30-Day Notice of Proposed Information Collection: Form DS-4048, Projected Sales of Major Weapons in Support of Section 25(a)(1) of the Arms Export Control Act; OMB Control Number 1405-0156, 18309-18310 [E7-6874]
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Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Notices
proposed substitutions will be such as
to offer the same degree of protection to
each Replacement Fund from
overreaching that Rule 17a–7 provides
to them generally in connection with
their purchase and sale of securities
under that Rule in the ordinary course
of their business. In particular, the
Insurance Companies (or any of their
affiliates) cannot effect the proposed
transactions at a price that is
disadvantageous to any of the
Replacement Funds. Although the
transactions may not be entirely for
cash, each will be effected based upon
(1) the independent market price of the
portfolio securities valued as specified
in paragraph (b) of Rule 17a–7, and (2)
the net asset value per share of each
fund involved valued in accordance
with the procedures disclosed in its
respective Investment Company’s
registration statement and as required
by Rule 22c–1 under the Act. No
brokerage commission, fee, or other
remuneration will be paid to any party
in connection with the proposed in kind
purchase transactions.
33. The sale of shares of Replacement
Funds for investment securities, as
contemplated by the proposed
Insurance Company in-kind purchases,
is consistent with the investment policy
and restrictions of the Investment
Companies and the Replacement Funds
because (1) the shares are sold at their
net asset value, and (2) the portfolio
securities are of the type and quality
that the Replacement Funds would each
have acquired with the proceeds from
share sales had the shares been sold for
cash. To assure that the second of these
conditions is met, Met Investors
Advisory LLC, MetLife Advisers, LLC
and the sub-adviser, as applicable, will
examine the portfolio securities being
offered to each Replacement Fund and
accept only those securities as
consideration for shares that it would
have acquired for each such fund in a
cash transaction.
34. The Section 17 Applicants submit
that the proposed Insurance Company
in-kind purchases are consistent with
the general purposes of the Act as stated
in the Findings and Declaration of
Policy in Section 1 of the Act and that
the proposed transactions do not
present any of the conditions or abuses
that the Act was designed to prevent.
35. The Section 17 Applicants
represent that the proposed in-kind
purchases meet all of the requirements
of Section 17(b) of the Act request that
the Commission issue an order pursuant
to Section 17(b) of the Act exempting
the Separate Accounts, the Insurance
Companies, MIST, Met Series Fund and
each Replacement Fund from the
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15:09 Apr 10, 2007
Jkt 211001
provisions of Section 17(a) of the Act to
the extent necessary to permit the
Insurance Companies on behalf of the
Separate Accounts to carry out, as part
of the substitutions, the in-kind
purchase of shares of the Replacement
Funds which may be deemed to be
prohibited by Section 17(a) of the Act.
Conclusion
Applicants assert that for the reasons
summarized above the proposed
substitutions and related transactions
meet the standards of Section 26(c) of
the Act and are consistent with the
standards of Section 17(b) of the Act
and that the requested orders should be
granted.
For the Commission, by the Division of
Investment Management pursuant to
delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–6852 Filed 4–10–07; 8:45 am]
BILLING CODE 8010–01–P
DEPARTMENT OF STATE
[Public Notice 5750]
30-Day Notice of Proposed Information
Collection: Form DS–4048, Projected
Sales of Major Weapons in Support of
Section 25(a)(1) of the Arms Export
Control Act; OMB Control Number
1405–0156
Notice of request for public
comment and submission to OMB of
proposed collection of information.
ACTION:
SUMMARY: The Department of State has
submitted the following information
collection request to the Office of
Management and Budget (OMB) for
approval in accordance with the
Paperwork Reduction Act of 1995.
• Title of Information Collection:
Projected Sales of Major Weapons in
Support of Section 25(a)(1) of the Arms
Export Control Act.
• OMB Control Number: 1405–0156.
• Type of Request: Extension of a
Currently Approved Collection.
• Originating Office: Bureau of
Political-Military Affairs, Directorate of
Defense Trade Controls, (PM/DDTC).
• Form Number: DS–4048.
• Respondents: Business
organizations.
• Estimated Number of Respondents:
20 (total).
