Amendment to the International Traffic in Arms Regulations: Renewal of Registration, 41258-41259 [E8-16537]
Download as PDF
<![CDATA[
41258
Federal Register / Vol. 73, No. 139 / Friday, July 18, 2008 / Rules and Regulations
Executive Order 12988: Civil Justice
Reform
The Department has reviewed the
regulations in light of sections 3(a) and
3(b)(2) of Executive Order No. 12988 to
eliminate ambiguity, minimize
litigation, establish clear legal
standards, and reduce burden.
The Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act
of 1995 (PRA), 44 U.S.C. 3501, et seq.,
Federal agencies must obtain approval
from OMB for most collections of
information they conduct, sponsor, or
require through regulation. The
Department of State has determined that
this rule does not require new collection
of information for purposes of the PRA.
List of Subjects in 22 CFR Part 7
Board of Appellate Review.
List of Subjects in 22 CFR Part 50
Citizenship, Nationality, Loss of
Nationality.
I Accordingly, under the authority of 22
U.S.C. 2651a, for the reasons set forth in
the preamble, the Department amends
22 CFR chapter I as follows:
PART 7—[REMOVED AND RESERVED]
I
1. Part 7 is removed and reserved.
PART 50—NATIONALITY
PROCEDURES—[AMENDED]
2. The authority citation for part 50 is
revised to read as follows:
I
Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104
and 1401 through 1504.
I
3. Revise § 50.51 to read as follows:
rwilkins on PROD1PC63 with RULES
§ 50.51 Review of finding of loss of
nationality.
(a) There are no prescribed
‘‘procedures for administrative appeal’’
of issuance of a Certificate of Loss of
Nationality for purposes of § 358 of the
Immigration and Nationality Act (8
U.S.C. 1501) and no mandatory
administrative review procedure prior
to resort to judicial processes under
§ 360 of the Immigration and Nationality
Act (8 U.S.C. 1503). Nevertheless, the
Department may in its discretion review
determinations of loss of nationality at
any time after approval of issuance of
the Certificate of Loss of Nationality to
ensure consistency with governing law
(see INA §§ 349 and 356, 8 U.S.C. 1481
and 1488). Such reconsideration may be
initiated at the request of the person
concerned or another person
determined in accordance with
guidance issued by the Department to
have a legitimate interest.
VerDate Aug<31>2005
16:19 Jul 17, 2008
Jkt 214001
(b) The primary grounds on which the
Department will consider reversing a
finding of loss of nationality and
vacating a Certificate of Loss of
Nationality are:
(1) The law under which the finding
of loss was made has been held
unconstitutional; or
(2) A major change in the
interpretation of the law of expatriation
is made as a result of a U.S. Supreme
Court decision; or
(3) A major change in the
interpretation of the law of expatriation
is made by the Department, or is made
by a court or another agency and
adopted by the Department; and/or
(4) The person presents substantial
new evidence, not previously
considered, of involuntariness or
absence of intent at the time of the
expatriating act.
(c) When the Department reverses a
finding of loss of nationality, the person
concerned shall be considered not to
have lost U.S. nationality as of the time
the expatriating act was committed, and
the Certificate of Loss of Nationality
shall be vacated.
(d) Requesting the Department to
reverse a finding of loss of nationality
and vacate a Certificate of Loss of
Nationality is not a prescribed
‘‘procedure for administrative appeal’’
for purposes of § 358 of the Immigration
and Nationality Act (8 U.S.C. 1501). The
Department’s decision in response to
such a request is not a prescribed
‘‘procedure for administrative appeal’’
for purposes of § 358 of the Immigration
and Nationality Act (8 U.S.C. 1501). The
issuance of a Certificate of Loss of
Nationality by the Department is a
‘‘final administrative determination’’
and ‘‘final administrative denial’’ for
purposes of §§ 358 and 360 of the
Immigration and Nationality Act (8
U.S.C. 1501 and 1503), respectively.
Dated: July 9, 2008.
Janice L. Jacobs,
Assistant Secretary of State, Consular Affairs,
Department of State.
