Amendment to the International Traffic in Arms Regulations: Temporary Export Exemption for Body Armor, 39212-39213 [E9-18843]

Download as PDF 39212 Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Rules and Regulations conforms to the Commission’s interpretation of section 5a(11) of the Act at the time Regulation 7.201 was adopted, and to the Commission’s interpretation of CBOT’s obligations under successor section 5(d)(13) of the Act, and that Regulation 7.201 refers to a CBOT rule that is no longer in the CBOT rulebook, the Commission has determined to grant the CME Group’s petition and hereby repeals Regulation 7.201. II. Related Matters A. No Notice Required Under 5 U.S.C. 553 The Administrative Procedure Act (‘‘APA’’) requires rulemakings to be commenced with a general notice of public rulemaking, published in the Federal Register,4 except, among other things, ‘‘when the agency for good cause finds * * * that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.’’ 5 The repeal of Commission Regulation 7.201 will not cause new regulatory requirements to be effected, because new CBOT Rule 600.D imposes the same requirements on CBOT members that Commission Regulation 7.201 was adopted to impose. Therefore, the Commission finds for good cause that the notice and public procedure are unnecessary before finalizing the repeal of Commission Regulation 7.201. B. Regulatory Flexibility Act The Commission is required to prepare and make available for public comment a regulatory flexibility analysis describing the impact of a rule on small entities when the Commission is required by 5 U.S.C. 553 or any other law to publish a notice of proposed rulemaking.6 The Commission has found according to the provisions of 5 U.S.C. 553 that a notice of proposed rulemaking is unnecessary for the repeal of Regulation 7.201. Therefore, the Commission is not required to prepare and make available a regulatory flexibility analysis, and the head of the agency alternatively is not making a certification as to the economic impact of the rule on a substantial number of small entities.7 erowe on DSK5CLS3C1PROD with RULES 45 U.S.C. 553(b). 5 5 U.S.C. 553. See also Commission Regulations 13.3 through 13.5, 17 CFR 13.3–13.5 (notice of proposed rulemaking and public participation in the rulemaking process required unless the Commission finds for good cause that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest). 6 5 U.S.C. 603 and 604. 7 See 5 U.S.C. 605 (certification by the head of an agency permitted as an alternative to the regulatory VerDate Nov<24>2008 14:35 Aug 05, 2009 Jkt 217001 C. Paperwork Reduction Act DEPARTMENT OF STATE The Paperwork Reduction Act (‘‘PRA’’), 44 U.S.C. 3501 et seq., imposes certain requirements on federal agencies (including the Commission) in connection with their conducting or sponsoring any collection of information as defined by the PRA. The repeal of Regulation 7.201 is not associated with a collection of information. Accordingly, the Paperwork Reduction Act does not apply. 22 CFR Part 123 D. Cost Benefit Analysis Section 15(a) of the Act requires the Commission to consider the costs and benefits of its action before promulgating a new regulation or order under the Act. Since this action repeals rather than promulgates a regulation, by its terms, § 15(a) does not apply. In any event, the repeal of Commission Regulation 7.201 will not cause new regulatory requirements to be effected, as new CBOT Rule 600.D imposes the same requirements on CBOT members that Commission Regulation 7.201 was adopted to impose. Thus, the repeal of Regulation 7.201 is cost/benefit neutral. List of Subjects in 17 CFR Part 7 Arbitration, Commodity exchanges, Commodity futures. In consideration of the foregoing, and pursuant to the authority in the Commodity Exchange Act and, in particular, sections 5 and 8a of the Act, the Commission hereby amends Title 17, part 7, of the Code of Federal Regulations as follows: ■ PART 7—CONTRACT MARKET RULES ALTERED OR SUPPLEMENTED BY THE COMMISSION 1. The authority citation for part 7 is revised to read as follows: ■ Authority: 7 U.S.C. 7(a) and 12a(7). § 7.201 [Removed and reserved] 2. Section 7.201 is removed and reserved. ■ Issued in Washington, DC, on July 31, 2009. By the Commission. David Stawick, Secretary of the Commission. [FR Doc. E9–18855 Filed 8–5–09; 8:45 am] BILLING CODE 6717–01–P flexibility analyses required at 5 U.S.C. 603 and 604). PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 [Public Notice: 6646] Amendment to the International Traffic in Arms Regulations: Temporary Export Exemption for Body Armor Department of State. Final rule. AGENCY: ACTION: SUMMARY: The Department of State is amending the International Traffic in Arms Regulations (ITAR) to add an exemption for the temporary export of body armor for exclusive personal use to destinations not subject to restrictions under the ITAR § 126.1 and to Afghanistan and Iraq under specified conditions. DATES: Effective Date: This rule is effective August 6, 2009. ADDRESSES: Interested parties may submit comments at any time by any of the following methods: • E-mail: DDTCResponseTeam@state.gov with an appropriate subject line. • Mail: Department of State, Directorate of Defense Trade Controls, Office of Defense Trade Controls Policy, ATTN: Regulatory Change, Section 123.17, SA–1, 12th Floor, Washington, DC 20522–0112. Persons with access to the Internet may also view this notice by going to the regulations.gov Web site at https:// regulations.gov/index.cfm. FOR FURTHER INFORMATION CONTACT: Director Charles B. Shotwell, Office of Defense Trade Controls