• Estimated Number of Responses: 20
(per year).
• Average Hours Per Response: 60
hours.
• Total Estimated Burden: 1200 hours
(per year).
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18309
• Frequency: Once a year.
• Obligation to Respond: Voluntary.
DATES: Submit comments to the Office
of Management and Budget (OMB) for
up to 30 days from April 11, 2007.
ADDRESSES: Direct comments and
questions to Katherine Astrich, the
Department of State Desk Officer in the
Office of Information and Regulatory
Affairs at the Office of Management and
Budget (OMB), who may be reached at
202–395–4718. You may submit
comments by any of the following
methods:
• E-mail: kastricht@omb.eop.gov. You
must include the DS form number,
information collection title, and OMB
control number in the subject line of
your message.
• Mail (paper, disk, or CD–ROM
submissions): Office of Information and
Regulatory Affairs, Office of
Management and Budget, 725 17th
Street, NW., Washington, DC 20503.
• Fax: 202–395–6974
FOR FURTHER INFORMATION CONTACT: You
may obtain copies of the proposed
information collection and supporting
documents from Patricia C. Slygh, PM/
DDTC, SA–1, 12th Floor, Directorate of
Defense Trade Controls, Bureau of
Political-Military Affairs, U.S.
Department of State, Washington, DC
20522–0112, who may be reached on
(202) 663–2700 and E-mail:
Slyghpc@state.gov.
SUPPLEMENTARY INFORMATION: We are
soliciting public comments to permit
the Department to:
• Evaluate whether the proposed
information collection is necessary to
properly perform our functions.
• Evaluate the accuracy of our
estimate of the burden of the proposed
collection, including the validity of the
methodology and assumptions used.
• Enhance the quality, utility, and
clarity of the information to be
collected.
• Minimize the reporting burden on
those who are to respond, including the
use of automated collection techniques
or other forms of technology.
Abstract of proposed collection: The
information will be used to prepare an
annual report to Congress regarding
arms sales proposals covering all
Foreign Military Sales (FMS) and
licensed commercial exports of major
weapons or weapons-related defense
equipment for $7,000,000 or more, or of
any other weapons or weapons-related
defense equipment for $25,000,000 or
more, which are considered eligible for
approval during the current calendar
year in accordance with section 25 of
the Arms Export Control Act (AECA) [22
U.S.C. 2765].
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Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Notices
Methodology: Respondents may
submit the information by e-mail using
DS–4048, an Excel electronic
spreadsheet, or by letter using the fax or
postal mail.
Dated: March 23, 2007.
Gregory M. Suchan,
Deputy Assistant Secretary for Defense Trade
Controls, Bureau of Political-Military Affairs,
Department of State.
[FR Doc. E7–6874 Filed 4–10–07; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF STATE
[Public Notice 5751]
Bureau of Political-Military Affairs;
Statutory Debarment of ITT
Corporation Pursuant to the Arms
Export Control Act and the
International Traffic in Arms
Regulations
cprice-sewell on PRODPC61 with NOTICES
ACTION:
Notice.
SUMMARY: Notice is hereby given that
persons convicted of violating Section
38 of the Arms Export Control Act, as
amended, (‘‘AECA’’) (22 U.S.C. 2778)
are statutorily debarred pursuant to
Section 38(g)(4) of the AECA and
Section 127.7(c) of the International
Traffic in Arms Regulations (‘‘ITAR’’)
(22 CFR 127.7(c)). On March 28, 2007,
in the United States District Court for
the Western District of Virginia, ITT
Corporation entered a guilty plea to the
willful export of defense articles
without a license, in violation of Section
38 of the AECA and Sections 127.1(a)
and 127.3 of the ITAR.
EFFECTIVE DATE: March 28, 2007.
FOR FURTHER INFORMATION CONTACT:
David Trimble, Director, Office of
Defense Trade Controls Compliance,
Bureau of Political-Military Affairs,
Department of State (202) 663–2700.
SUPPLEMENTARY INFORMATION: Section
38(g)(4) of the AECA, 22 U.S.C.