[FR Doc. E8–16247 Filed 7–17–08; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF STATE
22 CFR Part 122
[Public Notice 6300]
RIN 1400–AC50
Amendment to the International Traffic
in Arms Regulations: Renewal of
Registration
Department of State.
Final rule.
AGENCY:
ACTION:
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
SUMMARY: The Department of State is
amending the International Traffic in
Arms Regulations (ITAR) by revising the
validity period for registration and by
limiting the time frame in which a
registration may be renewed.
DATES: Effective Date: This rule is
effective on July 18, 2008.
FOR FURTHER INFORMATION CONTACT:
Patricia Slygh, Directorate of Defense
Trade Controls, Bureau of PoliticalMilitary Affairs, Department of State,
(202) 663–2830 or FAX (202) 261–8199;
E-mail DDTCResponseTeam@state.gov,
ATTN: Regulatory Change, ITAR Part
122.
SUPPLEMENTARY INFORMATION: The
Directorate of Defense Trade Controls
(DDTC) is revising 22 CFR 122.3 to limit
the registration period to one year,
instead of up to two years for both new
registrants and for those renewing their
registration. Registrants will be required
to submit renewal packages no more
than 60 days prior to their current
expiration date.
Regulatory Analysis and Notices
Administrative Procedure Act: This
amendment involves a foreign affairs
function of the United States and,
therefore, is not subject to the
procedures contained in 5 U.S.C. 553
and 554.
Regulatory Flexibility Act: Because
this rule is exempt from notice and
comment rulemaking under 5 U.S.C.
553, it is exempt from the regulatory
flexibility analysis requirements set
forth in sections 603 and 604 of the
Regulatory Flexibility Act (5 U.S.C. 603
and 604).
Unfunded Mandates Reform Act of
1995: This amendment does not involve
a mandate that will result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any year and it will not significantly
or uniquely affect small governments.
Therefore, no actions were deemed
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
Small Business Regulatory
Enforcement Fairness Act of 1996: This
amendment has not been found to be a
major rule within the meaning of the
Small Business Regulatory Enforcement
Fairness Act of 1996.
Executive Orders 12372 and 13132:
This amendment will not have
substantial effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, in
E:\FR\FM\18JYR1.SGM
18JYR1
Federal Register / Vol. 73, No. 139 / Friday, July 18, 2008 / Rules and Regulations
accordance with Executive Order 13132,
it is determined that this amendment
does not have sufficient federalism
implications to require consultations or
warrant the preparation of a federalism
summary impact statement. Executive
Order 12372, regarding
intergovernmental consultation on
Federal programs and activities, does
not apply to this amendment.
Executive Order 12866: This
amendment is exempt from the review
under Executive Order 12866, but has
been reviewed internally by the
Department of State to ensure
consistency with the purposes thereof.
Executive Order 12988: The
Department of State has reviewed the
proposed regulations in light of sections
3(a) and 3(b)(2) of Executive Order
12988 to eliminate ambiguity, minimize
litigation, establish clear legal
standards, and reduce burden.
Paperwork Reduction Act: 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 in 22 CFR Part 122
Arms and munitions, Exports,
Reporting and recordkeeping
requirements.
I Accordingly, for the reasons set forth
above, Title 22, Chapter I, Subchapter
M, Part 122 is amended as follows:
PART 122—REGISTRATION OF
MANUFACTURERS AND EXPORTERS
1. The authority citation for Part 122
continues to read as follows:
I
DEPARTMENT OF THE TREASURY
I
Internal Revenue Service
[TD 9391]
RIN 1545–BF85
Source Rules Involving U.S.
Possessions and Other Conforming
Changes; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendment.
AGENCY:
SUMMARY: This document contains a
correction to final regulations (TD 9391)
that were published in the Federal
Register on Wednesday, April 9, 2008
(73 FR 19350) providing rules under
section 937(b) of the Internal Revenue
Code for determining whether income is
derived from sources within a U.S.
possession or territory specified in
section 937(a)(1) (generally referred to
in this preamble as a ‘‘territory’’) and
whether income is effectively connected
with the conduct of a trade or business
within a territory.