Policy, Department of State, Telephone (202) 663–2792 or Fax (202) 261–8199; E-mail DDTCResponseTeam@state.gov. ATTN: Regulatory Change, Section 123.17. SUPPLEMENTARY INFORMATION: U.S. individuals are traveling to hazardous areas in foreign countries where they need to wear body armor for personal safety. Consequently, the Department of State is amending the International Traffic in Arms Regulations (ITAR) to add an exemption for the temporary export of body armor covered by 22 CFR 121.1, Category X(a)(1). The exemption is available for destinations not subject to restrictions under ITAR § 126.1 and to Afghanistan and Iraq under specified conditions. In order to use the exemption, the protective equipment must be for the individual’s exclusive use and must be returned to the United States. The individual may not re-export the protective equipment to a foreign person or otherwise transfer ownership. The protective equipment may not be exported to any country where the E:\FR\FM\06AUR1.SGM 06AUR1 Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Rules and Regulations importation would be in violation of that country’s laws. The U.S. person declaring the temporary export of body armor to U.S. Customs and Border Protection should use CBP Form 4457 entitled the ‘‘Certificate of Registration for Personal Effects Taken Abroad.’’ The export information is not required to be reported electronically using the Automated Export System (AES). Upon re-entering the United States, the CBP Form 4457 should be presented. In the event the body armor is lost or otherwise not returned to the United States, a detailed report about the incident must be submitted to the Office of Defense Trade Controls Compliance. The report should describe all attempts to locate the body armor. 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 Since this amendment is not subject to the notice-and-comment procedures of 5 U.S.C. 553, it does not require analysis under the Regulatory Flexibility Act. 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. erowe on DSK5CLS3C1PROD with RULES Small Business Regulatory Enforcement Fairness Act of 1996 This amendment has been found not 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 direct 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 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 VerDate Nov<24>2008 14:35 Aug 05, 2009 Jkt 217001 summary impact statement. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this amendment. Executive Order 12866 This amendment 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. 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 123 Arms and munitions, Exports. ■ Accordingly, for the reasons set forth above, Title 22, Chapter I, Subchapter M, part 123 is amended as follows: 39213 (3) The body armor is for that person’s exclusive use and not for re-export or other transfer of ownership; and (4) If the body armor is lost or otherwise not returned to the United States, a detailed report must be submitted to the Office of Defense Trade Controls Compliance in § 127.12(c)(2) of this subchapter entitled ‘‘Voluntary disclosures.’’ (g) The license exemption set forth in paragraph (f) of this section is also available for the temporary export of body armor for personal use to Afghanistan and to Iraq provided that: (1) The conditions in paragraphs (f)(1)–(f)(3) of this section are met; (2) For temporary exports to Iraq the U.S. person utilizing the license exemption is either a person affiliated with the U.S. Government traveling on official business or is a person not affiliated with the U.S. Government but traveling to Iraq under a direct authorization by the Government of Iraq and engaging in humanitarian activities for, on behalf of, or at the request of the Government of Iraq. Dated: July 8, 2009. Rose E. Gottemoeller, Assistant Secretary, Verification, Compliance and Implementation, Department of State. [FR Doc. E9–18843 Filed 8–5–09; 8:45 am] PART 123—LICENSES FOR THE EXPORT OF DEFENSE ARTICLES BILLING CODE 4710–25–P ■ 1. The authority citation for part 123 continues to read as follows: DEPARTMENT OF HOMELAND SECURITY Authority: Secs. 2, 38, and 71, Public Law 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; Public Law 105–261, 112 Stat. 1920; Sec. 1205(a), Public Law 107– 228. Coast Guard ■ 2. Section 123.17 is amended by adding paragraphs (f) and (g) to read as follows: Special Local Regulations for Marine Events; Patapsco River, Northwest Harbor, Baltimore, MD § 123.17 Exports of firearms, ammunition, and body armor. AGENCY: * * * * * (f) Except as provided in § 126.1 of this subchapter, Port Directors of U.S. Customs and Border Protection shall permit U.S. persons to export temporarily from the United States without a license one set of body armor covered by Category X(a)(1) of this subchapter provided that: (1) A declaration by the U.S. person and an inspection by a customs officer is made; (2) The body armor is with the U.S. person’s baggage or effects, whether accompanied or unaccompanied (but not mailed); PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 33 CFR Part 100 [Docket No. USCG–2009–0251] RIN 1625–AA08 ACTION: Coast Guard, DHS. Temporary final rule. SUMMARY: The Coast Guard is establishing special local regulations during the ‘‘Baltimore Dragon Boat Challenge’’, a marine event to be held on the waters of the Patapsco River, Northwest Harbor, Baltimore, MD. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of the Patapsco River during the event. DATES: This rule is effective from August 22, 2009 through August 29, 2009. E:\FR\FM\06AUR1.SGM 06AUR1