2778(g)(4), prohibits the Department of
State from issuing licenses for the
export of items on the U.S. Munitions
List, where the applicant or any party to
the export, has been convicted of
violating certain statutory provisions,
including Section 38 of the AECA. In
implementing this provision, Section
127.7 of the ITAR, 22 CFR 127.7,
provides for ‘‘statutory debarment’’ of
any person who has been convicted of
violating or conspiring to violate the
AECA. Persons subject to debarment are
prohibited from participating directly or
indirectly in the export of defense
articles, including technical data, or in
the furnishing of defense services for
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15:09 Apr 10, 2007
Jkt 211001
which a license or other approval is
required.
On March 28, 2007, in the United
States District Court for the Western
District of Virginia, ITT Corporation
entered a guilty plea to the willful
export of defense articles without a
license, in violation of Section 38 of the
AECA and Sections 127.1(a) and 127.3
of the ITAR. Pursuant to Section 38(g)(4)
of the AECA and Section 127.7(c) of the
ITAR, ITT Corporation is statutorily
debarred. The Acting Assistant
Secretary of State for Political-Military
Affairs after a full review of the
circumstances, finding that appropriate
steps have been taken to mitigate any
law enforcement concerns, has decided
to except out of the statutory debarment
all present ITT Corporation business
units but the culpable ITT entity
responsible for the violations resulting
in the aforementioned plea, ITT-Night
Vision Division.
The Acting Assistant Secretary for
Political-Military Affairs has
determined, based on the underlying
nature of the violations, the debarment
period shall be for three years, however,
the Department will consider
reinstatement requests from debarred
persons one year after the date of
debarment. At the end of the debarment
period, export privileges may be
reinstated only at the request of ITT
Corporation, followed by interagency
consultations, after a thorough review of
the circumstances surrounding the
conviction, and a finding that
appropriate steps have been taken to
mitigate any law enforcement concerns
as required by Section 38(g)(4) of the
AECA. Unless export privileges are
reinstated, however, ITT Corporation
will remain debarred.
Exceptions, also known as transaction
exceptions, may be granted with respect
to this debarment on a case-by-case
basis at the discretion of the Assistant
Secretary of State for Political-Military
Affairs after a thorough review of the
circumstances surrounding the
conviction, and a finding that
appropriate steps have been taken to
mitigate any law enforcement concerns.
Such exceptions have been granted with
respect to certain existing authorization
and pending authorizations for key
programs involving ITT-Night Vision
Division that have been identified as
being necessary to U.S. national security
and foreign policy interests. Approvals
of future requests for authorizations may
be granted after a full review of all
circumstances to include law
enforcement concerns and whether an
exception is warranted by overriding
U.S. foreign policy or national security
interests, or whether an exception
PO 00000
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Fmt 4703
Sfmt 4703
would further law enforcement
concerns that are consistent with foreign
policy or national security interest of
the United States, and whether other
compelling concerns exist that are
consistent with the foreign policy or
national security interests of the United
States.
Debarred persons are generally
ineligible to participate in activity
regulated under the ITAR (see e.g.,
Sections 120.1(c) and (d) and 127.11(a)).
Pursuant to Section 127.1(c) of the
ITAR, any person who has knowledge
that another person is subject to
debarment or is otherwise ineligible
may not, without disclosure to and
written approval from the Directorate of
Defense Trade Controls, participate,
directly or indirectly, in any export in
which such ineligible person may
benefit or have any direct or indirect
interest.
This notice is provided to make the
public aware that the parties listed
above, unless an exception applies, are
prohibited from participating directly or
indirectly in activities regulated by the
ITAR, including any brokering
activities, and in any export from or
temporary import into the United States
of defense articles, related technical
data, or defense services in all situations
covered by the ITAR. Specific case
information may be obtained from the
Office of the clerk for the U.S. District
Court mentioned above.
Dated: March 26, 2007.
Stephen D. Mull,
Acting Assistant Secretary for PoliticalMilitary Affairs.
[FR Doc. E7–6869 Filed 4–10–07; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF STATE
[Public Notice 5683]
Notice of Charter Renewal for the
Advisory Committee on Historical
Diplomatic Documentation
The Advisory Committee on
Historical Diplomatic Documentation
has renewed its charter for an additional
period of two years. This Advisory
Committee will continue to make
recommendations to the Historian and
the Department of State on all aspects of
the Department’s program to publish the
Foreign Relations of the United States
series as well as on the Department’s
responsibility under statute (22 U.S.C.