DATES: This correction is effective July
18, 2008, and is applicable on April 9,
2008.
FOR FURTHER INFORMATION CONTACT: J.
David Varley, (202) 622–7790 (not a tollfree number).
SUPPLEMENTARY INFORMATION:
Background
Authority: Secs. 2 and 38, Public Law
90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778);
E.O. 11958, 42 FR 4311, 1977 Comp. p. 79,
22 U.S.C. 2651a.
2. Section 122.3 is amended by
revising paragraphs (a) and (b) to read
as follows:
Need for Correction
§ 122.3
Registration fees.
rwilkins on PROD1PC63 with RULES
(a) A person who is required to
register may do so for a period of 1 year
upon submission of a completed Form
DS–2032, transmittal letter and payment
of $1,750.
(b) Expiration of registration. A
registrant must submit its request for
registration renewal at least 30 days but
no earlier than 60 days prior to the
expiration date.
*
*
*
*
*
Dated: July 3, 2008.
John C. Rood,
Acting Under Secretary for Arms Control and
International Security, Department of State.
[FR Doc. E8–16537 Filed 7–17–08; 8:45 am]
As published, final regulations (TD
9391) contain an error that may prove to
be misleading and is in need of
clarification.
List of Subject in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Correction of Publication
Accordingly, 26 CFR part 1 is
corrected by making the following
correcting amendment:
I
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read, in part, as
follows:
I
Authority: 26 U.S.C. 7805 * * *
BILLING CODE 4701–25–P
VerDate Aug<31>2005
16:19 Jul 17, 2008
Jkt 214001
PO 00000
Frm 00025
Fmt 4700
[Removed]
Par. 2. Section 1.881–5T is removed.
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, (Procedure and Administration).
[FR Doc. E8–16305 Filed 7–17–08; 8:45 am]
26 CFR Part 1
The final regulations and removal of
temporary regulations that are the
subjects of this document are under
sections 1, 170A, 861, 871, 876, 881,
884, 901, 931, 932, 933, 934, 935, 937,
957, 1402, 6012, 6038, 6046, 6688, and
7701 of the Internal Revenue Code.
I
§ 1.881–5T
41259
Sfmt 4700
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Parts 7, 16, and 25
[TTB Ruling 2008–3]
Classification of Brewed Products as
‘‘Beer’’ Under the Internal Revenue
Code of 1986 and as ‘‘Malt Beverages’’
Under the Federal Alcohol
Administration Act
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Ruling on the classification of
brewed products.
AGENCY:
SUMMARY: This document reproduces a
ruling issued by the Alcohol and
Tobacco Tax and Trade Bureau on July
7, 2008, to clarify that that certain
brewed products classified as ‘‘beer’’
under the Internal Revenue Code of
1986 do not meet the definition of a
‘‘malt beverage’’ under the Federal
Alcohol Administration Act.
DATES: The ruling was effective on July
7, 2008.
FOR FURTHER INFORMATION CONTACT:
Ramona Hupp, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street, NW.,
Room 200–East, Washington, DC 20220;
telephone (202) 927–2166.
SUPPLEMENTARY INFORMATION: On July 7,
2008, the Alcohol and Tobacco Tax and
Trade Bureau (TTB) issued TTB Ruling
2008–3 to clarify that certain brewed
products classified as ‘‘beer’’ under the
Internal Revenue Code of 1986 do not
meet the definition of a ‘‘malt beverage’’
under the Federal Alcohol
Administration Act. We made this
ruling available through the TTB Web
site on July 8, 2008. This ruling is
reproduced below:
TTB Ruling 2008–3
Classification of Brewed Products as
‘‘Beer’’ Under the Internal Revenue
Code of 1986 and as ‘‘Malt Beverages’’
Under the Federal Alcohol
Administration Act
In recent months, the Alcohol and
Tobacco Tax and Trade Bureau (TTB)
E:\FR\FM\18JYR1.SGM
18JYR1
]]>Agencies
[Federal Register Volume 73, Number 139 (Friday, July 18, 2008)]
[Rules and Regulations]
[Pages 41258-41259]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16537]
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 122
[Public Notice 6300]
RIN 1400-AC50
Amendment to the International Traffic in Arms Regulations:
Renewal of Registration
AGENCY: Department of State.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of State is amending the International Traffic
in Arms Regulations (ITAR) by revising the validity period for
registration and by limiting the time frame in which a registration may
be renewed.