Agencies

DEPARTMENT OF STATE

[Federal Register Volume 74, Number 150 (Thursday, August 6, 2009)]
[Rules and Regulations]
[Pages 39212-39213]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18843]


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DEPARTMENT OF STATE

22 CFR Part 123

[Public Notice: 6646]


Amendment to the International Traffic in Arms Regulations: 
Temporary Export Exemption for Body Armor

AGENCY: Department of State.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of State is amending the International Traffic 
in Arms Regulations (ITAR) to add an exemption for the temporary export 
of body armor for exclusive personal use to destinations not subject to 
restrictions under the ITAR Sec.  126.1 and to Afghanistan and Iraq 
under specified conditions.

DATES: Effective Date: This rule is effective August 6, 2009.

ADDRESSES: Interested parties may submit comments at any time by any of 
the following methods:
     E-mail: DDTCResponseTeam@state.gov with an appropriate 
subject line.
     Mail: Department of State, Directorate of Defense Trade 
Controls, Office of Defense Trade Controls Policy, ATTN: Regulatory 
Change, Section 123.17, SA-1, 12th Floor, Washington, DC 20522-0112.
    Persons with access to the Internet may also view this notice by 
going to the regulations.gov Web site at https://regulations.gov/index.cfm.

FOR FURTHER INFORMATION CONTACT: Director Charles B. Shotwell, Office 
of Defense Trade Controls Policy, Department of State, Telephone (202) 
663-2792 or Fax (202) 261-8199; E-mail DDTCResponseTeam@state.gov. 
ATTN: Regulatory Change, Section 123.17.