4351, et seq.) to open its 30-year old and
older records for public review at the
National Archives and Records
Administration. The Committee consists
of nine members drawn from among
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Agencies
[Federal Register Volume 72, Number 69 (Wednesday, April 11, 2007)]
[Notices]
[Pages 18309-18310]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6874]
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DEPARTMENT OF STATE
[Public Notice 5750]
30-Day Notice of Proposed Information Collection: Form DS-4048,
Projected Sales of Major Weapons in Support of Section 25(a)(1) of the
Arms Export Control Act; OMB Control Number 1405-0156
ACTION: Notice of request for public comment and submission to OMB of
proposed collection of information.
-----------------------------------------------------------------------
SUMMARY: The Department of State has submitted the following
information collection request to the Office of Management and Budget
(OMB) for approval in accordance with the Paperwork Reduction Act of
1995.
Title of Information Collection: Projected Sales of Major
Weapons in Support of Section 25(a)(1) of the Arms Export Control Act.
OMB Control Number: 1405-0156.
Type of Request: Extension of a Currently Approved
Collection.
Originating Office: Bureau of Political-Military Affairs,
Directorate of Defense Trade Controls, (PM/DDTC).
Form Number: DS-4048.
Respondents: Business organizations.
Estimated Number of Respondents: 20 (total).
Estimated Number of Responses: 20 (per year).
Average Hours Per Response: 60 hours.
Total Estimated Burden: 1200 hours (per year).
Frequency: Once a year.
Obligation to Respond: Voluntary.
DATES: Submit comments to the Office of Management and Budget (OMB) for
up to 30 days from April 11, 2007.
ADDRESSES: Direct comments and questions to Katherine Astrich, the
Department of State Desk Officer in the Office of Information and
Regulatory Affairs at the Office of Management and Budget (OMB), who
may be reached at 202-395-4718. You may submit comments by any of the
following methods:
E-mail: kastricht@omb.eop.gov. You must include the DS
form number, information collection title, and OMB control number in
the subject line of your message.
Mail (paper, disk, or CD-ROM submissions): Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street, NW., Washington, DC 20503.
Fax: 202-395-6974
FOR FURTHER INFORMATION CONTACT: You may obtain copies of the proposed
information collection and supporting documents from Patricia C. Slygh,
PM/DDTC, SA-1, 12th Floor, Directorate of Defense Trade Controls,
Bureau of Political-Military Affairs, U.S. Department of State,
Washington, DC 20522-0112, who may be reached on (202) 663-2700 and E-
mail: Slyghpc@state.gov.
SUPPLEMENTARY INFORMATION: We are soliciting public comments to permit
the Department to:
Evaluate whether the proposed information collection is
necessary to properly perform our functions.
Evaluate the accuracy of our estimate of the burden of the
proposed collection, including the validity of the methodology and
assumptions used.
Enhance the quality, utility, and clarity of the
information to be collected.
Minimize the reporting burden on those who are to respond,
including the use of automated collection techniques or other forms of
technology.
Abstract of proposed collection: The information will be used to
prepare an annual report to Congress regarding arms sales proposals
covering all Foreign Military Sales (FMS) and licensed commercial
exports of major weapons or weapons-related defense equipment for
$7,000,000 or more, or of any other weapons or weapons-related defense
equipment for $25,000,000 or more, which are considered eligible for
approval during the current calendar year in accordance with section 25
of the Arms Export Control Act (AECA) [22 U.S.C. 2765].
[[Page 18310]]
Methodology: Respondents may submit the information by e-mail using
DS-4048, an Excel electronic spreadsheet, or by letter using the fax or
postal mail.
Dated: March 23, 2007.
Gregory M. Suchan,
Deputy Assistant Secretary for Defense Trade Controls, Bureau of
Political-Military Affairs, Department of State.
[FR Doc. E7-6874 Filed 4-10-07; 8:45 am]
BILLING CODE 4710-25-P