DATES: Effective Date: This rule is effective on July 18, 2008.
FOR FURTHER INFORMATION CONTACT: Patricia Slygh, Directorate of Defense
Trade Controls, Bureau of Political-Military Affairs, Department of
State, (202) 663-2830 or FAX (202) 261-8199; E-mail
DDTCResponseTeam@state.gov, ATTN: Regulatory Change, ITAR Part 122.
SUPPLEMENTARY INFORMATION: The Directorate of Defense Trade Controls
(DDTC) is revising 22 CFR 122.3 to limit the registration period to one
year, instead of up to two years for both new registrants and for those
renewing their registration. Registrants will be required to submit
renewal packages no more than 60 days prior to their current expiration
date.
Regulatory Analysis and Notices
Administrative Procedure Act: This amendment involves a foreign
affairs function of the United States and, therefore, is not subject to
the procedures contained in 5 U.S.C. 553 and 554.
Regulatory Flexibility Act: Because this rule is exempt from notice
and comment rulemaking under 5 U.S.C. 553, it is exempt from the
regulatory flexibility analysis requirements set forth in sections 603
and 604 of the Regulatory Flexibility Act (5 U.S.C. 603 and 604).
Unfunded Mandates Reform Act of 1995: This amendment does not
involve a mandate that will result in the expenditure by State, local,
and tribal governments, in the aggregate, or by the private sector, of
$100 million or more in any year and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996: This
amendment has not been found to be a major rule within the meaning of
the Small Business Regulatory Enforcement Fairness Act of 1996.
Executive Orders 12372 and 13132: This amendment will not have
substantial effects on the States, on the relationship between the
national government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
[[Page 41259]]
accordance with Executive Order 13132, it is determined that this
amendment does not have sufficient federalism implications to require
consultations or warrant the preparation of a federalism summary impact
statement. Executive Order 12372, regarding intergovernmental
consultation on Federal programs and activities, does not apply to this
amendment.
Executive Order 12866: This amendment is exempt from the review
under Executive Order 12866, but has been reviewed internally by the
Department of State to ensure consistency with the purposes thereof.
Executive Order 12988: The Department of State has reviewed the
proposed regulations in light of sections 3(a) and 3(b)(2) of Executive
Order 12988 to eliminate ambiguity, minimize litigation, establish
clear legal standards, and reduce burden.
Paperwork Reduction Act: 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 in 22 CFR Part 122
Arms and munitions, Exports, Reporting and recordkeeping
requirements.
0
Accordingly, for the reasons set forth above, Title 22, Chapter I,
Subchapter M, Part 122 is amended as follows:
PART 122--REGISTRATION OF MANUFACTURERS AND EXPORTERS
0
1. The authority citation for Part 122 continues to read as follows:
Authority: Secs. 2 and 38, Public Law 90-629, 90 Stat. 744 (22
U.S.C. 2752, 2778); E.O. 11958, 42 FR 4311, 1977 Comp. p. 79, 22
U.S.C. 2651a.
0
2. Section 122.3 is amended by revising paragraphs (a) and (b) to read
as follows:
Sec. 122.3 Registration fees.
(a) A person who is required to register may do so for a period of
1 year upon submission of a completed Form DS-2032, transmittal letter
and payment of $1,750.
(b) Expiration of registration. A registrant must submit its
request for registration renewal at least 30 days but no earlier than
60 days prior to the expiration date.
* * * * *
Dated: July 3, 2008.
John C. Rood,
Acting Under Secretary for Arms Control and International Security,
Department of State.
[FR Doc. E8-16537 Filed 7-17-08; 8:45 am]
BILLING CODE 4701-25-P
