipt by the Congress of the certification required by
22 U.S.C. 2776(c)(1) involving the North Atlantic Treaty Organization,
any member country of the Organization, or Australia, Japan or New
Zealand or at least 30 calendar days have elapsed for any other
country; in the case of a license for an export of a commercial
communications satellite for launch from, and by nationals of, the
Russian Federation, Ukraine, or Kazakhstan, until at least 15 calendar
days after the Congress receives such certification.
(c) Persons who intend to export defense articles and defense
services pursuant to any exemption in this subchapter under the
circumstances described in this section must provide written
notification to the Directorate of Defense Trade Controls and include a
signed contract and a DSP-83 signed by the applicant, the foreign
consignee and the end-user.
PART 124--AGREEMENTS, OFF-SHORE PROCUREMENT AND OTHER DEFENSE
SERVICES
0
5. The authority citation for part 124 is revised to read as follows:
Authority: Sec. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22
U.S.C. 2752, 2778, 2797); E.O. 11958, 42 FR 4311; 3 CFR 1977 Comp.
p. 79; 22 U.S.C. 2651a; 22 U.S.C. 2776; Pub. L. 105-261.
0
6. Section 124.11 is revised to read as follows:
Sec. 124.11 Congressional certification pursuant to Section 36(d) of
the Arms Export Control Act.
(a) The Arms Export Control Act requires that a certification be
provided to the Congress prior to the granting of any approval of a
manufacturing license agreement or technical assistance agreement as
defined in Sections 120.21 and 120.22 respectively for the
manufacturing abroad of any item of significant military equipment (see
Sec. 120.7 of this subchapter) that is entered into with any country
regardless of dollar value. Additionally, any manufacturing license
agreement or technical assistance agreement providing for the export of
major defense equipment, as defined in Sec. 120.8 of this subchapter
shall also require a certification when meeting the requirements of
Sec. 123.15 of this subchapter.
(b) Unless an emergency exists which requires the immediate
approval of the agreement in the national security interests of the
United States, approval may not be granted until at least 15 calendar
days have elapsed after receipt by the Congress of the certification
required by 22 U.S.C. 2776(d)(1) involving the North Atlantic Treaty
Organization, any member country of that Organization, or Australia,
Japan or New Zealand or at least 30 calendar days have elapsed for any
other country. Approvals may not be granted when the Congress has
enacted a joint resolution prohibiting the export.
(c) Persons who intend to export defense articles and defense
services pursuant to any exemption in this subchapter under the
circumstances described in this section and section 123.15 must provide
written notification to the Directorate of Defense Trade Controls and
include a signed contract and a DSP-83 signed by the applicant, the
foreign consignee and the end-user.
PART 126--GENERAL POLICIES AND PROVISIONS
0
7. The authority citation for part 126 is revised to read as follows:
Authority: Secs. 2, 38, 40, 42, and 71, Pub.L. 90-629, 90 Stat.
744 (22 U.S.C. 2752, 2778, 2780, 2791, and 2797); E.O. 11958, 42 FR
4311; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. 2651a; 22 U.S.C. 287c; E.O.
12918, 59 FR 28205, 3 CFR, 1994 Comp. p. 899.
0
8. Section 126.5 is amended by revising paragraphs (b) introductory
text, (6), (10), (13), and (18), (c)(1), and note 2, and by adding
paragraph (b)(21) to read as follows:
Sec. 126.5 Canadian exemptions.
* * * * *
(b) Permanent and temporary export of defense articles. Except as
provided below, District Director of Customs and postmasters shall
permit, when for end-use in Canada by Canadian Federal or Provincial
governmental authorities acting in an official capacity or by a
Canadian-registered person or for return to the United States, the
permanent and temporary export to Canada without a license of defense
articles and related technical data identified in 22 CFR 121.1. The
above exemption is subject to the following limitations: Defense
articles and related technical data, and defense services identified in
paragraphs (b)(1) through (b)(21) of this section and exports that
transit third countries. Such limitations also are subject to meeting
the requirements of this subchapter, (to include 22 CFR 120.1(c) and
(d), parts 122 and 123 (except insofar as exemption from licensing
requirements is herein authorized) and Section 126.1, and the
requirement to obtain non-transfer and use assurances for all
significant military equipment. For purposes of this section,
``Canadian-registered person'' is
[[Page 34655]]
any Canadian national (including Canadian business entities organized
under the laws of Canada), dual citizen of Canada and a third country
(subject to section 126.1), and permanent resident registered in Canada
in accordance with the Canadian Defense Production Act, and such other
Canadian Crown Corporations identified by the Department of State in a
list of such persons publicly available through the Internet Web site
of the Directorate of Defense Trade Controls and by other means. The
defense articles, related technical data, and defense services
identified in 22 CFR 121.1 continuing to require a license are:
* * * * *
(6) Firearms, close assault weapons and combat shotguns listed in
Category I.
* * * * *
(10) All Category VIII(a) items, and developmental aircraft,
engines and components identified in Category VIII(f).
* * * * *
(13) Nuclear radiation measuring devices manufactured to military
specifications listed in Category XVI(c).
* * * * *
(18) Nuclear weapons, design and testing equipment listed in
Category XVI.
* * * * *
(21) Man-portable air defense systems, and their parts and
components, and technical data for such systems covered by Category IV.
(c) Defense service exemption. A defense service is exempt from the
licensing requirements of part 124 of this subchapter, when the
following criteria can be met.
(1) The item, technical data, defense service and transaction is
not identified in paragraphs (b)(1) through (21) of this section; and
* * * * *
Notes to Sec. 126.5
* * * * *
2. Additional exemptions exist in other sections of this subchapter
that are applicable to Canada, for example Secs. 123.9, 125.4 and
124.2, which allows for the performance of defense services related to
training in basic operations and maintenance, without a license, for
defense articles lawfully exported, including those identified in
paragraphs (b)(1) through (21) of this section.
PART 127--VIOLATIONS AND PENALTIES
0
9. The authority citation for part 127 is amended to read as follows:
Authority: Secs. 2, 38, and 42, Pub. L. 90-629, 90 Stat. 744 (22
U.S.C. 2752, 2778, 2791); E.O. 11958, 42 FR 4311; 3 CFR, 1977 Com.
p. 79; 22 U.S.C. 401; 22 U.S.C. 2651a; 22 U.S.C. 2779a; 22 U.S.C.
2780.
0
10. Section 127.12 is amended by revising paragraph (g) as follows:
Sec. 127.12 Voluntary disclosures.
* * * * *
(g) Voluntary disclosures should be sent to the Office of Defense
Trade Controls Compliance, Directorate of Defense Trade Controls.
Exporters should consult the Directorate of Defense Trade Controls Web
site at https://www.pmdtc.org for the appropriate street address.
* * * * *
Dated: May 10, 2005.
John R. Bolton,
Under Secretary, Arms Control and International Security, Department of
State.
[FR Doc. 05-11892 Filed 6-14-05; 8:45 am]
BILLING CODE 4710-25-P
