36(b)(1) Arms Sales Notification, 89-92 [E8-31074]
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Federal Register / Vol. 74, No. 1 / Friday, January 2, 2009 / Notices
access to export-controlled information
and technology.
(c) Definitions
(1) Deemed export. The Export
Administration Regulations (EAR)
define a deemed export as any release
of technology or source code subject to
the EAR to a foreign national, both in
the United States and abroad. Such
release is ‘‘deemed’’ to be an export to
the home country of the foreign
national. 15 CFR 734.2(b)(2)(ii).
(2) Export-controlled information and
technology. Export-controlled
information and technology is
information and technology subject to
the EAR (15 CFR parts 730 et seq.),
implemented by the DOC Bureau of
Industry and Security, or the
International Traffic In Arms
Regulations (ITAR) (22 CFR parts 120–
130), implemented by the Department of
State, respectively. This includes, but is
not limited to, dual-us items, defense
articles and any related assistance,
services, software or technical data as
defined in the EAR and ITAR.
(d) The recipient shall control access
to all export-controlled information and
technology that it possesses or that
comes into its possession in
performance of a financial assistance
award, to ensure that access is
restricted, or licensed, as required by
applicable Federal laws, Executive
Orders, and/or regulations.
(e) Nothing in the terms of this
financial assistance award is intended to
change, supersede, or waive any of the
requirements of applicable Federal laws,
Executive Orders or regulations.
(f) The recipient shall include this
clause, including this paragraph (f), in
all lower tier transactions (subawards,
contracts, and subcontracts) under the
financial assistance award that may
involve access to export-controlled
information technology.
NOAA Implementation of Homeland
Security Presidential Directive—12
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If the performance of a financial
assistance award, if approved by NOAA,
requires recipients to have physical
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access to Federal premises for more than
180 days or access to a Federal
information system, any items or
services delivered under a financial
assistance award shall comply with the
Department of Commerce personal
identity verification procedures that
implement Homeland Security
Presidential Directive -12, FIPS PUB
201, and the Office of Management and
Budget Memorandum M–05–24. The
recipient shall insert this clause in all
subawards or contracts when the
subaward recipient or contractor is
required to have physical access to a
Federally controlled facility or access to
a Federal information system.
The Department of Commerce PreAward Notification Requirements for
Grants and Cooperative Agreements
The Department of Commerce PreAward Notification Requirements for
Grants and Cooperative Agreements
contained in the Federal Register notice
of February 11, 2008 (73 FR 7696) are
applicable to this solicitation.
Paperwork Reduction Act
Executive Order 12866
This notice has been determined to be
not significant for purposes of Executive
Order 12866.
Executive Order 13132 (Federalism)
It has been determined that this notice
does not contain policies with
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Federalism implications as that term is
defined in Executive Order 13132.
Administrative Procedure Act/
Regulatory Flexibility Act
Prior notice and an opportunity for
public comment are not required by the
Administrative Procedure Act or any
other law for rules concerning public
property, loans, grants, benefits, and
contracts (5 U.S.C. 553(a)(2)). Because
notice and opportunity for comment are
not required pursuant to 5 U.S.C. 553 or
any other law, the analytical
requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are
inapplicable. Therefore, a regulatory
flexibility analysis has not been
prepared.
Dated: December 22, 2008.
Maureen E. Wylie,
Acting Director, Acquisition and Grants
Office.
[FR Doc. E8–30851 Filed 12–31–08; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF DEFENSE
This document contains collection-ofinformation requirements subject to the
Paperwork Reduction Act (PRA). The
use of Standard Forms 424 and 424A,
424B, 424C, 424D, and SF–LLL has been
approved by OMB under the respective
control numbers 4040–0004, 0348–0044,
4040–0007, 0348–0041, 4040–0009, and
0348–0046. 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 PRA unless
that collection of information displays a
currently valid OMB control number.
PO 00000
89
Office of the Secretary
[Transmittal Nos. 09–05]
36(b)(1) Arms Sales Notification
AGENCY: Department of Defense, Defense
Security Cooperation Agency.
ACTION: Notice.
SUMMARY: The Department of Defense is
publishing the unclassified text of a
section 36(b)(1) arms sales notification.
This is published to fulfill the
requirements of section 155 of Public
Law 104–164 dated 21 July 1996.
FOR FURTHER INFORMATION CONTACT: Ms.
B. English, DSCA/DBO/CFM, (703) 601–
3740.
The following is a copy of a letter to
the Speaker of the House of
Representatives, Transmittals 09–05
with attached transmittal, and policy
justification.
BILLING CODE 5001–06–M
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Federal Register / Vol. 74, No. 1 / Friday, January 2, 2009 / Notices
DEPARTMENT OF DEFENSE
BILLING CODE 5001–06–C
36(b)(1) Arms Sales Notification
Office of the Secretary
[Transmittal Nos. 09–06]
mstockstill on PROD1PC66 with NOTICES
AGENCY: Department of Defense, Defense
Security Cooperation Agency.
ACTION: Notice.
The Department of Defense is
publishing the unclassified text of a
section 36(b)(1) arms sales notification.
This is published to fulfill the
SUMMARY:
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16:23 Dec 31, 2008
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PO 00000
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Sfmt 4703
requirements of section 155 of Public
Law 104–164 dated 21 July 1996.
FOR FURTHER INFORMATION CONTACT: Ms.
B. English, DSCA/DBO/CFM, (703) 601–
3740.
The following is a copy of a letter to
the Speaker of the House of
Representatives, Transmittals 09–06
with attached transmittal, and policy
justification.
Dated: December 22, 2008.
Patricia L. Toppings,
OSD Federal Register, Liaison Officer,
Department of Defense.
BILLING CODE 5001–06–M
E:\FR\FM\02JAN1.SGM
02JAN1
EN02JA09.005
Dated: December 22, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. E8–31074 Filed 12–31–08; 8:45 am]
Agencies
[Federal Register Volume 74, Number 1 (Friday, January 2, 2009)]
[Notices]
[Pages 89-92]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31074]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Transmittal Nos. 09-05]
36(b)(1) Arms Sales Notification
AGENCY: Department of Defense, Defense Security Cooperation Agency.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Defense is publishing the unclassified text
of a section 36(b)(1) arms sales notification. This is published to
fulfill the requirements of section 155 of Public Law 104-164 dated 21
July 1996.
FOR FURTHER INFORMATION CONTACT: Ms. B. English, DSCA/DBO/CFM, (703)
601-3740.
The following is a copy of a letter to the Speaker of the House of
Representatives, Transmittals 09-05 with attached transmittal, and
policy justification.
BILLING CODE 5001-06-M
[[Page 90]]
[GRAPHIC] [TIFF OMITTED] TN02JA09.003
[[Page 91]]
[GRAPHIC] [TIFF OMITTED] TN02JA09.004
[[Page 92]]
[GRAPHIC] [TIFF OMITTED] TN02JA09.005
Dated: December 22, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E8-31074 Filed 12-31-08; 8:45 am]
BILLING CODE 5001-06-C