SUPPLEMENTARY INFORMATION: U.S. individuals are traveling to hazardous 
areas in foreign countries where they need to wear body armor for 
personal safety. Consequently, the Department of State is amending the 
International Traffic in Arms Regulations (ITAR) to add an exemption 
for the temporary export of body armor covered by 22 CFR 121.1, 
Category X(a)(1). The exemption is available for destinations not 
subject to restrictions under ITAR Sec.  126.1 and to Afghanistan and 
Iraq under specified conditions. In order to use the exemption, the 
protective equipment must be for the individual's exclusive use and 
must be returned to the United States. The individual may not re-export 
the protective equipment to a foreign person or otherwise transfer 
ownership. The protective equipment may not be exported to any country 
where the

[[Page 39213]]

importation would be in violation of that country's laws.
    The U.S. person declaring the temporary export of body armor to 
U.S. Customs and Border Protection should use CBP Form 4457 entitled 
the ``Certificate of Registration for Personal Effects Taken Abroad.'' 
The export information is not required to be reported electronically 
using the Automated Export System (AES). Upon re-entering the United 
States, the CBP Form 4457 should be presented.
    In the event the body armor is lost or otherwise not returned to 
the United States, a detailed report about the incident must be 
submitted to the Office of Defense Trade Controls Compliance. The 
report should describe all attempts to locate the body armor.

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

    Since this amendment is not subject to the notice-and-comment 
procedures of 5 U.S.C. 553, it does not require analysis under the 
Regulatory Flexibility Act.

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 been found not 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 direct 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 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. The 
regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this amendment.

Executive Order 12866

    This amendment 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.

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 123

    Arms and munitions, Exports.

0
Accordingly, for the reasons set forth above, Title 22, Chapter I, 
Subchapter M, part 123 is amended as follows:

PART 123--LICENSES FOR THE EXPORT OF DEFENSE ARTICLES

0
1. The authority citation for part 123 continues to read as follows:

    Authority:  Secs. 2, 38, and 71, Public Law 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; 
Public Law 105-261, 112 Stat. 1920; Sec. 1205(a), Public Law 107-
228.


0
2. Section 123.17 is amended by adding paragraphs (f) and (g) to read 
as follows:


Sec.  123.17   Exports of firearms, ammunition, and body armor.

* * * * *
    (f) Except as provided in Sec.  126.1 of this subchapter, Port 
Directors of U.S. Customs and Border Protection shall permit U.S. 
persons to export temporarily from the United States without a license 
one set of body armor covered by Category X(a)(1) of this subchapter 
provided that:
    (1) A declaration by the U.S. person and an inspection by a customs 
officer is made;
    (2) The body armor is with the U.S. person's baggage or effects, 
whether accompanied or unaccompanied (but not mailed);
    (3) The body armor is for that person's exclusive use and not for 
re-export or other transfer of ownership; and
    (4) If the body armor is lost or otherwise not returned to the 
United States, a detailed report must be submitted to the Office of 
Defense Trade Controls Compliance in Sec.  127.12(c)(2) of this 
subchapter entitled ``Voluntary disclosures.''
    (g) The license exemption set forth in paragraph (f) of this 
section is also available for the temporary export of body armor for 
personal use to Afghanistan and to Iraq provided that:
    (1) The conditions in paragraphs (f)(1)-(f)(3) of this section are 
met;
    (2) For temporary exports to Iraq the U.S. person utilizing the 
license exemption is either a person affiliated with the U.S. 
Government traveling on official business or is a person not affiliated 
with the U.S. Government but traveling to Iraq under a direct 
authorization by the Government of Iraq and engaging in humanitarian 
activities for, on behalf of, or at the request of the Government of 
Iraq.

    Dated: July 8, 2009.
Rose E. Gottemoeller,
Assistant Secretary, Verification, Compliance and Implementation, 
Department of State.
[FR Doc. E9-18843 Filed 8-5-09; 8:45 am]
BILLING CODE 4710-25-P

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